Give the White House's Privacy and Civil Liberties Board subpoena power

Strengthening the Privacy and Civil Liberties Board? More like hiding it.

Updated: Monday, July 27th, 2009 | By Angie Drobnic Holan

A report from the independent news Web site ProPublica inspired us to update this item.

ProPublica monitors the White House Web site with special software, looking for changes and documenting those changes for a project it calls ChangeTracker . ProPublica recently noticed that the White House had removed a link from its Web site to the White House's Privacy and Civil Liberties Board.

The board was created in 2004 during the Bush administration, but has had problems fielding a full board membership. (Read ProPublica's full report on its history.) The board's task, suggested by the 9/11 Commission, is to review actions the executive branch takes to protect the country from terrorism to make sure that "the need for such actions is balanced with the need to protect privacy and civil liberties," among other things. In 2008, President George W. Bush's nominees were never confirmed by Congress.

Obama has yet to nominate any members to the five-member board. We asked the White House about the board's membership and whether Obama still hoped to grant the board subpoena power. We didn't get an answer.

On the other hand, the board is funded, receiving appropriations from Congress earlier this year. A White House report on Cyberspace Policy released in May said it was important to reconstitute the board and "accelerate the selection process for its board members and consider whether to seek legislative amendments to broaden its scope to include cybersecurity-related issues."

Nevertheless, we find the board's removal from the White House Web site a sign that the administration seeks to downplay the board's role, not enhance it with additional powers. And its membership remains unfilled. We'll be watching to see if this board is revived and if it gets subpoena power. If it doesn't, it will be a broken promise. For now, we rate it Stalled.

Sources:

ProPublica, Disappearance of Privacy Board From White House Web Site Raises Questions , July 14, 2009

Government Printing Office, Intelligence Reform and Terrorist Prevention Act of 2004: Sec. 1061: Privacy and Civil Liberties Board , accessed July 27, 2009

Government Printing Office, Implementing Recommendations of the 9/11 Commission Act of 2007: Sec. 801: Privacy and Civil Liberties Board , accessed July 27, 2009

U.S. Sen. Patrick Leahy, Critical FOIA Office Receives Funding In Omnibus , March 11, 2009

White House, Cyberspace Policy Review , May 29, 2009