Are You Dim Enough To Work In Government?
An idiot FBI agent filed for copyright with the Library of Congress on a top-secret document detailing the bureau's interrogation measures -- leaving it open for the reading to anybody with a library card.
Nick Baumann writes at Mother Jones:
For years, the American Civil Liberties Union fought a legal battle to force the FBI to release a range of documents concerning FBI guidelines, including this one, which covers the practices agents are supposed to employ when questioning suspects. Through all this, unbeknownst to the ACLU and the FBI, the manual sat in a government archive open to the public. When the FBI finally relented and provided the ACLU a version of the interrogation guidebook last year, it was heavily redacted; entire pages were blacked out. But the version available at the Library of Congress, which a Mother Jones reporter reviewed last week, contains no redactions.The 70-plus-page manual ended up in the Library of Congress, thanks to its author, an FBI official who made an unexplainable mistake. This FBI supervisory special agent, who once worked as a unit chief in the FBI's counterterrorism division, registered a copyright for the manual in 2010 and deposited a copy with the US Copyright Office, where members of the public can inspect it upon request. What's particularly strange about this episode is that government documents cannot be copyrighted.
"A document that has not been released does not even need a copyright," says Steven Aftergood, a government secrecy expert at the Federation of American Scientists. "Who is going to plagiarize from it? Even if you wanted to, you couldn't violate the copyright because you don't have the document. It isn't available."
"The whole thing is a comedy of errors," he adds. "It sounds like gross incompetence and ignorance."
Julian Sanchez, a fellow with the libertarian Cato Institute who has studied copyright policy, was harsher: "Do they not cover this in orientation? [Sensitive] documents should not be placed in public repositories--and, by the way, aren't copyrightable. How do you even get a clearance without knowing this stuff?"







Can you actually imagine a "manual" of this sort will be followed?
Most official documents have as one of their purposes the indemnification of the parent agency - so, if Agent Smith mistreats Morpheus, the agency can distance itself.
Therefore, there is no real benefit from classifying such a manual.
Radwaste at December 23, 2013 3:36 AM
I have an idea of what the intent might have been... I've seen several cases lately of state government agencies using copyright claims to try to prevent the publication of embarrassing information, or to punish people who publish such. Maybe this guy thought he would do that at the federal level. But oops, he forgot or didn't know that copyright law has long prohibited the federal government from owning copyrights.
Cousin Dave at December 23, 2013 6:36 AM
This is why Coke and Tabasco have not patented their formulas.
Conan the Grammarian at December 23, 2013 9:21 AM
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