Jacob Sullum
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At midnight on New Year's Eve, a vast number of government documents that are secret now will be secret no more. The automatic declassification, which applies to all material that is at least 25 years old unless agencies have sought exemptions for it, will include hundreds of millions of pages from the FBI, the CIA and the National Security Agency.

Historians, who will be digesting these documents for decades, can look forward to millions more every year from now on. They can thank not only President Bill Clinton, who signed the 1995 executive order establishing the declassification policy, but also President George W. Bush, who followed through on it.

Despite its willingness to reveal the secrets of a quarter century ago, the Bush administration -- like the Clinton administration, but with measurably more enthusiasm -- continues to abuse the classification system. It bends the law to hide material it has no legitimate reason to hide, as illustrated by its recent squabble with the American Civil Liberties Union over a document so boring it's hard to see what the fuss was about.

This "Information Paper," dated Dec. 20, 2005, addresses "the permissibility of photographing enemy prisoners of war (EPWs) and detainees in the Iraqi Theater of Operations." It's a little more than three pages long yet highly repetitive.

The take-home message: Journalists may photograph prisoners as long as the individuals are not identifiable and are not pictured "in any manner that might be interpreted as holding them up to public curiosity," in violation of the Geneva Conventions. Soldiers may photograph prisoners only when their official duties require it.

The juiciest part of the document is an admonition that recalls the notorious Abu Ghraib photos: "Detainees will not be photographed, humiliated or placed in positions with sexual overtones." Since the Abu Ghraib pictures came to light in April 2004, people might wonder, as the ACLU puts it, "whether the guidelines were in place prior to the Abu Ghraib scandal and, if not, why it took more than a year after the scandal to issue a policy."

Or they might not. In any case, there is nothing remotely threatening to national security about this summary of military regulations. Yet it was labeled "SECRET" at the top and bottom of every page, and after someone e-mailed it to the ACLU in October, the Justice Department obtained a grand jury subpoena demanding "any and all copies" of it.

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Jacob Sullum

Jacob Sullum is a senior editor at Reason magazine and a contributing columnist on Townhall.com.
 
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