VZCZCXRO7340
RR RUEHCHI RUEHDT RUEHHM
DE RUEHML #0625/01 0570850
ZNR UUUUU ZZH
R 260850Z FEB 07
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC 5420
INFO RUEHZS/ASEAN COLLECTIVE

UNCLAS SECTION 01 OF 02 MANILA 000625 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR IIP/G/EA - EKENEALY; INFO EAP/PD - AGRIMES, DFIRESTEIN; 
EAP/MTS - NDEAN, PINGENERI 
 
E.O. 12958:  N/A 
TAGS: KPAO SCUL OIIP RP
SUBJECT: STRATEGIC SPEAKER INITIATIVE - EMBASSY MANILA 
REQUEST FOR SPEAKER: HOW LAW ENFORCEMENT AGENCIES AND CIVIL SOCIETY 
ACTIVISTS HAVE A COMMON INTEREST IN ACCESS TO INFORMATION 
 
¶1. In the framework of the Strategic Speaker Initiative, Embassy 
Manila requests a speaker who will be able to argue effectively that 
law enforcement agencies and civil society activists have a common 
interest in modifying laws and administrative procedures that block 
access to information and sometimes inadvertently shield those who 
engage in corruption and other criminal activity such as the 
financing of terrorism.    We propose that this program take place 
in the fourth quarter of FY 2007, preferably in September. 
 
¶2. Justification and Objective: Good governance, economic 
development, and the fight against terrorism are all undercut by 
overly strict laws blocking access to information.  The Philippines 
currently has stringent banking secrecy laws as well as laws and 
administrative barriers that make it very difficult for law 
enforcement agencies to engage in wiretapping or other forms of 
surveillance.  Those laws and regulations are intended to protect 
the law-abiding public, but in practice they shield those involved 
in corruption and other illegal activity such as the financing of 
terrorism.  "Sunshine" laws such as the U.S. Freedom of Information 
Act and well-regulated law enforcement powers to wiretap and conduct 
surveillance are not at odds with civil liberties but rather act 
complementarily to deter crime, corruption and terrorism - all of 
which corrode civil society.  However, many civil society activists 
here regard the possibility of loosening privacy laws with deep 
suspicion.  It would be very helpful to have a speaker who could 
demonstrate convincingly to them that in fact their interests and 
the interests of law enforcement agencies overlap to a significant 
degree and that legitimate law enforcement needs can be met without 
trampling on the rights of the innocent. 
 
¶3. The core ideas we want the speaker to communicate are: 
-- Freedom of Information laws are powerful tools useful to both 
civil society advocates and law enforcement agencies, whose 
interests converge in fighting corruption and other forms of 
criminal activity. 
-- Responsibly administered access to information creates both a 
freer and a safer society by exposing corruption and criminality and 
enabling effective prosecution of the perpetrators. 
-- Access to information by law enforcement and "watchdog" groups 
not only assists in prosecution of criminals and corrupt parties, it 
deters corruption and criminality. 
-- Protection of civil liberties can be compatible with well 
regulated access by law enforcement and regulatory bodies to the 
information they need to do their jobs. 
 
¶4. Purpose of the Program:  This program directly supports three of 
our top-priority MPP goals: Prevention and Response to Terrorism, 
Economic Growth and Development, and Support for Democratic Systems 
and Practices.  It also directly addresses major aspects of the 
following Strategic Speaker's Initiative criteria: Meeting the 
Challenge of Terrorism, Democracy and Rule of Law, Trade and 
Investment. 
 
¶5. Audience: The speaker's program will include venues in Manila, 
Cebu and possibly Davao.  Audiences will include government and law 
enforcement officials, financial professionals, civil society 
activists, and students studying government, finance and law.  We 
will arrange print and electronic media interviews in order to 
maximize the "reach" of the program. 
 
¶6. Proposed Topic: "Reasonable and Well-Regulated Access to 
Information Is Good for Law Enforcement and for Society."  We 
propose that the speaker focus on showing how carefully crafted 
Freedom of Information laws and well-regulated law enforcement 
powers to wiretap and conduct surveillance are can be compatible 
with civil liberties and deter crime, corruption and terrorism - all 
of which corrode society.  Currently, Philippine law is overly 
rigorous in protecting bank secrecy, and laws and administrative 
procedures make it very difficult for law enforcement agencies to 
use wiretaps and other forms of surveillance to obtain evidence. 
Philippine law protects civil liberties to such an extent that many 
criminals are never brought to trial because law enforcement 
agencies cannot collect evidence that can be used to make arrests 
and get convictions.  As a result, it is difficult to uncover crime 
and/or obtain convictions against those who engage in corruption and 
other criminal activities such as violation of intellectual property 
rights and even the financing of terrorism. 
 
¶7. Type of Specialist: We suggest Judge Richard Posner, author of 
"Not a Suicide Pact: The Constitution in a Time of National 
Emergency."  His contact information follows: Richard A. Posner, 
Senior Lecturer in Law, 1111 East 60th Street, Chicago, IL 60637; 
phone: 773-702-9608; email: hkafra@uchicago.edu.  If Judge Posner is 
not available, his son, Eric Posner, who also writes on this 
subject, would be an excellent substitute.  His contact information 
follows: Eric A. Posner, Professor of Law, University of Chicago Law 
School, 1111 E. 60th Street, Chicago, IL 60637 USA; Phone: 
773-702-0425; Fax: 773-702-0730; E-mail: 
 
MANILA 00000625  002 OF 002 
 
 
eric_posner@law.uchicago.edu.  Post would appreciate IIP's 
assistance in identifying other alternatives should both suggested 
specialists not be available. 
 
¶8. Language Requirement: English is widely spoken in the 
Philippines. 
 
¶9. Materials Required: Mission requests the speakers' CVs as well as 
an abstract of the presentation.  We would also appreciate an 
advance copy of visual aids (e.g., PowerPoint 
presentation), and any other materials, such as a bibliography and 
reprints of any articles written by the speakers. 
 
¶10. Control officer will be ACAO Stephen Ashby; office phone (63-2) 
525-0426; home phone (63-2) 833-9176, fax (63-2) 525-0427; email: 
AshbySM@state.gov.  Assisting Mr. Ashby 
will be Cultural Affairs Specialist Jomar Ascano; office phone 
(63-2) 523-1001 ext 2524; fax (63-2) 522-1608; 
email:AscanoJA@state.gov. 
 
¶11. Funding specifics: We request that this program be funded 
through the Strategic Speakers Initiative.  Post welcomes other 
missions in the region co-programming the 
speaker. 
 
KENNEY