On Monday, President Obama quietly signed a bill repealing the major provisions of the much-touted ethics law known as the STOCK Act.
Passed in 2012 after a 60 Minutes report on insider trading practices in Congress, the STOCK Act banned members of Congress and senior executive and legislative branch officials from trading based on government knowledge. To give the ban teeth, the law directed that many of these officials’ financial disclosure forms be posted online and their contents placed into public databases. However, in March a report ordered by Congress found that airing this information on the Internet could put public servants and national security at risk. The report urged that the database, and the public disclosure for everyone but members of Congress and the highest-ranking executive branch officials—measures that had never been implemented—be thrown out.
The government sprang into action: last week, both chambers of Congress unanimously agreed to adopt the report’s recommendations. Days later, Obama signed the changes into law.
The STOCK Act’s partial repeal received workmanlike coverage from Beltway outlets like The Hill and Politico, prompted the expected howls of protest from transparency groups, and generated a few ripples in the mainstream media.
The meager coverage was a striking counterpoint to the waves of media attention that accompanied enactment of the STOCK Act in April 2012—310 articles in the two weeks surrounding its passage, according to a search of Lexis Nexis. Just as striking is that none of the reports on the partial repeal consulted experts who could answer the question at hand: did the disclosure rules in fact threaten individual or national security?
To address this question, CJR consulted four cybersecurity experts from leading think tanks and private security consultancies. Each came to the same conclusion: that Congress’s rationale for scrapping the financial disclosure rules was bogus.
“I don’t think there is any risk,” said James Lewis, the director of the Technology and Public Policy Program at the Center for Strategic and International Studies, of posting federal disclosure forms online and in a database. “Only the risk of going to jail for their insider trading.”
Martin Lipicki, a senior management scientist at the RAND Corporation who specializes in information technology and national security, said, “I just don’t see the mechanism” by which online financial disclosures could compromise security. And Ben Hammersley, a technology expert at The Brookings Institution, said that “at a glance it seems to me that the country has been made less secure” by repealing the disclosure rules.
Bluntest of all was Bruce Schneier, a leading security technologist and cryptographer. “They put them personally at risk by holding them accountable,” Schneier said of the impact of disclosure rules on Congress members and DC staffers. “That’s why they repealed it. The national security bit is bullshit you’re supposed to repeat.” (Three of the four experts we consulted opted for the same term of choice.)
The disclosure rules were strongly opposed by federal employee unions, who represent many of the roughly 28,000 officials who would have had to join Congress in more detailed public disclosures. But members of Congress who addressed the partial repeal pointed not to those lobbying efforts but to the recommendations of a report lawmakers had commissioned from the National Academy of Public Administration.
The 157-page NAPA report offers detailed background for its recommendations and provides scenarios in which the disclosures could lead to trouble. We reviewed several of these scenarios with the cybersecurity experts.
A leading concern raised in the report is that online financial disclosures could endanger personnel in sensitive international or security-related postings. It lays out scenarios in which the discovery of diplomats’ personal wealth or financial distress could lead them to be targeted either by criminals or foreign intelligence agencies. “Officials were especially concerned that unrestricted online access to the personal financial information of employees stationed overseas, as well as their families, would subject them to greater risk of kidnapping,” states the report.

Right, they're concerned about people getting their personal info online.. as they pass CISPA. Great job, guys..
#1 Posted by Kidtripod, CJR on Thu 18 Apr 2013 at 06:04 PM
(I hope that someone on CJR staff does read this comment, and pass it on to the author of the headline.)
Thank you for this great post! I have a slight criticism of the headline. There is no need for the question mark, as if the CJR is taking a merely inquisitive or curious stance towards this event. Your quoted experts all agree, three out of four of them called the national security excuse 'bullshit,' and it seems to be pretty cut and dry. It's perfectly okay for your headline to reflect the tone of the body itself. For goodness sakes, you're already quoting Schneier, so using the headline as a sort of shrug (is it 'fraud'? who knows?) is counterproductive.
#2 Posted by Robert Hopt, CJR on Fri 19 Apr 2013 at 10:26 PM
Here's my issue:
1) Not many of us are in National Security, and while some of the 'experts' statements against this make sense...some do not. For instance, paying $40 for a credit report? Really? Do you think that purchase isn't traceable? Now, openly display that info, calculate how many ipaddresses might be tied to it, and you see how hard it is to follow that trail. remember, it isn't just prevention, but detective work after the fact that uses this info.
2) The reason #1 works is precisely because of the national security component. How do you get around that? Simple...no member of public office, at least Congress, should be holding any assets in companies where insider trading is a possibility. Disclosing what they have is after the point anyway, no? These politicians have known about this since the time THEY crafted the bill. They also knew the President's first priority, especially as the first Black President, national security...so he simply can't allow it to go forward, NOW that the security issue was raised(I don't think it was ever raised in committee).
#3 Posted by Byron, CJR on Thu 2 May 2013 at 04:27 PM
Insider Trading
The provisions of the new law expressly affirm that there exists no exemption for Members of Congress, congressional employees, or for other federal officers or employees from the “insider trading” prohibitions in federal securities law and regulation.2
It should be emphasized that there never was any exemption or exception from the “insider trading” provisions of securities law for Members of Congress, congressional staff, or for other federal employees, and such persons were
subject to the insider trading restrictions in the same manner as members of the general public.3
1
P.L. 112-105, 112th Cong., 126 Stat. 291 (2012); S. 2038, 112th Congress, as amended and passed by the House on
February 9, 2012, and adopted by the Senate, agreeing to the House Amendments, on March 22, 2012. Amendments to the STOCK Act made by S. 3510, 112th Congress, were signed by the President on August 16, 2012, P.L. 112-173, and revisions to the effective dates for Internet posting of information were also made in P.L. 112-178 and P.L. 112-207.
2
P.L. 112-105, Sections 4 (Members of Congress and the legislative branch) and 9 (executive and judicial branches).
3
Securities Exchange Act of 1934, 15 U.S.C. §§78aet seq., specifically 15 .S.C. §78j(b); and the Insider Trading
Cong., 126 Stat. 291 (2012); S. 2038, 112th Congress, as amended and passed by the House on February 9, 2012, and adopted by the Senate, agreeing to the House Amendments, on March 22, 2012. Amendments to
the STOCK Act made by S. 3510, 112th Congress, were signed by the President on August 16, 2012, P.L. 112-173, and revisions to the effective dates for Internet posting of information were also made in P.L. 112-178 and P.L. 112-207.
2
P.L. 112-105, Sections 4 (Members of Congress and the legislative branch) and 9 (executive and judicial branches).
3
Securities Exchange Act of 1934, 15 U.S.C. §§78aet seq., specifically 15 .S.C. §§78j(b); and the Insider Trading Sanctions Act of 1984, P.L. 98-376, and 15 .S.C. §§78t-1(a), (b), and §78ff; S.E.C. regulations at 17 C.F.R. §§240.10b-5, 240.10b-5-1, 240.10b-5-2.See testimony of Robert Khuzami, Director, Division of Enforcement, U.S. Securities and Exchange Commission, before the House Financial Services Committee, December 6, 2011
(http://www.sec.gov/news/testimony/2011/ts120611rk.htm); note also Donna M. Nagy, Insider Trading, Congressional Officials, and Duties of Entrustment, 91 BOSTON UNIV
.
L.R. 1105 (2011). Members of Congress were and are subject to
the restrictions to the extent that any enforcement action by an entity outside of Congress must conform to the “Speech
or Debate” privilege in the United States Constitution, art. I, §§6, cl. 1.
4
See, for example, Wall Street Journal, “Congress’s Insider-Trading Non-Scandal,” at A15 (November 16, 2011).
5
P.L. 112-105, Sections 4(b) and 9(b)(2). Existing congressional rules and executive branch regulations and standards recognize such a “duty of trust” of federal officials (See Standing Orders of the Senate, §87, Senate Manual
, S. Doc. 107-1, at 118-119 (2002); House Ethics Manual , 110th Cong., 2nd
Sess., at 2 (2008); Code of Ethics for Government
Service, ¶ 8 (H. Con. Res. 175, 72 Stat., pt. 2, B12 (July 11, 1958)), 5 C.F.R. §§2635.702, 2635.703. Federal case law
has expressly recognized the “fiduciary” relationship of trust
towards to the public inherent in the position of a Member
of Congress. United States v. Podell, 572 F.2d 31, 32 (2d Cir. 1978).
This was copied from this site:
http://www.fas.org/sgp/crs/misc/R42495.pdf
"The STOCK Act, Insider Trading, and Public
Financial Reporting by Federal Officials"
Jack Maskell
Legislative Attorney
April 18, 2013
#4 Posted by Edward, CJR on Tue 21 May 2013 at 02:39 AM
This is part two Edward's post Tuesday 21 May 2013 @ 02:39 AM
The following is who ask for the report, "The STOCK Act, Insider Trading, and Public Financial Reporting by Federal Officials".
CRS Report for Congress
Prepared for Members and Committees of Congress
The problem is there are a lot of crooks in the Federal government since it was never legal to use insider trading to rip off the stock market. You and I, reading this would be in jail/prison as a few big names have done if we were involved in insider trading. Has any member of congress served time for doing an illegal action, stealing. Not to my knowledge. The people in D.C. have forgotten one thing about why they are there. According to my reading the Constitution our representatives are there to serve us, the ENTIRE COUNTRY not the representatives.
Along with the insider trading the representatives are doing another even bigger disservice to our Nation. How long would we the people last if we borrowed money to give to Church, charities or people in need. We would be on the street our selves. Our government prints money which is borrowing when you have nothing to back it up with. Then they send money all over the world while we go broke trying to pay taxes and the goverment goes deeper in debt with no care as to how to pay this debt.
Enough, Thanks if you got this far
Edward
#5 Posted by Edward, CJR on Tue 21 May 2013 at 03:12 AM