Recovery Act recipient reporting has received a great deal of attention in the media, and while some of this coverage has been critical (reporting on non-existent congressional districts or ZIP codes, unreliable job creation numbers, etc.), many news articles portray comprehensive oversight of the act because of transparency requirements in the law. However, approximately two-thirds of the spending in the Recovery Act bypasses these requirements, leading to a dearth of information about how the money is being spent. As time passes and Recovery Act spending continues, this lack of data is becoming more apparent, as highlighted by a recent Internal Revenue Service (IRS) report showing that millions of dollars in Recovery Act tax breaks are vulnerable to tax fraud.

Excessive secrecy prevents the public from knowing what chemicals are used in their communities and what health impacts might be associated with those substances, according to a recent analysis of government data by the nonprofit Environmental Working Group (EWG). The growing practice of concealing data alleged to be trade secrets has seemingly hobbled regulators' ability to protect the public from potential risks from thousands of chemicals.

On Dec. 29, 2009, President Obama signed an executive order (E.O. 13526) to prescribe a uniform system of classifying and declassifying government information. The new order was welcomed by open government advocacy groups and will go into effect on June 27.

Regulatory agencies are routinely violating federal law by not submitting final regulations to Congress, according to a recent Congressional Research Service (CRS) report. Any rule agencies have not submitted to Congress could be susceptible to a lawsuit.

On Oct. 27, 2009, the White House Office of Information and Regulatory Affairs (OIRA) opened a public comment process on ways to improve implementation of the Paperwork Reduction Act (PRA). The PRA covers a range of information resource management issues and topics, although it is best known for creating OIRA and establishing a paperwork clearance procedure. The law was passed in 1980 and last reauthorized in 1995, well before current technological capabilities that allow for greater public participation and streamlined information collection and reporting.

A 9th Circuit Court of Appeals panel ruled 2-1 that Washington State felony inmates are entitled to vote under Section 2 of the Voting Rights Act of 1965. The court held that current restrictions, which strip convicted felons of the right to vote while incarcerated or under Department of Corrections supervision, unfairly discriminate against minorities.