Despite some hopeful signs of resistance from feisty individuals and the occasional judge, the challenges posed by SSI are likely to continue and to grow. The root of the problem lies in the very definition of the term. Instead of articulating reviewable criteria for designating information as "sensitive," Congress said in effect that SSI is whatever the TSA says it is. This momentous transfer of authority to the executive branch won't be remedied until Congress recovers its appetite for oversight and accountability.
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