I don't think the question is if should we have a shield law. I think the question is what kind of shield law we should have. Yes, I'd like to see a federal shield law, but if and only if it provides genuine safeguards and doesn't green-light prosecutors and judges and litigants from going after the press and getting things to which they should not be entitled. It's not a simple kind of litmus test.

An attitudinal sea change. I think that's the hardest one to fix. Presidential directives, bills, provisions can all be rescinded, repealed, amended, but attitudes linger. The hardest thing is going to be to try to reverse an attitude, a bunker mentality that equates secrecy with either security or heightened efficiency and that regards transparency as an invitation to mischief and trespass. This default position of operating in the shadows is going to be somewhat appealing to whomever inherits office.

Secrecy doesn't attach to particular parties; it attaches to power. All of the bull work is in place for whomever succeeds. That's my concern.

One of the things that will probably need to be addressed is in the treatment of history, i.e. the Presidential Papers Act. If they can act with impunity, if they know that what they're doing is not going to see the light of day anytime in their lifetime, if they have the right to withhold information from the public, then presidents are given a vastly freer hand.

There are benefits in the sense that there's still a certain level of confidence. But there are liabilities because you can coordinate and manipulate better as the instruments of oversight are more under your control. You don't have so many rogue operations.

You have tens, hundreds of thousands of people in government, and just as many among contractors, who feel totally comfortable writing at the top of the document "internal use only," "official use only," and a million other synonyms, all of which amount to "none of your business" to the public.

When you get new people in, you're going to have a breath of fresh air and there's going to be a window when people will decide what direction to go. It'll be determined by outside events, by the personalities that occupy those positions, and by the treatment they receive both from the press and the public, of the honeymoon period.