That is a great question. I guess I would just add one additional way to think about it.
There is the upfront way of thinking about it, but maybe we also need to start thinking about how to review the practices of different departments. I imagine they would have their own norms. Yours would be very different from some other government agencies. After the fact, how effective are these practices?
We might not know up front, and maybe we need to give the benefit of the doubt in certain circumstances. That is a different question. Surely we need to be building on after-the-fact accountability and review to say, “Well, what have you been doing? What has it allowed you in terms of effectiveness?” If it is not effective, maybe we need to go back and change those practices rather than letting them go on.
When it is difficult to know ahead of time, maybe you need to start thinking about some models that combine an initial discretion with the knowledge that you are going to be held to account for what happens here, and we are going to review it.