Does new Supreme Court decision in FOIA case stop Citizens United in its tracks?

from CREW:

The Supreme Court issued a decision in Fed. Communications Comm’n v. AT&T, holding the protection the Freedom of Information Act provides for “personal privacy” does not include corporations. AT&T was trying to prevent the disclosure of documents it had submitted to the FCC as part of an investigation, arguing their release would invade the corporation’s personal privacy. According to AT&T, because the word “person” in the FOIA includes corporations, the reference to “personal privacy” must also include corporations.

When the Supreme Court agreed to hear this case, many feared the Court would use it as an opportunity to extend its ruling in Citizens United, where it recognized the First Amendment rights of corporations, to broader contexts such as the FOIA. A number of groups, including CREW, filed friend-of-the-court briefs urging the Supreme Court to use common sense and congressional intent to limit the FOIA’s personal privacy protection to individuals.

Read the rest here.

A new 'toolkit' for opening up civic life

from techPresident:

Citizens who believe their government is open and transparent are more likely to be satisfied with civic life, according to research released by the Pew Research Center's Internet & American Life Project and the Monitor Institute.

Accompanying that research is a set of materials drafted by the Monitor Institute, a for-profit think tank and consultancy hybrid, intended to help community leaders identify how better flow of information in their communities might improve civic life, and then plan out how to create that change.

Pew and the Monitor Institute, conducting surveys and workshops in research backed by the John S. and James L. Knight Foundation, found that the belief that local government is transparent correlates with a belief that citizens can make a difference in their cities. Respondents in Philadelphia, P.A., Macon, Ga., and San Jose, Ca., who said that local government does very or pretty well at sharing information were far more likely to report feeling that they could make an impact in their community than those who did not, the survey found.

Read more here.

Court: No personal privacy for business in FOIA

from Washington Post:

WASHINGTON -- The Supreme Court ruled Tuesday that corporations have no right of personal privacy to prevent the disclosure of documents under the federal Freedom of Information Act.

Chief Justice John Roberts wrote the 8-0 opinion Tuesday that reversed an appeals court ruling in favor of AT&T. The outcome was notable for its unanimity, especially in view of recent criticism from liberal interest groups that the court tilts too far in favor of business.

"The protection in FOIA against disclosure of law enforcement information on the ground that it would constitute an unwarranted invasion of personal privacy does not extend to corporations," Roberts wrote. "We trust that AT&T will not take it personally."

Read the rest here.

Sensible strategies for open government and online hubs

from KnightComm:

The Aspen Institute Communications and Society Program and the John S. and James L. Knight Foundation released two policy papers that call on community and elected leaders to adopt sensible strategies to expand government transparency, make public records and civic data more open and accessible to the public, and create local online hubs that provide maps for a community’s information resources.

Government Transparency: Six Strategies for More Open and Participatory Government, by Jon Gant and Nicol Turner-Lee, urges state and local governments to adopt six strategies that are particularly important for accelerating the trend toward open government at the state and local levels. The strategies focus on enhancing government expertise and transparency, educating citizens regarding the availability and utility of government information and e-government tools, expanding efforts to support greater adoption of broadband Internet access services and devices, and forging public-private-citizen partnerships in order to enhance open government solutions. Adopting these strategies will enable state and local governments to tap into the expertise and innovative spirit of the public to create new “public goods” apps and community information resources and ultimately enhance government accountability.

Creating Local Online Hubs: Three Models for Action, by Adam Thierer, explores three scenarios under which community leaders and other stakeholders can work together to create local online hubs where citizens can access information about their governments and local communities. Government information, requiring real transparency of public information, should form the foundation for building local online hubs according to the three models proposed by Thierer.

Read the rest here.

Spy Games: Inside the convoluted plot to bring down WikiLeaks

from Wired:

In November, when a major U.S. bank wanted a strategy for taking down WikiLeaks, [CEO of HBGary Federal Aaron] Barr immediately drafted a presentation in which he suggested “cyber attacks against the infrastructure to get data on document submitters. This would kill the project . . .”

Faking documents seemed like a good idea, too, documents which could later be “called out” so as to make WikiLeaks look unreliable.

And Barr wanted to go further, pushing on people like civil liberties Salon.com columnist Glenn Greenwald — apparently hoping to threaten their livelihoods. “These are established professionals that have a liberal bent, but ultimately most of them if pushed will choose professional preservation over cause, such is the mentality of most business professionals,” he wrote. “Without the support of people like Glenn WikiLeaks would fold.”

Read the rest here.

Government contractors targeted Chamber of Commerce's critics

from the Los Angeles Times:

Reporting from Washington — Hoping to win a lucrative agreement with the U.S. Chamber of Commerce, three data security contractors for federal defense and intelligence agencies developed a proposal to monitor and manipulate the chamber's left-leaning critics, according to recently released e-mail correspondence.

Employees of the firms compiled short dossiers on a few activists that included photographs, references to their families and charts of their relationships with other liberal and labor leaders.

The proposals were received by Hunton & Williams, a law firm that represents the chamber.

[. . .]

The firm, which also represents Bank of America, solicited a separate proposal from the security firms to help the bank deal with a threat by WikiLeaks, the international hacker organization, to release some of the bank's internal data.

Read the rest here.

Firm targeting WikiLeaks cuts ties with HBGary - apologizes to reporter

from The Tech Herald: --

Dr. Alex Karp, the Co-Founder and CEO of Palantir Technologies, one of three data intelligence firms who worked to develop a systematic plan of attack against WikiLeaks and their supporters, has severed all ties with HBGary Federal and issued an apology to reporter Glenn Greenwald.

[...]

. . . The Tech Herald learned that Palantir Technologies, HBGary Federal, and Berico Technologies, worked together with law firm Hunton and Williams to develop a proposal for Bank of America in order to deal with the “WikiLeaks Threat.”

Hunton and Williams were recommended to Bank of America’s general counsel by the Department of Justice, according to the email chain viewed by The Tech Herald. The law firm was using the meeting to pitch Bank of America on retaining them for an internal investigation surrounding WikiLeaks.

[...]

Moreover, reporter Glenn Greenwald, who writes for Salon.com, was singled out in the proposal as a person offering a level of support to WikiLeaks that needed to be disrupted. This disruption would include making Greenwald, and others in similar situations, choose between professional preservation and cause.

Read the rest here.

Personal privacy and the right to know

from a New York Tmes editorial: --

For 45 years, the Freedom of Information of Act has invigorated American democracy by obliging the executive branch to make public a splendid range of documents. It serves the people’s right to know, while leaving out data whose disclosure could be harmful.

The law’s “exemption 7,” about facts gathered for law enforcement, omits records whose release could be “an unwarranted invasion of personal privacy.” Until now courts have unanimously agreed its purpose is to protect individuals. Last month, the Supreme Court heard arguments about a case in which the Court of Appeals for the Third Circuit, in Philadelphia, decided “personal privacy” includes the privacy of corporations.

Federal Communications Commission v. AT&T addresses whether AT&T can prevent the F.C.C. from releasing documents about the company’s overbilling of the government. If the justices supported that interpretation, they would wreak havoc on the Freedom of Information Act. Fortunately, there’s little risk of that.

Read the rest here.

Democrats call on House panel to narrow FOIA request

from FederalTimes.com --

House Democrats are calling on the chairman of the House Oversight and Government Reform Committee to pare back his request to dozens of agencies to divulge details of Freedom of Information Act requests from the last five years.

The committee's request "will encumber every agency with a work-stopping diversion" and have a chilling effect on the public's willingness to make use of FOIA, Rep. Peter Welch of Vermont wrote in a letter Tuesday to the committee chairman, Darrell Issa, R-Calif.

Last month, Issa asked dozens of agencies, ranging from the Justice Department to the Railroad Retirement Board, for their FOIA logs from the past five years, along with all communications with requesters and a rundown on how each request was handled.

Read the rest here.

FBI, DOJ and DEA stall release of records on bid to expand surveillance laws

from Electronic Frontier Foundation --

EFF filed a reply brief in its FOIA lawsuit seeking records from the FBI, DOJ and DEA that would justify the Administration’s need to expand federal surveillance laws like the Communications Assistance to Law Enforcement Act (CALEA). The proposed expansion would require communications providers like Skype, Facebook, Blackberry and Twitter to build wiretapping capabilities right into their systems, and although we know Congress intends to turn to this issue early this year, FBI, DEA and DOJ have argued they can’t give us all the documents we asked for until the summer of 2012. To force the government to turn over documents on a timeline that would actually allow them to influence the debate, we filed a motion for partial summary judgment, asking the court to order the agencies to produce documents within 10 days.

This lawsuit is based on two separate but related FOIA requests, one of which has now been pending with the FBI for almost two years. The earlier request seeks documents on the FBI’s “Going Dark Program,” a program intended to bolster the Bureau’s electronic communications intercept capabilities that could be strengthened by new legislation. The second request, now pending for four months, seeks materials related to a legislative expansion to CALEA, including evidence of any limitations of current surveillance technologies and records of communications between DOJ agencies and technology companies, trade organizations and Congress about potential legislation.

Read the rest here.

Tech world stunned at Egypt's Internet shutdown

from SFGate.com:

The Egyptian government's unprecedented shutdown of Internet and mobile phone access Friday stunned the world's technology community, which questioned whether the country can quickly recover from cutting such a vital link for commerce and communication.

The government's surprising move came in the face of widespread civil unrest, but essentially wiped the country off the world's online maps, said Jim Cowie, chief technology officer and co-founder of Renesys, a New Hampshire firm that monitors how the Internet is operating.

"It is astonishing because Egypt has so much potentially to lose in terms of credibility with the Internet community and the economic world," Cowie said. "It will set Egypt back for years in terms of its hopes of becoming a regional Internet power."

Read the rest here.

ACLU files FOIA request regarding VA Department of Transportation policies

from ACLU press release:

Winchester, VA - The ACLU of Virginia has filed a Freedom of Information Act Request with the Virginia Department of Transportation (VDOT) seeking information about policies and practices affecting the destruction of the possessions of homeless persons who use land under the agency's control.

The ACLU's request comes in the wake of a January 5 incident in which a company under contract with VDOT destroyed a homeless encampment along Interstate 81 at Exit 315 near Winchester. According to news reports at least four homeless men had been using the property for months when road maintenance crews demolished the encampment.

The homeless men were not present at the time, but apparently lost tents, sleeping bags, camping gear, clothes, canned food and medication. At least one man lost his wallet, including his Social Security Card and birth certificate. The men received no advance notice that their property would be destroyed.

According to court precedents homeless persons, even while located on right-of-ways or other state property, have constitutional rights regarding their possessions.

"Federal courts have consistently ruled that homeless persons have an expectation of privacy that includes the right to be notified before their property can be seized or destroyed," said ACLU of Virginia Executive Director Kent Willis. "They may be homeless, but they are still entitled to the same constitutional protections that apply to the rest of us."

Read the rest here.

Republican congressman proposes tracking FOIA requests

from The New York Times:

WASHINGTON — Representative Darrell Issa calls it a way to promote transparency: a request for the names of hundreds of thousands of ordinary citizens, business executives, journalists and others who have requested copies of federal government documents in recent years.

Mr. Issa, a California Republican and the new chairman of the House Committee on Oversight and Government Reform, says he wants to make sure agencies respond in a timely fashion to Freedom of Information Act requests . . .

But his extraordinary request worries some civil libertarians. It “just seems sort of creepy that one person in the government could track who is looking into what and what kinds of questions they are asking,” said David Cuillier, a University of Arizona journalism professor and chairman of the Freedom of Information Committee at the Society of Professional Journalists. “It is an easy way to target people who he might think are up to no good.”

Read more here.

DHS releases FOIA report, but questions remain

from Electronic Privacy Information Center:

The Department of Homeland Security has released the Freedom of Information Act Report for 2010. The report analyzes the processing of FOIA requests made throughout the year by each DHS component, detailing the disposition of each request, response times, and the number of backlogged requests.

DHS is under scrutiny for their policy of referring FOIA requests to political appointees before processing. The release of over 1,000 agency documents revealed a persistent agency practice of flagging FOIA requests from EPIC and other watchdog organizations for referral.

Read the rest here.

Knight FOI Fund case compels public records release in upstate NY

from NFOIC.org:

COLUMBIA, Mo. (January 27, 2011)—A New York judge, ruling in a case supported by a Knight FOI Fund grant, has ordered disclosure of records sought by a Web publisher and a community activist regarding a volunteer fire company.

But in the same 13-page ruling, Warren County (NY) Supreme Court Judge David B. Krogmann held that many of the meetings of the Chestertown Volunteer Fire Company are of a "social" or "private nature," and are not subject to the state's Open Meetings Law.

June Maxam, editor and publisher of The North Country Gazette, and Christine Hayes, a deputy zoning administrator and assistant assessor for the Town of Horicon, NY, who represented themselves in the lawsuit filed on September 15, indicated that they planned to appeal the ruling.

Noting that they had represented themselves and therefore had no attorney bills, Judge Krogmann also declined to award the two women reimbursement for their legal fees and expenses. As offset for the fee reimbursements Maxam and Hayes had sought, Krogmann ordered that copying charges for the records being sought be waived. Maxam disputes the judge’s finding that she and Hayes incurred no legal bills.

Open government advocates expressed dismay over portions of the ruling, although Maxam and Hayes will be getting the records that were at the heart of the legal case after Krogmann completes an in camera judicial review to allow redaction of exempt, personal or private information..

"If they choose to appeal as they say they will, I hope some member of the New York bar who believes in open government will step forward and aid these petitioners in their important legal battle," said Kenneth F. Bunting, executive director of the National Freedom of Information Coalition (NFOIC).

"I know that finding volunteer legal representation is especially difficult when a judge has already ruled against granting fees and expenses. But there is much more at stake here than just a community squabble," Bunting added.

"It seems that the court did not thoroughly consider the breadth of the decision rendered by the state's highest court more than 30 years ago," said Robert J. Freeman, executive director of the New York State Committee on Open Government, a division of the Secretary of State's office that issues advisory opinions on open government matters.

Referring to a 1980 state Court of Appeals ruling in a case called Westchester Rockland Newspapers Inc. v. Kimball, Freeman added: "Based on that [Westchester] decision, it has been our view that meetings of volunteer fire companies are subject to the requirements of the Open Meetings Law."

Read the rest here.

Corporate secrecy at issue in Supreme Court case

from OMB Watch:

In August 2004, SBC Communications admitted improperly charging for services under an FCC program to subsidize phone and Internet access for schools and libraries. (In 2005, SBC merged with AT&T.) SBC returned the money and paid an additional $500,000 to the government under the terms of a consent decree adopted in December 2004, in exchange for the FCC closing its investigation into the matter.

In April 2005, Comptel, a trade association whose members include AT&T competitors such as Sprint and Verizon, submitted a FOIA request for the FCC's investigation file. SBC opposed the request on the grounds that the records were exempt from release under FOIA's "personal privacy" provision. In August 2005, the FCC decided to release the records because "generally, businesses do not possess 'personal privacy' interests." SBC appealed the agency’s decision.

[...]

In November and December 2010, the government and AT&T filed their briefs in the case, along with Comptel and several amici curiae. "The court of appeals' decision is itself a singular outlier in an otherwise uniform body of more than 35 years of decisional law and commentary," the government argued in its brief. "A corporation itself can no more be embarrassed, harassed, or stigmatized than a stone."

Read the rest here.

SEC Inspector General reports of investigation

from Project on Government Oversight:

In recent years, investigations by the Securities and Exchange Commission (SEC) Office of Inspector General (OIG) have exposed a wide range of serious misconduct, including the agency's failure to crack down on the Madoff and Stanford Ponzi schemes, retaliation against whistleblowers, conflicts of interest, revolving door abuses, the failure to take action against Bear Stearns, insider trading by SEC employees, and much more. Unfortunately, most of these reports are nowhere to be found on the SEC or OIG's website.

POGO has obtained many of the OIG's recent investigative reports through the Freedom of Information Act (FOIA) and from other sources. We've made the reports searchable and are compiling them here as a resource to the public. Reports that have not been posted on the SEC or OIG's website are marked in red.

Read the rest here.

Horicon (NY) officials close door on open-government advocate's Town Hall visit

from PostStar.com:

The Horicon Town Board held what appeared to be an illegal meeting Wednesday to ban an event from Town Hall that was to feature the state's expert on the Freedom of Information and open meetings laws.

The "emergency" meeting was held by the board to rescind permission for local residents to host Robert Freeman, executive director of the state Committee on Open Government, for an open government discussion at Town Hall on Feb. 9.

The event has instead been moved to the Horicon fire station and will be held on the same date.

The controversy does not focus on Freeman, but rather on June Maxam, a Chester resident who helped organize the event. Maxam is publisher of the North Country Gazette, a website that is frequently critical of local government.

[...]

Freeman seemed taken aback Thursday at the developments, saying, "So what, who cares?" when told that Maxam's involvement was what prompted the Town Board to taken action.

Read the rest here.

NBC: U.S. can't link accused Army private to Assange

from msnbc.com:

U.S. military officials tell NBC News that investigators have been unable to make any direct connection between a jailed army private suspected with leaking secret documents and Julian Assange, founder of the whistleblowing website WikiLeaks.

The officials say that while investigators have determined that Manning had allegedly unlawfully downloaded tens of thousands of documents onto his own computer and passed them to an unauthorized person, there is apparently no evidence he passed the files directly to Assange, or had any direct contact with the controversial WikiLeaks figure.

[...]

Assange told msnbc TV last month that WikiLeaks was unsure Army PFC Bradley Manning is the source for the classified documents appearing on his site.

Read the rest here.

MnCOGI accepting nominations for 2011 John R. Finnegan FOI Award

from Minnesota Coalition on Government Information:

The Minnesota Coalition on Government Information is soliciting nominations for a person, group of people or organization that demonstrates a commitment to the power of information.

Past recipients include Colleen Coghlan, a college librarian outspoken on open access, the Urban Coalition, a Minneapolis organization that uses information to build a community, and Reed Anfinson, the publisher of a weekly Minnesota newspaper who keeps a constant vigil for open access in his hometown and across the nation. Information about past recipients can be found on the Finnegan FIO Award page.

MnCOGi presents the John R. Finnegan FOI Award each year. It´s named in honor of the former editor of the St. Paul Pioneer Press whose lifelong commitment to open government and the public´s right to know exemplifies MnCOGI´s mission.

Read the rest here.

"Right to know" fracking bill debated in Montana

from Montana Conservation Voters:

HELENA, Mont. - A debate on company secrets versus the public's right to know is set for today in the Montana Legislature. A hearing is being held on a proposal that would require oil and gas companies to provide a list of chemicals used in hydraulic fracturing ("fracking"), in the interest of protecting residents and first-responders at accidents near fracking projects.

Sharon Sweeney Fee, a Livingston nurse, is testifying.

"We want something available, not unlike what we have available on train cars now, so when anybody needs to know - because there has been accident - they can look and see what these people have been exposed to."

Read the rest here.

Oregon, Washington consider public records overhaul

from Oregon Public Broadcasting:

The Attorneys General of Oregon and Washington are asking state lawmakers to make public documents more accessible.

A pair of bills in Salem and a hearing Thursday in Olympia come in response to critics who say obtaining government records is too expensive and takes too long.

Oregon Attorney General John Kroger wants to create strict deadlines for public agencies to respond to records requests.

His proposal would also cap the amount that agencies can charge, and it would reduce the types of information that are exempt from public disclosure requirements.

Read the rest here.

Open-government initiative marks two-year milestone

from nextgov:

Two years ago Friday, on his first day in office, President Obama issued a memo aimed at making government operations more transparent. While open government advocates have largely panned the effort over what they call toothless policies, a regulatory compliance initiative announced Tuesday is giving some of those critics new hope the administration's transparency objectives eventually might be realized.

[...]

To gather additional perspective on the future of Obama's open government effort, Nextgov interviewed Don Tapscott, co-author of the new book Macrowikinomics (Portfolio, 2010), a sequel to the 2006 best-seller Wikinomics. Macrowikinomics examines the way networked communities are transforming the way governments operate.

Read the rest here.

High court hears argument in FOI corporate privacy case

from Reporters Committee for Freedom of the Press:

It was a lesson in vocabulary during oral arguments at the U.S. Supreme Court held Wednesday morning, as the high court wrestled over the meaning of the word "personal." The case, FCC v. AT&T, concerned a federal Freedom of Information Act request for documents regarding a Federal Communications Commission investigation into AT&T's participation in a federal telecommunications build-out program. AT&T self-reported that it may have overcharged the government for its services.

The question before the Supreme Court on Wednesday was whether Exemption 7(c) of the FOIA recognizes and protects the "personal privacy" of corporate entities in the same manner as it does for individuals. Exemption 7(c) states "records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information . . . could reasonably be expected to constitute an unwarranted invasion of personal privacy."

Read the rest here.

See more analysis here.

US officials privately say WikiLeaks damage limited

from Reuters:

WASHINGTON, Jan 18 (Reuters) - Internal U.S. government reviews have determined that a mass leak of diplomatic cables caused only limited damage to U.S. interests abroad, despite the Obama administration's public statements to the contrary.

A congressional official briefed on the reviews said the administration felt compelled to say publicly that the revelations had seriously damaged American interests in order to bolster legal efforts to shut down the WikiLeaks website and bring charges against the leakers.

"I think they just want to present the toughest front they can muster," the official said.

But State Department officials have privately told Congress they expect overall damage to U.S. foreign policy to be containable, said the official....

"We were told (the impact of WikiLeaks revelations) was embarrassing but not damaging," said the official....

Read the rest here.

Court rules government can continue to suppress detainee statements describing torture and abuse

from the ACLU:

WASHINGTON – A federal appeals court ruled that the government can continue suppressing transcripts in which former CIA prisoners now held at Guantánamo Bay describe abuse and torture they suffered in CIA custody. The ruling came in an ACLU Freedom of Information Act (FOIA) lawsuit to obtain uncensored transcripts from Combatant Status Review Tribunals (CSRTs) used to determine if Guantánamo detainees qualify as "enemy combatants."

“The American people have a right to know what the government has done in their name, and these transcripts, which include the direct testimony of the victims themselves, are essential to a full understanding of the Bush administration’s torture program,” said Ben Wizner, Litigation Director of the ACLU National Security Project, who argued the appeal for the ACLU. “The court’s decision undermines the Freedom of Information Act and condones a cover-up. These transcripts are being suppressed not to protect national security, but to shield former government officials from accountability.”

The ACLU lawsuit sought transcripts of statements made by Guantánamo prisoners concerning the abuse they allegedly suffered while in U.S. custody. While the CIA released heavily-redacted versions of the documents in June 2009, it continues to suppress major portions of the documents, including detainees' allegations of torture.

Read the rest here.

NFOIC executive director delivers keynote address at Washington State Open Government Conference

from the Seattle PostGlobe:

Passionate about the need for citizens and reporters to freely get information from government agencies, former P-I associate publisher Ken Bunting is back to town to give a keynote speech at the Washington State Open Government Conference on Saturday. There, you can learn your rights to open government and you can get practical tips to exercise your rights at all levels -- federal, state and local governments.

So we caught up with Bunting, now executive director of the National Freedom of Information Coalition, to get his thoughts on just how lousy things have become -- or not.

It's certainly a tough time to get government information in some quarters: The White House has been under the gun on science integrity and openness, and some reporters complain time and time and time again of incidences of being denied information.

Read the rest here.

New York Congressman asks Treasury to blacklist Wikileaks' Assange

from Datamation:

A prominent House lawmaker is ratcheting up pressure on the Obama administration to take action against Wikileaks and its founder, Julian Assange.

In a letter delivered this week, Rep. Pete King (R-N.Y.), chairman of the Committee on Homeland Security, asked Treasury Secretary Timothy Geithner to add Assange to the department's Specially Designated National and Blocked Persons List, or SDN List, a move that would prohibit U.S. businesses and individuals from doing business with the whistleblower site or anyone associated with it.

The SDN List is a registry maintained by Treasury's Office of Foreign Asset Control that seeks to impose sanctions against individuals and companies associated with targeted foreign countries, or independent entities that have been identified as criminal operations, such as terrorists or drug traffickers.

King and other lawmakers have warned that Wikileaks' publication of a cache of secret State Department documents, many relating to confidential conversations between diplomats and local informants, puts the lives of U.S. operatives and their sources in danger.

Read the rest here.

Read about Geithner's response here.

National Freedom of Information Act Hall of Fame

from the First Amendment Center:

The right to know about the actions of government is now an important part of America’s democratic heritage.

The legal basis of this right was established on July 4, 1966, when President Johnson signed the Freedom of Information Act. In 1974, FOIA was strengthened with the passage of key amendments. A new measure, which would apply FOIA principles to electronic records, has been passed by House and Senate committees in the 104th Congress.

Journalists have used the act for more than three decades to generate thousands of news stories, including some of the most important exposés of our time. Using FOIA, journalists have held government accountable, exposed crime, and helped shape American public policy in major ways.

Many people inside the government, legislators as well as enlightened federal administrators, contributed to FOIA’s creation and implementation. Others, including presidents and some in Congress, have unsuccessfully sought to weaken FOIA. In part, it has been the vigilance of news organizations and journalists, supported by enlightened federal leaders, that has preserved the act.

Read the rest here.

Sunlight Weekly Round-Up: Gov 2.0 for better governing

from The Sunlight Foundation:

... Gov 2.0 guru Tim O'Reilly encourages us to look at it as “government as a platform." In fact, in his "What does Government 2.0 mean to you?" he gives citizens the opportunity to literally define it in their terms and be comfortable with how they see it working for them. This is why the latest blogosphere excitement about upcoming Gov 2.0 activities in various states make me want to share it with you.

If the enthusiasm with which this year's conferences have been organized is anything to go by, then we can conclude by saying that the concept has succeeded in grabbing the attention it deserves, reaffirming O'Reilly's words that government can become a platform of, for and by the people.

Read the rest here.

Register now for National FOI Day conference

from the First Amendment Center:

WASHINGTON — The 13th annual National Freedom of Information Day Conference will be held Wednesday, March 16, at the Knight Conference Center at the Newseum, 555 Pennsylvania Ave., N.W.

Hosted each year by the First Amendment Center, the conference brings together open records advocates, government officials, judges, lawyers, librarians, journalists, educators and others to discuss timely issues related to transparency in government and public access to official records.

The program is conducted in partnership with the American Library Association, the Reporters Committee for Freedom of the Press, OMB Watch, OpenTheGovernment.org, and the National Security Archive at George Washington University; and in cooperation with the annual Sunshine Week initiative sponsored by the American Society of News Editors.

Read the rest here.

Judge says government need not disclose air traveler security images

from SecurityInfoWatch.com:

A federal judge in Washington has ruled the Department of Homeland Security can keep from public view 2,000 "whole-body" images of air travelers screened at checkpoints.

The decision is a setback for the Electronic Privacy Information Center, which had sued the government for release of material to determine how the technology would impact privacy and civil liberty concerns.

But Judge Ricardo Urbina, in a 15-page opinion issued Wednesday, said the Homeland Security Department has no obligation under the Freedom of Information Act to disclose the images or related training materials.

Read the rest here.

Richmond police drop demand for documents

from The Washington Post:

The Richmond Police Department is dropping its demand for the return of dozens of internal documents it provided to a group called Richmond Copwatch, a week after filing suit in Richmond Circuit Court seeking an emergency protective order.

The 600 pages of documents were supplied last month, at a cost of $89.25, after a Freedom of Information Act request by an anarchist who uses the name "Mo Karn," short for "Mo Karnage."

Richmond police turned over materials such as their Emergency Operations Plan, the Homeland Security Criminal Intelligence Unit Operating Manual and the Mobile Command Center Operating Manual.

Karn then put them online.

Read the rest here.

NY union to appeal release of teacher rankings

from All Headline News:

Teachers in New York plan to appeal a court decision allowing the state education department to release their names and rankings, citing privacy and flawed data.

The United Federation of Teachers will seek a review of the ruling of State Supreme Court Judge Cynthia Kern on the release of performance reports of 12,000 teachers.

Kern issued her decision on Monday, saying, "It was not arbitrary and capricious for the DOE to find that the privacy interest at issue is outweighed by the public's interest in disclosure."

Read the rest here.

Michigan court ruling on privacy may hurt public's right to know

opinion from the Detroit Free Press:

In one of the last acts of its short-lived Democratic majority, the Michigan Supreme Court did some potential damage to the public's right to know, in a ruling about the privacy of what public employees do on public time with publicly provided communications systems.

The court ought to reconsider this decision before somebody tries to hide behind it to thwart the Michigan Freedom of Information Act, a law that's intended to make sure the public can know how public business is being conducted and whether public office is being abused.

The Supreme Court voted 4-3 on Dec. 29 -- with Democrats, including one lame duck, forming the majority -- not to review a Court of Appeals decision denying public access to e-mails that Howell Public Schools employees sent on the district's computer system.

Read the rest here.

Richmond police want anarchists to turn over manuals

from Style Weekly:

The Richmond Police Department and the City of Richmond have filed suit against a woman who represents a local anarchist collective called Wingnut, asking her to return police policy manuals that the department released to her group.

In the complaint, the Richmond Police Department puts the blame on program manager Angela Harrison, saying she “exceeded the authority granted to her” in responding to a Freedom of Information Act request from the anarchist group.

The department says in the suit that it shouldn’t have disclosed the police manuals, which cover emergency policies on crowd management, operation of the mobile command center and a host of other police tactics and policies -- including policies on mounted units and Segway-riding officers.

Read the rest here.

A&M revisits ruling after outcry

from Chron.com:

Texas A&M University officials will take a second look at a controversial decision widely seen as an attempt to prevent student journalists at Tarleton State University from investigating their own school's public records.

Andrew Strong, A&M's general counsel, said Wednesday he wasn't aware of all of the facts when he crafted a letter that extended existing rules, which ban employees from abusing the Public Information Act, to include journalism students working on optional class assignments. Tarleton is part of the A&M University System.

[...]

The A&M rule, in effect since the mid-1990s, prohibits system employees from making public information requests of their employer. The rule was drafted after an employee used the law to make frivolous information requests, leaving A&M with the tab for the required research and compliance.

The regulation went unused until the fall semester.

Several Tarleton journalism students were part of The Light of Day project, a statewide initiative sponsored by the Freedom of Information Foundation of Texas to teach them how to use open records requests to develop investigative articles.

The goal of the project, said FOI Foundation executive director Keith Elkins, was to gather public information, share it and report on it.

Read the rest here.

2010 Gov 2.0 Year in Review

from O'Reilly Radar:

While the progress of the White House Open Government Directive at federal agencies is important, as is action in Congress, there's a long road yet ahead in the United States and abroad. As John Wonderlich pointed out in his own look at 2010:

Obama’s Open Government Directive is at a crossroads (like other similar policies), and the changing majority in the House brings new opportunities for change (a 72 Hour Rule!), just as the outgoing majority brought their own new opportunities for transparency.

We're still very much in open government's beta period. Some efforts, like the State Department's Text Haiti program for the Red Cross or the "do-it-ourselves" platforms from groups like CrisisCommons, made a difference. Other efforts, partially represented by many open government plans in the throes of implementation, won't mature for months to come.

Read the rest here.

Setting government data free with ScraperWiki

from programmable web:

Civic minded hackers from all over the world recently organized themselves for action as a part of the International Open Government Hackathon. The team from Portland, Oregon decided to make use of a platform called ScraperWiki that can grab data from government websites and turn into more consumable formats via the ScraperWiki API....

The ScraperWiki work highlights a problem for governments that want to make data available to the public. Some data is currently available in obscure formats or is locked in HTML pages that cannot easily be consumed by web applications.

“ScraperWiki is a great way to demonstrate to governments that programmers will put in work to clean up messy data, in whatever format it is released. the more imporant issue is authorizing the release of the datasets, not worrying about what format they are released in,” said event organizer Max Ogden.

Read the rest here.

"Don't spy on us, FBI" say Minnesota activists

from Twin Cities Daily Planet:

By Bill Sorem, The Uptake -- It was a declassified FBI document that Lucia Wilkes Smith held up before a crowd of Minneapolis peace activists. It was declassified in name only because nearly every word on the dozen or so pages had been blacked out for national security reasons.

"The first letter I got from the FBI said 'we don't have anything on you', said Wilkes Smith a well-spoken gray-haired woman. She had made a Freedom of Information Act (FOIA) request of the FBI. The American Civil Liberties Union and others had urged her to file the request because the FBI had been spying on anti-war groups in Minnesota prior to and during the 2008 Republican National Convention in St. Paul.

"And then another letter came that said 'well we got a few pages, but they're classified'. And then eventually they declassified this and sent it to me." She held up the dozen or so pages with nearly every word blacked out.

Read the rest here.

National Archives debuts online search

from The Hill:

The National Archives and Records Administration is letting the public preview a new search tool that digs through the government's huge archive of public records.

Users visiting a prototype of the new site can search for everything from a child's letter to the president to the iconic image of WWII's Rosie the Riveter among more than 10.9 million permanent electronic records.

Read the rest here.

Obscenity letters sent after city stymied on sign

from the Times-News MagicValley.com:

(Twin Falls) -- Correspondence between city officials that was obtained by the Times-News shows there was no public record of complaints about adult stores Karnation and Enchantress, despite Twin Falls Police saying complaints spurred investigations into the sale of obscene materials.

The letters threatened action “up to and including arrest” if the stores did not comply with state law regarding the sale of obscene material, but didn’t specify which of the stores’ wares were obscene.

Instead, a cache of e-mails from city officials reveal a focus on the “Adult XXX” sign formerly on the front of Allen Nagel’s Smokin’ Head Smoke Shop and a variety of efforts to have it removed.

[...]

“This is not just going to be us against Allen Nagel, but could turn out to be us against the Porn industry,” [Officer Luke] Allen wrote on Nov. 19, adding that he wanted to see how other Idaho cities handle adult stores. “I think we need to not go in half cocked on this one or we may get bit in the ass.”

Read the rest here.

White House science memo seen as a step forward

from OMB Watch

The White House took another step toward securing the independence of federal scientists and ensuring the integrity of scientific information used in government decision making. President Obama's top science advisor, John Holdren, issued a memo to executive branch agencies outlining the administration's position on key scientific integrity issues and instructing agencies to implement reforms.

"The memo is a sign of relief for federal scientists who are unsure of their rights and whose work is too susceptible to manipulation," said Gary D. Bass, Executive Director of OMB Watch.

The memo touts the importance of science in policy development and the need to maintain accuracy and integrity in government science. It plainly addresses the potentially corrosive role politics can play: "[P]olitical officials should not suppress or alter scientific or technological findings," the memo says.

The memo, issued by Holdren in his position as Director of the White House Office of Science and Technology Policy (OSTP), requires agencies to report to OSTP within 120 days on the actions they have taken in support of the memo's goals. The memo specifically identifies three issues in need of agency attention: federal scientists' right to communicate their work to the media and the public; scientific and technical advice developed and presented by federal advisory committees; and professional development of federal scientists and engineers.

"Articulating a vision for scientific integrity is essential, but the devil will be in the details, some of which are lacking in this memo," Bass said. "Agencies need to act aggressively, and transparently, to advance a robust scientific integrity agenda."

Read the rest here.

N.M. launches prototype of open government website

from Reporters Committee for Freedom of the Press:

New Mexico went live Dec. 16 with a prototype of its planned online open government resource called the Sunshine Portal. The website, which is scheduled to go fully live on July 1, 2011, opens to journalists and citizens information that otherwise might take weeks or months to gain access to through information requests.

The site contains information related to the state's revenue, expenditures, investments, budget and employee salaries. The information contained on the site is provided by 11 state offices including the governor's office, the Department of Finance and Administration, the Department of Tax and Revenue and the State Personnel Office.

The information on the Sunshine Portal is organized into a spreadsheet and the site appears easy to navigate. Because it's a prototype, the site warns that the information currently available isn't necessarily accurate or up-to-date. New Mexico is soliciting comments on the site's functionality and will continue to do so as it is edited during the next seven months.

Sarah Welsh, executive director of the New Mexico Foundation for Open Government said she was "really impressed" with the site when she saw it. "The bill [that mandated the site's creation] was a framework and they really did a good job of making it user-friendly."

Read the rest here.

Whence the information age?

from The New York Review of Books:

By the way, how do we know people have been talking about the Information Age for fifty years? The OED tells us. The first recorded usage is attributed to “R. S. Leghorn in H. B. Maynard Top Managem. Handbk. xlvii. 1024,” 1960. He turns out to have been Richard Leghorn, founder of Itek Corporation, which made aerospace spy cameras, and later Chief of Intelligence and Reconnaissance Systems Development at the Pentagon. In a single sentence Leghorn invented the phrase and predicted it would not catch on:

Present and anticipated spectacular informational achievements will usher in public recognition of the “information age,” probably under a more symbolic title.

No better title has come along. Along with information age, the OED now recognizes information storage, information transfer, information processing, information retrieval, information architecture, information superhighway, plus (the bad news) information explosion, gap, warfare, overload, and fatigue.

Read the rest here.

Journalists guiltless after latest WikiLeaks releases, MU experts say

from the Missouri School of Journalism:

Columbia, Mo. (Dec. 2, 2010) -- With its major release of classified U.S. government information, the WikiLeaks organization has forced its way into international news again. Now that the secret diplomatic data have hit newspapers, broadcast media and Internet wires, University of Missouri free speech experts say that the journalists who have disseminated the information have not crossed legal or ethical boundaries.

Christina Wells, the Enoch H. Crowder Professor of Law at the MU School of Law, and a free speech law expert, says that while the government would probably have a legal case against the source of the information leaks, legal precedent for disseminating the information is on the side of journalists.

"The bar that the Pentagon Papers case set for press injunction is so high that it would be extremely difficult for the government to meet it," Wells said. "There also is very little basis for criminally prosecuting publishers of such information. Journalism publishing has evolved so much with the Internet that it would be impossible to stop the spread of information, even if the government legally could."

Charles Davis, an associate professor of journalism studies at the Missouri School of Journalism and freedom of information expert, believes that while previous WikiLeaks disclosures were handled poorly, the organization made a positive effort to work through the proper professional channels in this instance.

Read the rest here.

A&M limits faculty's open-records assignments

from statesman.com:

Faculty members and open-records advocates are criticizing a Texas A&M University System policy that bars professors from directing students to submit public information requests to A&M campuses and agencies.

Journalism teachers sometimes instruct students to file such requests under the Texas Public Information Act to gain experience using an important tool for reporters.

[....]

"It looks like something that would be in The Onion," Wanda Garner Cash, a clinical professor of journalism at the University of Texas, said , referring to the publication that employs satire and fiction for its take on the news.

[...]

Kenneth Bunting, executive director of the National Freedom of Information Coalition, based at the University of Missouri School of Journalism, said, "I don't know whether we should give the university's attorney kudos for his insanely inventive nuance, or a swift kick in the rear for pushing the administration into an indefensible stance from which they must surely back down."

Read the rest here.

EFF compares documents from similar FOIA requests

from the Electronic Frontier Foundation:

EFF recently received documents in response to one of our Freedom of Information Act (FOIA) requests that demonstrate a disturbing trend: the FBI's arbitrary application of FOIA exemptions to hide, or in some instances, reveal, its unlawful activities.

Through a careful comparison of thousands of pages of documents we received from this FOIA request with the same documents we received from an earlier FOIA request, we found that redactions in many of these duplicated documents were strikingly different. In several cases, the FBI redacted more information in later-produced documents than it did in earlier-produced documents. In other cases, the FBI redacted differing amounts of information when it produced two copies of the same report in response to the same FOIA request.

Sometimes the agency blocked out whole paragraphs, while at other times it blocked out only the key words that explain the details of its acts. What is interesting is that the FBI claimed the same FOIA exemptions in each version; it just applied them differently.

Read the rest here.

Loopholes already being sought for earmark ban

from the Sunlight Foundation Blog:

Some House Republicans are already looking for a way around the ban on earmarks imposed on the next Congress. These members are rapidly trying to come up with a new definition for earmarks, or directed spending, to skirt the ban.

Politico reports, “[S]ome Republicans are discussing exemptions to the earmark ban, allowing transportation, U.S. Army Corps of Engineers and water projects. While transportation earmarks are probably the most notorious — think “Bridge to Nowhere” — there is talk about tweaking the very definition of “earmark.”

[....]

If Congress is at all serious about reforming earmarks they need to do something about the transparency of earmarks. This is especially true if they aren’t as serious as they say they are about a ban.

Read the rest here.

Court allows broadcast in Calif. same-sex marriage appeal

from Reporters Committee for Freedom of the Press:

The U.S. Court of Appeals in San Francisco (9th Cir.) allowed the live broadcast Monday of more than two hours of oral arguments in Perry v. Schwarzenegger, a case challenging the constitutionality of California’s ban on same-sex marriages.

The hearing before the three-judge panel is the latest legal step in the case brought by two same-sex couples to challenge California’s Proposition 8, an amendment to the state constitution enacted by voters in 2008.

In August, a federal court in San Francisco ruled that Proposition 8 violated the federal constitution. That ruling, by Judge Vaughn Walker, came after a trial that, by order of the U.S. Supreme Court, could not be broadcast to the public.

In a 5-4 decision, the Supreme Court rebuffed Walker’s plan to broadcast the trial, ruling that the broadcasting would conflict with court policy and procedural rules. The Supreme Court also noted the possible chilling effect on witnesses.

The Ninth Circuit’s decision to broadcast Monday's hearing did not raise the same issues.

Read the rest here.

Whither transparency in the next Congress?

from OMB Watch:

When the 112th Congress convenes in January, attention will be focused on the newly Republican-controlled House. On transparency issues, House Republican leaders have sounded positive tones. However, it remains to be seen whether bipartisan consensus on meaningful transparency can be achieved or whether transparency will be wielded as a partisan weapon.

Undoubtedly, divided party control of Congress will mean a more adversarial relationship between Congress and the White House and between the House and the Senate. What remains unclear, however, is whether Republicans will support the administration's many positive efforts to improve transparency while criticizing the instances where it has fallen short or dragged its feet. The House could also fall prey to the political theater that often occurs when parties in divided government compete for the public spotlight.

Read the rest here.

Coding the middleware for government data

from O'Reilly radar:

Cities, states and agencies are publishing more government data online, but that's just the tip of the iceberg. Much government data is still in paper form, locked away in file cabinets, or in closed formats on obscure servers. ... The Department of Labor is just now starting to put that data online. That's why reporting on the progress of open government data initiatives is a key pillar of Gov 2.0. For those who have been working toward more transparent government, that issue is central to their work.

[...]

Under the Open Government Directive, a PDF qualifies as an open format. BrightScope uses government data, but it's not "open" in the sense that technologists use the term, nor did BrightScope's business result from the open government initiative. Put in the context of Tim Berners-Lee's definition for open linked data or the principles at OpenGovData.org, PDFs on CD might not merit even one star, although BrightScope has been able to move forward with their business in the meantime.

Read the rest here.

CREW: DOJ is a roadblock to open government

from CREW:

Citizens for Responsibility and Ethics in Washington (CREW) sent a letter to Attorney General Eric Holder expressing concern over the Department of Justice's (DOJ) failure to abide by President Obama's commitment to government transparency and accountability.

Despite policy directives from President Barack Obama and Attorney General Holder mandating a presumption of openness in administering the Freedom of Information Act (FOIA), DOJ continues to operate - as it did during the Bush administration -- under a presumption of secrecy, deliberately withholding information about what DOJ is up to and why.

Read more here.

Unplug WikiLeaks? Enact a federal shield law instead

from The Huffington Post:

The Obama administration has made no secret of its desire to unplug WikiLeaks, the whistleblower website infamous for data dumps of classified records. Of the few options available to the government, the best is one that probably hasn't been considered in this context: enacting a federal shield law.

How would a shield law -- a version of which has passed the House and awaits a vote by the full Senate -- put WikiLeaks out of business? The answer is that it would remove the need that WikiLeaks fills. If that were to happen, WikiLeaks would receive few, if any, sensitive documents leaked by sources inside US government agencies.

The purpose of a shield law is to enable journalists to protect the identity of their confidential sources -- which, under current law, they can't do. Although journalists, in dealings with a source, can promise confidentiality up to a point -- the point being when a federal judge orders a journalist to identify her source or go to jail -- the risk of disclosure deters sources in many cases.

Read more here.

(Massachusetts) State tells man he may be jailed for releasing data

from boston.com:

Governor Deval Patrick’s administration told a local website operator he could face jail time for publishing information that the state provided under an open-records request.

It is unclear whether officials would or could follow through with the threat to Michael Morisy, cofounder of MuckRock (muckrock.com), a website devoted to open records. But the unusual letter, also published on the website, has forced him to consult with an attorney.

The data, which Morisy had not removed from his website by last night, show how much money in food stamps has been spent at businesses around the state over the past five years under the federal Supplemental Nutrition Assistance Program. The state said the information was released erroneously and in violation of federal law.

Read the rest here.

CIA faces second probe over videotape destruction

from msnbc.com:

The legal inquiries into the CIA’s destruction of videotapes showing the brutal interrogation of terror suspects may not be over after all.

A day after the Justice Department announced that a special counsel had concluded his investigation into the matter without bringing criminal charges, officials of the National Archives and Records Administration signaled Wednesday that they plan to reopen their own long delayed probe into whether the agency’s actions constituted an improper destruction of federal records.

“We’re not going to let this drop,” Susan Cooper, a spokeswoman for the National Archives told NBC.

Read the rest here.

'[We] Can Neither Confirm Nor Deny the Existence or Nonexistence of Records Responsive to Your Request': Reforming the Glomar Response Under FOIA

from New York University Law Review:

Under normal Freedom of Information Act procedures, an individual submits a request for records to a government agency and receives one of three responses: The agency may identify responsive records and release them, determine that there are no responsive records and inform the requestor of this fact, or identify responsive records but determine that they are exempt from disclosure under one of FOIA’s nine statutory exemptions. Since the 1970s, however, a fourth type of response has arisen: Agencies sometimes refuse to confirm or deny whether responsive records do or do not exist on the grounds that acknowledging their very existence itself would reveal secret information.

This withholding mechanism, known as the Glomar response, creates special problems for FOIA requestors and receives remarkable deference from federal courts. This Note assesses the justifications for such deference, which are often rooted in separation of powers concerns. Arguing that the level of deference afforded is excessive, this Note posits that both separation of powers and institutional conflict of interest considerations support greater judicial scrutiny of agency invocations of the Glomar response. This Note concludes by offering proposals for judicial, legislative, and administrative reform of the Glomar response.

Read the entire Note from the NYU Law Review here (PDF / 136 KB).

Open government advocates welcome new limits on information markings

from NFOIC.org and OpenTheGovernment.org:

(Washington, DC, November 4, 2010 )—Organizations working on government openness and accountability welcome the release of the Executive Order on Controlled Unclassified Information (CUI) (PDF/16 KB). The Order rescinds the Bush Administration CUI memorandum, which was intended to create "a tiered system of designations and establish a framework for designating, marking, safeguarding, and disseminating designated information." Instead, the Order simply standardizes and limits the use of control markings on unclassified information.

Patrice McDermott, Director of the OpenTheGovernment.org coalition, said "The Bush policy and earlier drafts could have created a fourth level of classification. Instead, this Order is a victory for openness, for both our community and the Administration. We applaud the Administration for the time, effort, and thoughtful consideration of input from inside and outside government it took to make this the outcome."

Read the rest here.

Cavanagh named NEFAC executive director

PROVIDENCE, R.I. - Rosanna Cavanagh, who holds law and business degrees from Cornell University, has been named executive director of the New England First Amendment Coalition (NEFAC), a regional organization devoted to furthering freedom of information and government transparency.

Her appointment was announced today by Thomas Heslin, executive editor of the Providence (R.I.) Journal and president of NEFAC, a non-profit whose leadership includes journalists, educators and First Amendment lawyers from the six New England states. NEFAC works in partnership with the First Amendment Center at Northeastern University in Boston.

"We are excited to move NEFAC forward as an organization and the timing could not be better for us to take this step," Heslin said.

"As Franklin D. Roosevelt said, 'In the truest sense, freedom cannot be bestowed; it must be achieved.' "

Cavanagh brings to the NEFAC position experience at the corporate law firm of Ropes & Gray in Boston, and past experience as board member, treasurer and co-chair of the fundraising committee for Everybody Wins Metro Boston.

NEFAC is a member of the National Freedom of Information Coalition (NFOIC).

Visit NEFAC for more of the story.

Springfield (Mo.) school board says finance committee not official

from the Springfield News-Leader:

Following questions about why the Springfield school board finance committee wasn't complying with the Sunshine Law, the board now contends it wasn't an official standing committee.

The board argues that even though the committee has met regularly -- often at least monthly -- for at least eight years and various board members have served on it, it was merely an advisory group.

"That's a technicality," said Jean Maneke, a lawyer with the Missouri Press Association. "It doesn't make any sense if they're not part of the board."

Read more here.

Oregon's Public Employee Retirement System will go to court to try to keep pension benefit records secret

from Oregonlive.com:

Oregon's Public Employee Retirement System is going to court to try to overturn a decision by the state's top lawyer and keep the names and pension benefits of its best-paid retirees a secret.

The case spotlights a potential showdown between Attorney General John Kroger, who is pushing for more government transparency, and state agencies, which observers say had greater discretion to withhold information under Kroger's predecessor, Hardy Myers.

Earlier this month, Kroger released a report identifying shortfalls in Oregon's public records laws and agencies' compliance with them. Tony Green, a spokesman for Kroger, said the Department of Justice is preparing legislation "that will significantly overhaul the public records law to encourage greater transparency and greater public access to their government."

Read more here.

NFOIC, partners, urge Congress not to limit access to critical NTSB info

from NFOIC and OpenTheGovernment.org:

Dear Chairmen and Ranking Members,

On behalf of the undersigned organizations concerned with government openness and accountability, we are writing to urge you to not include in the final version of the National Transportation Safety Board Reauthorization (NTSB) Act of 2010 (HR 4714, S 2768) two provisions in Section 3(d) of the Senate- passed version of the bill, S. 2768, that unduly limit the public’s ability to access critical information.

The Senate-passed bill would needlessly expand categories of information that may be withheld under exemption b(3) of the Freedom of Information Act (FOIA) for records related to ongoing Board investigations. There is no reason to offer the NTSB greater protection beyond the existing FOIA exemptions that provide protection for ongoing investigations, and represent a proper balancing of interests. Indeed, given the critical safety issues the NTSB investigates, the public’s interest should be paramount. We understand that NTSB has expressed concerns that fulfilling public requests for information takes time and resources. Expanding categories of information withhold-able under our oldest public disclosure law is not, however, an appropriate way to handle resource issues, and is not in the spirit of the law. House-passed version of the bill, HR 4714, contains no such expansion.

Read more here.

Delaware Public Service Commission proposes new rules for info requests

from delawareonline:

Anyone seeking documents from the Delaware Public Service Commission should prepare to ask for them the old-fashioned way -- and pay for them.

David L. Bonar, the PSC ombudsman, said the changes are needed because people have dashed off information requests through e-mail, resulting in a large use of staff time. The proposal would require people to put in some thought and consideration, rather than "in a moment of anger, sending us requests for volumes of information," Bonar said.

Read more here.

Oregon attorney general suggests government transparency reforms

from the Portland Business Journal:

Oregon Attorney General John Kroger on Thursday released a Government Transparency Report that highlights problems with the state's public records and public meetings laws and offers remedies.

The 16-page report is based on hundreds of comments collected in six public meetings across Oregon.

Read more from the Business Journal here, and view the full report available from the NFOIC site.

Washington state high court rules metadata are public records

from The Reporters Committee for Freedom of the Press:

The Washington Supreme Court upheld Thursday an appellate court’s ruling that metadata -- information related to the history, tracking or management of an electronic document -- is a public record subject to disclosure under the state Public Records Act.
The ruling involved a 2006 case in which Shoreline, Wash., resident Beth O’Neill sued under the Public Records Act to obtain metadata detailing the senders and recipients of a string of e-mails sent to Shoreline Deputy Mayor Maggie Fimia that accused the city council of being “dysfunctional.”

[...]

In writing for the majority, Justice Susan Owens stated: "Metadata may contain information that relates to the conduct of government and is important for the public to know. It could conceivably include information about whether a document was altered, what time a document was created, or who sent a document to whom."

Read more here.

Public information indictments thrown out

from Freedom of Information Foundation of Texas:

A state district judge threw out the indictment against Texas State Jail Standards Commission Executive Director Adan Munoz, saying wording in the criminal charge for allegedly releasing confidential information was “too vague.” It is unclear what action, if any, local prosecutors might take in moving forward for a possible new indictment or public apology. Munoz had been accused of improperly releasing information to two Corpus Christi reporters in response to a Texas Public Information Act request.

Read more here.

NFOIC awards Knight FOI Fund litigation grant in New York public records suit

from NFOIC.org:

COLUMBIA, Mo. (September 28, 2010)—A news website publisher in upstate New York and a citizen open government activist have been awarded a litigation grant from the Knight FOI Fund to press a legal action against a volunteer fire company.

According to a complaint filed in the Warren County (NY) Supreme Court, the Chestertown Volunteer Fire Company continues to insist it is not subject to New York state’s Freedom of Information Law (FOIL) and Open Meetings Law (OML), despite repeated requests for records and meeting access by the plaintiffs in the case, and an advisory opinion issued in June by the state’s Freedom of Information Committee.

The $2,000 litigation grant was announced by the National Freedom of Information Coalition (NFOIC), which administers the Fund that was created by the John S. and James L. Knight Foundation. The grant was the first awarded for a New York case since the Fund was established in January.

Read more here.

SEC secrecy repeal sent to Obama

from Project On Government Oversight:

The House voted Sept. 23 to repeal Section 929I of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which had provided the Securities and Exchange Commission (SEC) with sweeping new powers to hide its records from public scrutiny. The House’s passage of S. 3717 comes just one day after the Senate voted unanimously to strike the troubling secrecy measure, and is the first legislative correction to the new financial regulatory overhaul law.

[...]

Section 929I would have given the SEC the blanket authority to block the release of records in response to Freedom of Information Act (FOIA) requests, and to withhold records in response to subpoenas filed by third-party civil litigants, even if such records were needed to expose corruption or incompetence at the agency. S. 3717 repeals these overly broad and unnecessary secrecy measures, and clarifies that an existing FOIA exemption, Exemption 8, will protect against the release of confidential information contained in the records of any entity that falls under the SEC’s regulatory authority.

Read more here.

NFOIC, partners, urge House to pass Access to Congressionally Mandated Reports Act

from NFOIC.org:

On behalf of the undersigned organizations concerned with government accountability and transparency, we are writing in support of H.R. 6026, the Access to Congressionally Mandated Reports Act. H.R. 6026 was introduced by a member of the Information Policy, Census and National Archives Subcommittee, Representative Driehaus (D-OH), and is cosponsored by the Chair of the Information Policy, Census and National Archives Subcommittee, Representative Clay (D-MO) and the Committee Chair, Representative Towns (D-NY).

H.R. 6026 requires that any report required by statute to be issued to Congress and releasable under the Freedom of Information Act (FOIA) be posted on a website managed by the Office of Management and Budget (OMB). The reports would be available no later than 30 days after their transmission to Congress, and would be searchable by a number of categories.

Read more here.

Bell (Ca.) arrests illustrate importance of open records

opinion, from Hawaii Reporter:

When Bell city officials started raking in obscene salary amounts, it’s a safe bet that they never considered the California Public Records Act. ... Eight Bell officials were arrested Sept. 21 for the misappropriation of $5.5 million. Los Angeles County District Attorney Steve Cooley called the Bell scandal “corruption on steroids.”

[...]

The California Public Records Act, which mirrors the federal Freedom of Information Act, requires public officials to disclose salaries, benefits and expenditures to the public. Political candidates must make similar disclosures. By law, records must be released within 10 working days barring extenuating circumstances.

Read more here.

Cameron County (Tx.) District Attorney’s Office declines to pursue San Benito FOI issue

from The Brownsville Herald:

The Cameron County District Attorney’s Office has refused to prosecute a case filed by the Valley Morning Star accusing San Benito officials of violating the Texas Open Meetings Act, officials said last week.

The Star filed the complaint in April accusing city commissioners of failing to disclose the nature of a discussion they held in a closed meeting on April 12.

The newspaper also accused the city of illegally posting the meeting’s agenda, which failed to state the nature of the discussion commissioners planned to hold in executive session.

“The District Attorney’s Office received this case and reviewed it,” Assistant District Attorney Charles Mattingly said in an e-mail. “After evaluation, it was determined that the case was without merit. Therefore, the DA’s Office declined to prosecute.”

[...]

The decision riled Joel White, an Austin attorney with the Texas Freedom of Information Foundation.

“I saw it as a blatant violation of the Open Meetings Act,” White said in an interview. “I’m not surprised that the DA chose not to prosecute. DAs like to work on violent crimes and they don’t like to prosecute elected officials.”

Read more here.

NFOIC Knight FOI Fund supports victorious transparency case involving California pension fund investments

from NFOIC

COLUMBIA, Mo. – A California judge, as a result of litigation backed by the Knight FOI Fund, has ordered the state’s pension fund to release records about a $100 million real estate investment loss.

Judge Charlotte W. Woolard of the San Franicsco Superior Court, in a six-page writ signed on Tuesday, September 14, ordered the California Public Employees' Retirement System (CalPERS) to release records regarding its investment in Page Mill Properties, a controversial East Palo Alto low-income housing development. (You can read the ruling here (312 KB).

CalPERS, the largest public pension fund in the country, lost all of its $100 million stake in the development, but refused to disclose records regarding its investment or the business arrangement surrounding it.

The First Amendment Coalition (FAC), a California-based member organization of the National Freedom of Information Coalition (NFOIC), sued CalPERS in July and was awarded a $3,200 Knight Fund grant by NFOIC to help with its legal expenses in that suit.

Read the rest here.

EPIC files FOIA suit for documents regarding Google/NSA partnership

from the Electronic Privacy Information Center (EPIC):

EPIC has filed a Freedom of Information Act lawsuit against the National Security Agency in the United States District Court in the District of Columbia. The agency failed to respond to EPIC's FOIA request for documents about an "Information Assurance" partnership with Google. EPIC previously appealed to the agency to comply with its legal duty to produce the documents, but he agency failed to respond. EPIC is also seeking the Presidential Directive that grants the NSA authority to conduct electronic surveillance in the United States.

Read the rest here.

Columbia (Mo.) Police Review Board suggests increase in police's audio and visual recording

from the Columbia Missourian:

COLUMBIA — The Citizens Police Review Board decided Wednesday night that Columbia police officers should keep their cameras rolling.

Jennifer Bukowsky, an attorney with the Boone County Public Defender’s office, presented a proposal to the board calling for police officers to use cameras in their squad cars more often and to keep audio and video records longer.

“Taxpayers have already paid for them, and they are already installed,” Bukowsky said of the cameras. “They are with them everywhere they go.”

Read the rest here.

NFOIC announces Fall 2010 grant applications now being accepted

from NFOIC.org:

National Freedom of Information Coalition (NFOIC) member organizations interested in funding for projects in their states must submit applications by Friday Oct. 8 to be considered for a fall grant award.

This application deadline applies only to project and sustainability grants to support and enhance state coalition and member organization work. Applications for Knight FOI Fund grants to defray costs, fees and expenses associated with legal actions are reviewed and screened separately throughout the year, and have no set deadline.

The NFOIC guidelines are intended to give broad discretion and flexibility to state freedom of information groups in defining their needs and pursuing projects that aid their growth and further public access to government records and meetings. Projects that heighten awareness and educate the public regarding access issues are particularly encouraged.

Approval and matching support requirements, however, are at the discretion of the NFOIC Grants Committee and NFOIC Board. State groups should expect that any grant in excess of $5,000 will have a match requirement.

You can find the grant guidelines and a link to the grant application form at http://www.nfoic.org/grants.

2010 Secrecy Report Card Released

from OpenTheGovernment.org:

On Tuesday, September 7, OpenTheGovernment.org released the 2010 Secrecy Report Card 2010 Secrecy Report Card, a quantitative report on indicators of government secrecy. The report chronicles a continued decrease in most indicators of secrecy since the end of the Bush Administration and growing backlogs in the declassification system as old secrets move through the system. The report covers the first 9 months of President Obama's Administration.

According to Patrice McDermott, Director of OpenTheGovernment.org, "The 2008 elections were largely seen as a referendum on the extreme secrecy of the last Administration. On his first full day in office, President Obama pledged his Administration would be the most open, transparent and accountable in history. The Secrecy Report Card helps the public monitor the progress, or lack thereof, the President makes toward that goal."

Visit OpenTheGovernment.org for more.

NFOIC awards Knight FOI Fund litigation grant in New Mexico public records suit

from NFOIC.org:

A weekly newspaper in New Mexico has been awarded a litigation grant from the Knight FOI Fund to press a legal action against a state college for disregarding basic requirements of that state's "sunshine law."

The $11,000 grant to the Rio Grande Sun newspaper was announced by the National Freedom of Information Coalition (NFOIC), which administers the Fund that was created by the John S. and James L. Knight Foundation. The grant was the first awarded for a New Mexico case since the Fund was established.

The award was made to defray the Rio Grande Sun's legal costs in a lawsuit brought against the Board of Regents and administration of Northern New Mexico College, a four-year, state-supported institution that has campuses in Española, NM, and El Rito, NM.

According to the complaint filed in Rio Arriba County District Court, the college has for more than six months ignored and rebuffed reporter Louis Mattei's requests for records, disregarding the New Mexico Inspection of Public Record Act's disclosure requirement and even its statutory response deadlines.

"The allegations in the complaint are outrageous. This kind of blatant disregard for public disclosure laws cannot be tolerated," said Kenneth F. Bunting, executive director of the NFOIC. "The Knight FOI Fund is there to make certain that, even in tough economic times, challenges of this sort get made, and that public officials who don't understand their obligation to be forthcoming about the public's business do not get to make up their rules."

Read more here.

South Texas sheriff takes on state agency official in felony open records fight

from the AMERICAN-STATESMAN:

A Nueces County skirmish over open records could land an Austin state agency official in prison for up to 10 years.

Or it could leave several Nueces County officials looking foolish.

[...]

Adan Muñoz Jr., executive director of the Texas Commission on Jail Standards, has been charged with two felony counts of misuse of official information — a crime that typically pertains to public servants who use insider government information to benefit themselves, friends or supporters.

Muñoz's alleged crime? In February, after Nueces County Jail inmate Samuel Salazar killed himself, Muñoz released the prisoner's jail screening form, which is designed to identify potentially suicidal prisoners. ...

The release angered Nueces County Sheriff Jim Kaelin, who said the information should have been kept secret while his office and the Texas Rangers investigated the death.

Kaelin complained to Muñoz's bosses — the nine governor-appointed commissioners on the jail standards panel — but after they cleared Muñoz of wrongdoing, the sheriff pursued criminal charges.

Read more here.

National Press Club Board selects press-freedom honorees

from the National Press Club:

The National Press Club Board of Governors voted on Aug. 23 to honor a University of Missouri journalism professor and an Iranian blogger with its 2010 John Aubuchon Freedom of the Press Award.

The award, given each year to one domestic and one international recipient, honors people who have contributed to the cause of press freedom and open government.

This year’s U.S. winner is Charles N. Davis, an associate professor at the Missouri School of Journalism who has done more than most to force light onto parts of national, state and local governments that many in power would like to keep hidden from the press and the public.

From 2005 until this year, Davis led the National Freedom of Information Coalition, an organization headquartered at the Missouri journalism school that funds open-government groups around the country. A former reporter, Davis has also helped the cause through scholarly research and writing on governmental information and media law. He has won the Sunshine Award from the Society of Professional Journalists and the National Journalism Teacher of the Year from the Scripps Howard Foundation.

The board selected as the foreign winner of the award Kouhyar Goudarzi, an Iranian blogger.

Read the rest here.

Washington State Sunshine Committee needs Governor's attention

from the Washington Policy Blog:

The state's Sunshine Committee (Public Records Exemptions Accountability Committee) has survived legislative efforts the past few years to eliminate its existence. Now it appears the Committee is facing a new threat, gubernatorial neglect.

Under the law, the Governor appoints six of the Committee's thirteen members including the Chair. To have a quorum at least seven of the members must be present at a meeting. As of [August 17] four of the Governor's six appointee slots are either vacant or expired, including former Chair Tom Carr. Carr left the state earlier this year to serve as city attorney for Boulder, CO.

Since the Governor has not appointed a new Chair, the Committee voted ... to confirm two vice chairs. Retiring Rep. Lynn Kessler was confirmed as First Vice Chair with Tim Ford of the Attorney General's Office as Second Vice Chair.

Read more here.

Supreme Court cases involve funeral protests, video games, FOIA

from the First Amendment Center:

WASHINGTON — Last term, the First Amendment was front and center on the Supreme Court’s docket, producing a major decision on campaign-finance regulation and an array of other rulings on topics ranging from a Christian cross in the Mojave Desert to animal-cruelty videos.

It’s still early, but the next Supreme Court term is shaping up similarly, with First Amendment disputes comprising some of the most important and provocative cases that are already docketed. The Court has also agreed to consider a Freedom of Information Act case and a privacy case, both of which may affect information-gathering by the government.

Read more here.

New book details history of Freedom of Information laws

from The Bristol Press:

If you want a unique view of how democracy should work, pick up Mitchell W. Pearlman’s new book "Piercing the Veil of Secrecy, Lessons in the Fight for Freedom of Information."

Pearlman, the retired general counsel and executive director of Connecticut’s singular Freedom of Information Commission, is a national treasure — no, international treasure. He is recognized from Hartford to Beijing to Johannesburg to Mexico City as a leading expert on the fault lines of government secrecy and ways to pry it open.

[....]

His book delves into Connecticut’s secrecy and it also takes the reader from Ancient Egypt to the American Constitutional Convention in 1787 to the Nixon White House and to a flight of some fancy into secrecy v. transparency as we explore outer space.

Read more here.

Opinion: U.S. government wrong to keep secret names of marshals in fatal Springfield shooting

from the News-Leader.com (Springfield, MO) --

....

The United States Marshals Service and the U.S. Department of Justice say they do not have to name deputy marshals who shot and killed Lance Anderson.

Which probably means I will never know. Which probably means I will not be able to tell you.

The two deputy marshals, as you might recall, used deadly force against Anderson, 23, in Springfield, during a traffic stop. The marshals, one of whom is also a Greene County deputy sheriff, fired at Anderson after he exited a pickup truck and shot himself twice. Wanted on a probation violation, he was suspected in other crimes and had allegedly shot at a Bolivar officer the night before.

Our paper's attempts to learn and report the names through calls, letters invoking the federal Freedom of Information Act and an appeal of a FOIA request that was denied have now all failed....

Why have these names been kept secret? Why is this so different from what happens when other officers use deadly force?

Read the rest here

Consumer Watchdog asks FBI, DEA to explain use of Google Earth

from Consumer Watchdog:

WASHINGTON, D.C. -- The FBI and DEA are now making extensive use of Google Earth, according to federal spending records. Consumer Watchdog is filing Freedom of Information Act requests with the agencies today to determine how the Internet giant’s digital mapping technology is being used for domestic surveillance, including whether it is used for racial profiling or other abuses of civil liberties.

“The public needs to know how law enforcement is using Google’s technologies,” said John M. Simpson, consumer advocate with the nonpartisan, nonprofit group. “We call on the FBI and the DEA to expeditiously respond to our requests for information.”

Congress should also investigate how the U.S. law enforcement and intelligence communities are using technologies that Google provides, Simpson added.

Read the rest here.

IPads saving cities paper costs

from USA Today:

Soon after Hampton, Va., Mayor Molly Ward bought an iPad for her personal use last spring, she started thinking of an application of her own — one that might save her town both paper and money.

Ward decided it would make both environmental and fiscal sense for the Hampton City Council to switch from paper to iPads for conducting official business.

[....]

Hampton joins a growing number of municipalities — from Williamsburg, Va., to Albertville, Ala., to Redwood City, Calif. — that are turning to iPads to conduct government business.

[....]

"In most states, some if not all electronic records are public," [Ken Bunting, executive director of the National Freedom of Information Coalition] says. "Around the country, there has been lots of litigation in the states about the nature of electronic records and whether or not they differ from paper records."

Read the rest here.

N.C. ethics reform law signed, opening state workers' records

from newsobserver.com:

With two suspensions for inappropriate contact with a student, Jessica Wishnask quietly left the New Hanover school district two years ago to go work for another. She did not have to disclose her misconduct, and her prior employer did not report the suspensions.

Her new employer, Pitt County schools, did not find out about them until months later, when Wishnask got caught having sex with the same student and was sent to prison.

North Carolina's personnel law has helped hide suspensions such as those served by Wishnask for more than three decades. But that will change Oct. 1, thanks to a series of reforms Gov. Bev Perdue signed into law Monday that make public the suspensions and demotions of state and local employees.

Read more here.