Freedom of Information
National Security Archive Files a FOIA Request to Find Out Why the CIA is Attempting to Price Out Declassification Reviews
“On September 23, 2011 the CIA launched a covert attack on Mandatory Declassification Review (MDR) by entering new regulation changes into the Federal Register, which gouge requesters with outrageous fees for submitting MDR requests. While the CIA no doubt wanted to avoid the publicity the Department of Justice received after their ill-conceived FOIA regulations, the draconian regs are garnering attention. . . So who came up with this anti-openness regulation? And how did they explain it as a good idea – especially during Obama’s “new era of open government?” To follow the paper trail and disclose the CIA’s internal justifications for these astronomical price increases, today the National Security Archive filed a FOIA request with the CIA for all “emails, memos, position papers, or power point presentations” about the CIA’s decision to change its MDR regulations.”
http://nsarchive.wordpress.com/2012/02/21/archive-files-a-foia-request-to-find-out-why-the-cia-is-attempting-to-price-out-declassification-reviews/
Groups Protest CIA’s Covert Attack on Public Access
“More than 30 organizations [including SLA] joined the National Security Archive and OpenTheGovernment.org in protesting the Central Intelligence Agency’s (CIA) recent decision to charge the public outrageous fees for the opportunity to challenge secrecy claims. The fees, which can run requesters up to $72 per hour even if no information is found or released, effectively cut off access to a system that researchers, historians, public interest advocates and others have used successfully to challenge the CIA’s extreme secrecy — the Mandatory Declassification Review (MDR) process.”
http://www.openthegovernment.org/node/3372
National Security Counselors Sues the CIA for Ignoring Freedom of Information Laws
“At the same time that 36 organizations are attempting to use political and bureaucratic pressure to force the rollback of damaging MDR regulations at the CIA, Kel McClanahan of the National Security Counselors has filed a lawsuit against the Agency in the United States District Court of the District of Columbia. It is important to note that the National Security Counselors case is broader than just the MDR fee issue. It attacks the CIA’s willful and intentional violation of federal law in regard to MDR and the Freedom of Information Act. Below is a brief summary of the complaint’s key points.”
http://nsarchive.wordpress.com/2012/02/23/national-security-counselors-sue-the-cia-for-ignoring-freedom-of-information-laws/
Democratic senators want super PAC crackdown
“Senate Democrats are calling on the Federal Election Commission to crack down on super PACs, arguing that voters deserve more information about who is funding independent political advertisements. Eleven Democrats on Tuesday sent a letter to FEC Chairwoman Caroline Hunter, urging the commission to enact broad disclosure and disclaimer rules in the wake of the Supreme Court’s Citizens United v. Federal Election Commission decision that struck down limits on corporate and union contributions to the outside groups.”
http://www.politico.com/news/stories/0212/73136.html
DoD Reports “Impressive Strides” in Updating Classification
“The Department of Defense said it has cancelled more than 300 of its 1800 classification guides as a result of the ongoing Fundamental Classification Guidance Review. The defunct guides can no longer be used to authorize the classification of national security information. “The Department has continued to make impressive strides in updating our Security Classification Guides (SCGs) and remains focused on ensuring that guidance reflects current operational and technical circumstances relevant to the protection of properly classified information,” DoD told the Information Security Oversight Office in a February 16, 2012 interim report.”
http://www.fas.org/blog/secrecy/2012/02/dod_strides.html
Public Policy
Are Librarians Encouraging Public Libraries to Abide by COPPA?
“The Children’s Online Privacy Protection Act (COPPA) was created to prevent corporations from collecting data about children without parental permission. This law explicitly does not apply to public institutions, non-profits, and government agencies. Yet, many public institutions not only choose not to collect data about children; they forbid children from accessing information without parental permission. Much to my surprise, this includes many public libraries. Dear Librarians… Will you help explain something to me?”
http://www.zephoria.org/thoughts/archives/2012/02/20/libraries-coppa.html
Regulations.gov: Remaking Public Participation
“On January 18, 2011, the President issued Executive Order 13563, in which he directed regulatory agencies to base regulations on an “open exchange of information and perspectives” and to promote public participation in Federal rulemaking. The President identified Regulations.gov as the centralized portal for timely public access to regulatory content online. In response to the President’s direction, Regulations.gov has launched a major redesign, including innovative new search tools, social media connections, and better access to regulatory data. The result is a significantly improved website that will help members of the public to engage with agencies and ultimately to improve the content of rules. The redesign of Regulations.gov also fulfills the President’s commitment in The Open Government Partnership National Action Plan to “improve public services,” including to “expand public participation in the development of regulations.” This step is just one of many, consistent with the National Action Plan, designed to make our Federal Government more transparent, participatory, and collaborative.”
http://www.whitehouse.gov/blog/2012/02/21/regulationsgov-remaking-public-participation
San Francisco Launches The 2012 Innovation Portfolio, From Open Taxi Data To Beta Tests In City Hall
“San Francisco may not have intended to be become the startup mecca that it is today, but now the city government is working hard to make itself as friendly as possible to tech entrepreneurs. Makes sense, considering that there are 1,539 tech companies and 30,000 tech jobs in the city now — a number that’s been growing fast as older industries like high finance continue to suffer through the recession. What that means is this. Mayor Ed Lee, who came to power last year with heavy support from the local tech scene, is announcing a new initiative today at the TechFellow awards ceremony, that has some intriguing ideas for making the city itself more relevant to the booming industry within it. Broadly, the so-called 2012 Innovation Portfolio is trying to do everything from helping founders by making it easier to complete the paperwork for creating a company, to giving developers new access to city data, to introducing new ways for citizens to share their opinions with the city, to actually testing out tech products at City Hall itself.”
http://techcrunch.com/2012/02/22/sftech/
Open Access
Groups Oppose Bill that Threatens to Cut Off Access to Taxpayer-Funded Research
“On February 9, thirty organizations, including SLA, sent a letter to the House Oversight and Government Reform Committee in opposition to the Research Works Act (H.R.3699), a bill designed to roll back a hard-fought-for policy that secured no-fee public access to NIH’s taxpayer-funded research, and also to block the development of similar policies at other federal agencies.”
http://slaconnections.typepad.com/public_policy_blog/2012/02/groups-oppose-bill-that-threatens-to-cut-off-access-to-taxpayer-funded-research.html
Letter From 90 Research Organizations Sent to Congress Opposing Research Works Act
“The undersigned organizations and institutions write to express our strong concerns with H.R. 3699, the Research Works Act, which has been referred to your Committee. This bill would impede public access to valuable research results from work funded by federal agencies.”
http://www.arl.org/bm~doc/lt_opresearchworksact_24feb12.pdf
Australia to make health research open access
“While America seriously considers the insane Research Works Act (banning the open publication of publicly-funded research), Australia is moving in the other direction. Its National Health and Medical Research Council has announced that all funded research will be made available to the public starting July.”
http://www.theregister.co.uk/2012/02/21/nhmrc_going_open_access/
Privacy Concerns
Government Pressures Twitter to Hand Over Keys to Occupy Wall Street Protester’s Location Data Without a Warrant
“On October 1, 2011, over 700 Occupy Wall Street protesters were arrested on the Brooklyn Bridge. Most of the protesters, including Malcolm Harris, were charged with the mundane crime of disorderly conduct, a “violation” under New York law that has a maximum punishment of 15 days in jail or a $250 fine. And yet on the basis of a charge no more consequential than speeding ticket, the New York City District Attorney’s office sent a poorly worded subpoena to Twitter requesting “any and all user information, including email address, as well as any and all tweets posted for the period of 9/15/2011-12/31/2011″ regarding Mr. Harris’ Twitter account, @destructuremal. Unsurprisingly, the government wanted to keep it quiet, but thankfully Twitter didn’t listen. Instead, as it has consistently warned law enforcement, Twitter notified Mr. Harris, who through his lawyer, Martin Stolar of the National Lawyers Guild, has moved to challenge the subpoena in court.”
https://www.eff.org/deeplinks/2012/02/malcolm-harris-occupy-wall-street-twitter-government-pressure
We Can’t Wait: Obama Administration Calls for A Consumer Privacy Bill of Rights for the Digital Age
“Today at the White House, the Obama Administration unveiled a blueprint for a Consumer Privacy Bill of Rights to protect consumers online. . . In a related announcement, leading Internet companies and online advertising networks in the Digital Advertising Alliance came to the White House to commit to using Do Not Track technology now available in most major web browsers to make it easier for users to control online tracking.”
http://www.whitehouse.gov/blog/2012/02/23/we-can-t-wait-obama-administration-calls-consumer-privacy-bill-rights-digital-age
Internet Access
New CRS Report – Internet Governance and the Domain Name System: Issues for Congress (R42351)
“Currently, the U.S. government, through the National Telecommunications and Information Administration (NTIA) at the Department of Commerce, enjoys a unique influence over ICANN, largely by virtue of its legacy relationship with the Internet and the domain name system. A key issue for Congress is whether and how the U.S. government should continue to maximize U.S. influence over ICANN’s multistakeholder Internet governance process, while at the same time effectively resisting proposals for an increased role by international governmental institutions such as the U.N. The outcome of this debate will likely have a significant impact on how other aspects of the Internet may be governed in the future, especially in such areas as intellectual property, privacy, law enforcement, Internet free speech, and cybersecurity. Looking forward, the institutional nature of Internet governance could have far reaching implications on important policy decisions that will likely shape the future evolution of the Internet.”
http://www.fas.org/sgp/crs/misc/R42351.pdf
The U.N. Threat to Internet Freedom
“On Feb. 27, a diplomatic process will begin in Geneva that could result in a new treaty giving the United Nations unprecedented powers over the Internet. Dozens of countries, including Russia and China, are pushing hard to reach this goal by year’s end. As Russian Prime Minister Vladimir Putin said last June, his goal and that of his allies is to establish “international control over the Internet” through the International Telecommunication Union (ITU), a treaty-based organization under U.N. auspices. If successful, these new regulatory proposals would upend the Internet’s flourishing regime, which has been in place since 1988. . . Today, however, Russia, China and their allies within the 193 member states of the ITU want to renegotiate the 1988 treaty to expand its reach into previously unregulated areas. Reading even a partial list of proposals that could be codified into international law next December at a conference in Dubai is chilling.”
http://online.wsj.com/article/SB10001424052970204792404577229074023195322.html
How Internet Companies Would Be Forced to Spy on You Under H.R. 1981
“Online commentators are pointing to the Internet backlash against H.R. 1981 as the new anti-SOPA movement. While this bill is strikingly different from the Stop Online Piracy Act, it does have one thing in common: it’s a poorly-considered legislative attempt to regulate the Internet in a way experts in the field know will have serious civil liberties consequences. This bill specifically targets companies that provide commercial Internet access – like your ISP – and would force them to collect and maintain data on all of their customers, even if those customers have never been suspected of committing a crime. Under H.R. 1981, which has the misleading title of Protecting Children From Internet Pornographers Act of 2011, Congress would force commercial Internet access providers to keep for one year a “log of the temporarily assigned network addresses the provider assigns to a subscriber to or customer of such service that enables the identification of the corresponding customer or subscriber information under subsection (c)(2) of this section.” Let’s break that down into simple terms.”
https://www.eff.org/deeplinks/2012/02/how-internet-companies-would-be-forced-spy-you-under-hr-1981
Intellectual Property
Young people’s free-wheeling view of copyrighted material shaping its future distribution
“Young people want their music, TV and movies now — even if it means they get these things illegally. A recent Columbia University survey found, in fact, that 70 per cent of 18- to 29-year-olds said they had bought, copied or downloaded unauthorized music, TV shows or movies, compared with 46 per cent of all adults who’d done the same. With such an entrenched attitude, what can be done about widespread online piracy? Certainly law enforcement has gone after scofflaws like these, hitting them with fines and, in some cases, even jail time. Congress is considering controversial anti-piracy bills that would, among other things, forbid search engines from linking to foreign websites accused of copyright infringement. And there are lawsuits pitting media heavyweights against Internet firms — notably Viacom’s billion-dollar litigation against YouTube. But here’s a radical notion to consider: What if young people who steal content weren’t viewed as the problem?”
http://www.chicagotribune.com/news/nationworld/sns-bc-us–onlinepiracy-youth,0,3316423.story
EU suspends copyright treaty ratification
“The European Commission, facing opposition in city streets, on the Internet and in the halls of parliament, has suspended efforts to ratify a new international anti-counterfeiting agreement, and instead will refer it to Europe’s highest court to see whether it violates any fundamental EU rights. EU Trade Commissioner Karel De Gucht asserted Wednesday that an opinion from the European Court of Justice would clear away the fog of misinformation surrounding the Anti-Counterfeiting Trade Agreement, known as ACTA.”
http://hosted.ap.org/dynamic/stories/E/EU_EUROPE_INTERNET_PROTESTS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2012-02-22-10-27-11
International Outlook
This Isn’t a Hoax: Pakistan Requests Proposals for a National Filtering and Blocking System
“The Pakistani government is looking for new ways to censor the Internet. This week, the Pakistani Telecommunication Authority (PTA) released a Request for Proposals (RFP) for the development, deployment and operation of a “National Level URL Filtering and Blocking System,” calling on institutions to submit by March 2nd a feasible proposal that would allow the government to institute a large-scale filtering system. Shockingly, the RFP requires: “Each [filtering] box should be able to handle a block list of up to 50 million URLs (concurrent unidirectional filtering capacity) with processing delay of not more than 1 milliseconds.” While content filtering and blocking has existed in Pakistan for the past few years, it has been executed manually and has thus been inconsistent and intermittent. The state’s latest effort to subsidize a comprehensive, automated censorship regime is deeply troubling.”
https://www.eff.org/deeplinks/2012/02/not-a-hoax-pakistan-requests-proposals-national-filtering-and-blocking-system
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The Intersect Alert is a newsletter of the Government Relations Committee, San Francisco Bay Region Chapter, Special Libraries Association.