Virginia Supreme Court: Wrongful Death Settlement Details Must Be Disclosed

The Virginia Supreme Court ruled that details of settlements in several wrongful death suits brought against a pharmaceutical company must be disclosed to the public and cannot be sealed. A lower court, responding to a petition from the Fredricksburg Free Lance Star and the Richmond Times Dispatch, had also ruled the records must be disclosed. (9/15/08)

New Mexico Open Government Foundation Awarded Legal Fees in Records Dispute

The New Mexico Foundation for Open Government has been awarded $25,970 in legal fees for its two year battle with the state’s Taxation and Revenue Department. The foundation was working with a private investigator who sought information about properties with delinquent taxes. (7/18/08)

Minnesota Governor’s Paper Trail Is Quite Short

The Minneapolis Star Tribune reported that Gov. Tim Pawlenty’s administration is setting new records by not keeping very many. The administration saves far fewer papers than its predecessors, keeping only records of final decisions and failing to send any documents to the state archives in its five years. (7/7/08)

Pension Investment Records Become Increasingly Difficult to Access

Thirteen states now have secrecy laws closing off information to state pension fund performance information, Forbes reports. It said there is a growing trend to seal information on private equity fund performance, noting as an example that Virginia’s Retirement System manager recently asked staff to box and return all quarterly and annual reports received from fund managers. (7/7/08)

Rhode Island Governor Vetoes Bill Speeding Response to Records Requests

Rhode Island’s governor has vetoed legislation that would have required law enforcement agencies to release public records within 7 days of a request, saying the bill would “force our law-enforcement agencies to publicly release information that may compromise public safety.” He also said he was concerned about releasing the location where police arrests occurred. ACLU Executive Director Steven Brown said the veto “demonstrates a shocking indifference to the public’s right to know.” (7/7/08)

FOI Request and Report Prompts Buffalo to Cut Employee Take Home Cars

In the wake of a Buffalo News report on the 85 city employees who take home city cars each night, the mayor has decided to cut home use of cares back by 41 percent. The News had to file a Freedom of Information Law request to get the information. It took two months. In announcing the cutback, Mayor Byron W. Brown cautioned the remaining 50 employees not to use city cars for personal business. (7/3/08)

Delaware Legislators Adjourn; No Sunshine in Sight

Delaware lawmakers adjourned their 2008 session without taking any action on several bills designed to open closed door meetings. The key proposal would have made the legislature subject to the state’s Freedom of Information Act. (7/1/08)

Georgia High Court Gives Police Investigations a Long Shelf Life

In a 4-3 decision, Georgia’s Supreme Court ruled that police can deny media requests for records of “pending investigations” even in cases where the case has continued for more than a decade and there is little evidence of current police work. The court called it a “hard fact of law enforcement” that some cases remain unsolved for long periods of time. It said records should be open only when “all direct litigation” involving both investigation and prosecution is final. (7/1/08)

Maryland State Police Ordered to Allow Review of Profiling Records

A Circuit Court judge in Baltimore ruled that the NAACP can review documents alleging racial profiling by the Maryland State Police. Judge Timothy J. Martin gave lawyers for the NAACP 120 days to review the records and said names of police and complainants would be redacted from any documents copied. (6/30/08)

Public Access Records Counselor Says Muncie Violated Records Law

Indiana’s Public Access Counselor Heather Willis Neal said the city of Muncie’s reasons for denying access to a list streets scheduled for paving was “problematic.” She said in an opinion that the mayor and city attorney clearly violated the public records law and that the city’s controller probably did so. The city officials disagreed. (6/30/08)

NC Legislators Meet Privately on Budget Despite Transparency Pledge

North Carolinas legislative leaders, having promised to open their budget negotiation talks, met privately and refused entry to a Raleigh News & Observer reporter who sought to attend the meeting. Senate Majority Leader Tony Rand said the purpose of the meeting was to get a staff report, not to negotiate. (6/27/08)

Release 911 Tapes in Trooper's Murder, NC Judge Directs

A Superior Court judge in North Carolina ruled that police in Waynesville should release 911 calls made about the shooting death of a highway patrol trooper. Judge Mark Powell said he could see no basis for the state’s claim that release of the information could jeopardize a fair trial. (6/27/08)

Wisconsin High Court Says Records Law Does Not Require Database Access

State agencies and local governments in Wisconsin do not have to provide direct access to their electronic databases, the state’s Supreme Court ruled. Three municipalities had declined access to their databases of real estate records and provided only PDFs of the records sought. The court said that was okay; the law required only that the records be in an “appropriate format.” (6/26/08)

California Legislature Closes Loophole in Public Records Law

The California legislature approved a bill that prohibits state and local agencies from entering into any agreement with a private entity to keep public records secret. The bill was filed by Sen. Leland Yee after the University of California at San Francisco withheld a financial review based on objections from the accounting firm that conducted the study. (6/24/08)

Arizone AG Orders Sunrise City Council to Let the Sun Shine In

Arizona’s Attorney General, completing a year long investigation, criticized the Sunrise City Council for repeatedly violating the state’s Open Meeting Law and threatened legal penalties if the city fails to hire a compliance officer for the next year to make sure residents have total access to the city’s decision making process. (6/23/08)

Federal Judge Tells California Prison Crowding Data Is Public

A federal magistrate rejected an effort by California’s prisons department to limit the amount of information on the state’s overcrowded prisons may be made public at a hearing on whether to cap the prison population. Judge John Moulds said only documents that clearly would jeopardize prison security if they were made public should remain secret. (6/23/08)

Tennessee Governor Signs Bill Setting Records Response Time Limits

Tennessee Gov. Phil Bredesen signed a new open records law that for the first time sets a deadline for response to public records requests. The law gives records custodians seven days to respond or explain why they need more time. The old state law had no time limit. The new law also gives the state’s open records ombudsman some specific duties, including setting a fee structure for extensive records requests. (6/20/08)

Judge Orders E-Mails on Council Members' Home Computers Retrieved

A circuit judge in Venice, Florida ordered three city council members to let a computer expert retrieve government-business e-mails from their home computers. The e-mails are at the core of a suit alleging the council members violated the state’s open meetings law. Judge Robert Bennett said he was concerned that the records could otherwise be lost. (6/19/08)

Felons Rights to Public Records Challenged by Washington AG

Washington’s Attorney General Rob McKenna said that felons who have not had their civil rights restored should not have the right to public records guaranteed citizens. In a brief filed in the case of a prison inmate seeking information on judges, lawyers and corrections officers involved with his imprisonment, McKenna said the granted citizens under the Public Records Act are “fundamentally inconsistent with the objectives, needs and realities of the prison system and the legal status of inmates.” (6/9/08)

Jacksonville Sheriff's Office Admits Overcharging for Records -- for 20 Years

The legal council for the Jacksonville, FL, sheriff’s office acknowledged that it had been overcharging for records for a almost 20 years because it assumed a city ordinance preempted state law. The overcharge came to light when the city proposed to double the current charge from $3 to $6 for arrest and booking reports, accident reports and general offence reports. State law puts the charge at 20 cents for each two sided page. (6/6/08)

Kentucky Governor Establishes Open Records Task Force

Kentucky Gov. Steve Beshear created a task force to recommend ways to make state government more open. In making the announcement, he said he wants the group to suggest ways to create “one-stop” access that will let Kentuckians easily track state spending and programs. The task force will include representatives from state government and civic organizations. (6/6/08)

Louisiana Senate Committee Sinks Expanded Open Records Law

A Louisiana Senate Committee scuttled legislation designed to open records in the governor’s office and some 60 state agencies that fall under the administration of his office. The vote was 3-2 with Chairman Robert Kostelka breaking the tie and noting that “our forefathers wrote the Constitution in secret.” (6/6/08)

New York Legislature Speeds Access to Some Records

The New York Legislature approved a bill requiring that public records related to subjects that may be discussed at an open meeting be available to the public at least 72 hours before the meeting. Another measure, directing agencies to take public access to information into account in designing new information systems, passed the Senate and is expected to pass the Assembly. (6/4/08).

Iowa AG Releases Records in Elderly Abuse Cases

Iowa Attorney General Tom Miller overruled the state’s Workforce Development agency and said the names of people fired from elder care facilities fired for abuse should be made public. The agency had begun refusing access to the records last August. (6/3/08)

New Jersey League of Municipalities Records Sought as Public

A Superior Court judge in New Jersey has directed the state’s League of Municipalities, the lobbying unit for the 566 municipal governments, to explain why it should not be subject to New Jersey’s open records law. An activist group has filed suit contending the League is taxpayer funded and arguing its records in opposition to affordable housing regulations should be public. League Director William Dressel called the suit “frivolous.” (6/3/08)

SC Supreme Court Won't Step into Manager-Councilwoman Records Dispute

South Carolina’s Supreme Court held that an councilwoman is not entitled to release of Anderson County records the manager refused to provide her, saying it was disinclined to step into the four year “internal dispute” between the council woman and the county manager. A lower court had also ruled councilwoman Cindy Wilson was not entitled to the records. (6/3/08)

Texas Governor Free to Delete E-mails after One Week

The district attorney in Travis County won’t try to injoin Texas Gov. Rick Perry’s office from deleting e-mails after seven days, it’s current practice. The request came from the Freedom of Information Foundation of Texas. The office has been following a policy of printing out all em-amis dealing with government business and deleting all others after a week. (6/3/08)

Texas Sued over Police Reporting Form that Excludes Victim's Phone Numbers

A chiropractor and a the Texas Weekly Advocate, a “publisher of accident information,” have sued the state of Texas over a new accident reporting form that no longer requires the listing of the victim’s phone number. They claim this denies them the ability to contact victims to ”inform them of their rights to health care treatment..” (6/3/08)

Albany DA Refuses Request for Transcripts of Spitzer Testimony

Albany County District Attorney David Soares has refused to turn over to the New York Post transcripts of testimony in an investigation of the fired state police superintendent and a aide to Gov. Eliot Spitzer, despite a binding ruling by the county’s public information appeals officer and a finding by the state’s Open Government Committee director. Soares' office denied the information request, claiming the records couldn't be disclosed because they were part of a law-enforcement investigation. (6/2/08)

Missouri Judge Rejects Fee Hikes for Driver, Vehicle Records

A county judge in Missouri ruled that fee increases for obtaining driver and motor vehicle records are invalid. Several data mining companies that regularly purchase such records sued when the state raised the charge from $1.25 to 7 and wiped out bulk discounts. Judge Richard Callahan ruled the documents are public record and that under the law the state can charge only the cost of copying. (6/2/08)

New Mexico AG: No Penalty Under Law For Destroying E-mail Records

The Attorney General’s Office in New Mexico said state law provides no punishment for officials who do not retain state records as required by law. The issue came up when the Santa Fe New Mexican requested Public Service Commission e-mails that, in turns out, had been destroyed. (6/2/08)

NJ Governor Ordered to Release E-Mails Corresponce with Ex-Girlfriend

A New Jersey judge ruled that Gov. Jon Corzine must release e-mail correspondence with Carla Katz, his ex-girlfriend and leader of the state employees union. However the attorney general’s office said the ruling of Superior Court Judge Paul Innes would be appealed. "The publichas a right to know whether the relationship between the governor and Ms. Katz had any improper influence on the governor's paramount obligation to serve the interest of the citizens of New Jersey first,” the judge said.

Arizona Town Told to Release Report on Local Utility It Is Eyeing

An Arizona Superior Court judge directed the town of Florence must make public a taxpayer funded study and other records it has on a private utility it is considering purchasing. The East Valley Tribune sued for the information, contending any confidentiality agreement reached by the town and the utility is not valid under the public records law. (5/29/08)

Denver Sued for Records on Convention Security Purchases

The city of Denver was sued by the ACLU for refusing to release information on the kind of equipment police have purchased in preparation for the Democratic Convention in August. Denver said release of the information “could potentially disclose tactical security information” but the ACLU said the public has a right to know how the $18 million the city received from a federal grant will be spent and that any tactical information could be redacted. . (5/29/08)

NC Legislator Proposes Attorney Fee Recovery, Open Government Office

A North Carolina state senator has filed a bill that would require judges to award legal fees to persons who successfully sue the state to obtain public records. The bill, sponsored by State Sen. David Hoyle, would also create an Open Government Unit in the Office of the Attorney General, who supports the legislation. (5/29/08)

New Jersey Supreme Court Hears Arguments on Posting Records Online

The New Jersey Supreme Court listened to a range of constituencies as it sought to reach some conclusion on a proposed expansion of access to court records by putting them online. The expansion was recommended by a commission after a two year study John Paone, Jr., representing the Middlesex County Bar Association cautioned, "There is a fundamental difference between having records open to the public and actively publishing these records." (5/29/08)

Boston Reporters Seek to Quash Source Subpoenas to in Murder Case

Two Boston Herald newspaper reporters who received defense subpoenas to reveal their sources in a Massachusetts murder case have asked a judge to quash the summonses. The reporters wrote about a letter written by the defendant to his lawyers. Attorneys for the reporters argue that, "In order for reporters to function effectively, it is essential that they appear to those they interview and to their audiences as independent of the judicial process.” (5/27/08)

Kentucky State Police Sue to Avoid Records Request

Kentucky’s state police, seeking to override an attorney general’s opinion, have asked a court in Franklin County to rule they do not have to release records from the state’s sex offender registry to the Louisville Courier-Journal. The police say they do not have the records in the electronic format the paper requested. (5/27/08)

California AG Clarifies Law on Release of Police Officer Names

California Attorney General Jerry Brown said the public has a right to know the names of police officers involved in critical incidents, including those that involve the use of lethal force. Many law enforcement agencies had declined to release names of officers since a 2006 court ruling that held that confidential information could be withheld. However Brown said there is nothing confidential in “a statement of fact that the named officers were involved in the incident.” (5/26/08)

Florida Legislature Wraps Up a Very Sunny Session

Florida’s Legislature approved only three minor open records exemptions in its just completed its 2008 session, the lowest number in years. The state’s First Amendment Foundation largely credited Gov. Charlie Crist who “sent a clear message” on open government to lawmakers. Florida’s constitution requires a specific exemption approved by two-thirds of the leigslature to deny public access to a public record. (5/26/08)

Maine Officials Now Required To Be Tested on Records Law

Under new Maine law, all elected officials in the state must certify that they have not only reviewed but been tested on the state’s Freedom of Access Act. They have until Nov. 1 to complete the training. An online tutorial is available. (5/26/08)

Missouri's Records Fee Hikes May Not Have Legal Foundation

Missouri’s Department of Revenue has begun charging $7 for individual driver license records, up from $1.25, and it has stopped giving bulk discounts to data mining firms for less than a penny a record. The Associated Press reported that based on records it gathered under the state’s open-records law that the fee hikes are apparently intended to finance a new $70 million database. That justification is not allowed under state law. (5/26/08)

New Orleans Police Agree to Speed Up Access to Incident Reports

New Orleans Police Department agreed to make incident reports available to the Times Picayune after they have been reviewed by a supervisor and any sensitive information redacted. The access agreement resolves a lawsuit brought by the newspaper over delays in access to what police acknowledge is a public record. However police didn’t want to release the reports until officially filed at central headquarters, a process that takes up to two weeks. (5/26/08)

With 5 Lawsuits, Olympia Group Launches Goverment Anti-Secrecy Campaign

The Olympia-based Center for Justice kicked off a campaign against secrecy in Washington state government by filing suits against five local governments for violating the open meetings law, and won three early settlements. "What we're really playing for is to change the culture of open records and meetings." Said the group’s director, Breean Beggs. (5/26/08)

Seattle Officials Move to Improve Service to Records Requesters

Seattle city officials, stung by a state audit that showed its compliance with the public records law was poor, are making some constructive changes to make things easier for requesters. Under the changes, citizens can now get some records without filing a formal request and they will no longer have to resubmit requests filed with the wrong agency. Also, the city will make as many records as possible available electronically, cutting copying costs. (6/9/08).

• Washington Records Audit Finds Most Agencies Friendly, Compliant
• Seattle Proves an Execption to the Pattern

Tennessee Legislature Approves New Public Records Law

The Tennessee legislature approved and sent to the governor the first major revision of its open records law in 25 years. The new law is not as strong as open government advocates hoped but Frank Gibson, executive director of the Tennessee Coalition for Open Government said it would lift the state from having the fourth worst law nationally to “potentially the 10th best.” It gives officials seven days to respond to a records request and creates an ombudsman’s office. (5/21/08)

• With Records Requst Unanswered, Watchdog Sues School Board

John Locke Foundation Rates North Carolina Government Openness

The John Locke Foundation, headquartered in Raleigh, NC, has taken a look at the state’s open government laws and issued a report card of mostly D’s and F’s. The conservative foundation graded cities, counties and the state based on a series of criteria including the ability of citizens to track to follow their tax dollars and the availability of budget data online. (5/20/08)

Embattled Detroit Mayor Establishes New Text Messaging Policy

Detroit’s embattled mayor has established a policy declaring text messages sent on city equipment as private and exempt from open records laws. The previous policy stated that all messages sent on the city’s electronic were public, a policy that led disclosure of the mayor's e-mails and resulted in eight-felony charges. (5/19/08)

• Former Chief of Staff Takes the Fifth

New Analysis of Old Law Take Iowa Nursing Home Records from Public

Iowa residents are being denied information on abuses and other incidents in state-licenses nursing homes under a new policy adopted by Iowa Workforce Development judges and the attorney general. The new interpretation of a 17-year-old law shields the names of both abusers and their employers as well as cities where the abuse took place. Curiously, the names of those cleared ob abuse are considered public. (5/19/08)

Website Established for Latin American FOI Reports

Three non-profit organizations are setting up a new website, Journalism for Access to Public Information, that will present articles and reports that are developed using open records laws in Latin America. The website will also feature case studies and commentary on freedom of information issues and list resources on the laws in each of the countries. (5/16/08)

Bill To Limit Louisiana Governor's Record Exemptions May Not

A Louisiana House-passed bill intended to limit the governor’s ability to exempt records of his office from open records law requirements doesn’t, its sponsor acknowledged after a glitch in the wording of an amendment was called to his attention. Rep. Way Waddell said his bill, which passed the House 102-0, needs to be amended again in the Senate. (5/26/08)

• Governor Puts Executive Privilege Over Transparency
• “And There’s No Reason the Governor Can Keep Secrets”

NC Panel Recommends E-mails Be Stored Longer, Officials Trained

A panel reviewing the North Carolina state government policies on e-mails recommended messages be stored for at least five years and suggested that state employees be better trained on complying with the public records law. The panel was appointed by the governor after allegations that his press office had ordered systematic destruction of e-mails. Several newspapers have sued the governor. (5/16/08)

• Charlotte Observer: Panel Didn't Do the Job

Wisconsin Media Sue Madison Over Withholding of 9/11 Tape

Four media outlets have sued the city of Madison and Dane County to force the release of the 9/11 tape of a call made by a murdered University of Wisconsin-Madison student. The media outlets are also seeking copies of documents from an internal investigation into police response to the call. Police have refused requests saying release would hamper their investigation into the murder. (5/16/08)

Tennessee Kill "Notification" Requirement in Records Bill

Tennessee lawmakers rejected a bill that would have required notification of any public officials who was the target of an open records request. Members of the House budget subcommittee killed the proposal without discussion. Open government advocates said it would both increase costs and intimidate citizens from making requests. (5/15/08)

Fighting County Hall Does Have Its Awards

An Idaho businessman who took his county to court in a dispute over fees it wanted to charge for providing the e-mails of officials has been awarded the Idaho Newspaper Foundation’s Max Dalton Open Government Award. Curtis Massood paid the first bill he got from Ada County, but sued when the second bill – for $164,700 – arrived. (5/13/08)

School Board Refuses to Release Student Altercation Tape to Parent

The School Board in Greeley, CO, refused to release to a student’s father a copy of a tape made on a school bus the day his son was disciplined for fighting. The father claims his son was simply defending himself. School officials said the privacy provisions of the Federal Family Educational Rights and Privacy Act prevent them from making school bus tapes public. About 80% of the district’s buses have video cameras. (5/12/08)

A Sharp Split in One City on the Archiving of Officials' E-Mails

Two Charlotte, NC, officials split sharply on whether e-mails should be public record with City Attorney Mac McCarley saying public requests for copies from bloggers, unsuccessful bidders and political opponents had become so burdensome that many officials had stopped sending sensitive e-messages. However Mayor Pat McCrory, a candidate for governor, said he had no problems making e-mails public and favored automatically archiving all state employee e-mail. (5/12/08)

• And To Whom Do Those E-Mails Belong?

Council Puts a Little Openness into Its Secret Meetings

Saying it has always had an interest in being open, the Borough council in Washington, NJ, adopted a resolution calling on itself to provide more advance information on its meetings. Well, not just any meetings. Its secret meetings. Now the council will have to specify which of 11 specific reasons is prompting it to go behind closed doors. (5/8/08)

Judge Decides Nevada Governor's Gun Permit Data Is Private

A district judge in Reno rejected a newspaper’s suit for documents related to Gov. Jim Gibbons concealed weapons permit. The governor surrendered his permit earlier this year after it was revealed he hadn’t completed the required training for all of his nine pistols. The Reno-Gazette-Journal said it would appeal. (5/8/08)

Judge: SC Paper Can Publish Jail Tapes of State Senator's Calls

A circult judge in South Carolina cleared the way for the Charleston Post and Courier to publish recordings of phone calls made by state Sen. Randy Scott from the Greenwood city jail after he was arrested for driving under the influence. Judge James Williams rejected a request from Scott’s lawyers to injoin the paper, noting that the tapes were already posted on several political blogs. (5/8/08).

Picketers in South Carolina Demand a More Open Government

It’s not a cause that often draws pickets, but some 20 residents of Anderson County, S.C., paraded in front of the courthouse demanding their right to know about an audit of the county’s finances. They also called for citizens and the media to have full access to public records. “It’s our money, and we deserve to know,” said one protester. (5/7/08)

SF Mayor, Citing Budget Problems, Vetoes Bill to Post Meetings Tapes

San Francisco Mayor Gavin Newsom vetoed an ordinance that would have required audio and video recording of all noticed meetings held in city hall meeting rooms, and to archive the tapes for citizen retrieval on the city’s web site. Newsom said the goal is “laudable” but that he had just directed a series of budget cuts and the tapings would cost at least $125,000. (5/7/08)

• Supervisers Override Mayor's Veto

Access to Attorney's Pay Records Denied Pending Outcome of Litigation

Cape Girardeau County denied two records requests from the Southeast Missourian, saying the records sought – names, rates of pay and reasons for the hiring of outside counsel – because the information relates to possible future lawsuits and could jeopardize attorney work product. The county said the information would be public after any legal work is concluded. (5/6/08)

AG's Investigators Sue Missouri Governor Over E-Mail Destruction

An investigative team set up by Missouri’s attorney general has alleged in a law suit that aides to Gov. Matt Blunt top aides ordered other state employees to destroy copies of government e-mails in violation of the public records law. The suit says the effort to destroy the records failed because two supervisors in the Office of Administration refused to follow the directive. A spokesman for Gov. Blunt, noting Attorney General Jay Nixon plans to run for governor next year, said the suit was “politically motivated..” (5/6/08)

• From the Shade, Missouri Governor Plays a Game of Sunshine

Iowa Governor Directs Agencies to Add Legal Fees to Records Release Costs

Iowa Gov. Chet Culver, whose office recently received two requests for extensive selections of e-mails from the Des Moines Register, has advised state agencies to begin charging records requesters the cost of having an attorney review the documents sought. The policy change could prove expensive for those seeking public records. The governor’s office told the Register one of its requests would cost more than $20,000. (5/6/08)

Ohio E-mail Dispute Goes Back to State's Supreme Court

The Toledo Blade and the Seneca County Commission asked the Ohio Supreme Court to rule on whether e-mails received by commissioners are public record. The court last fall asked the two parties to try to negotiate a settlement on records sought by the paper. But the Blade said any agreement would affect only the two parties, and not the public or the Blade on future requests. (5/6/08)

Lubbock Councilman Told to Jump FOI Hoops, Too

A Lubbock city councilman is unhappy that he’s had to jump through hoops – the same hoops the public has to navigate in filing a freedom of information request – to get information from an agency that gets more than $2 million a year in hotel-motel tax receipts. A spokesman for the agency says the law requires them to “treat all requesters uniformly.” (5/5/08)

Boston Council Violated Open Meeting Law, Appellate Court Rules

A Massachusetts appeals court held that the Boston City Council violated the state’s open meetings law when it met privately to discuss a request from the Redevelopment Authority to extend an urban renewal program. The court also said the trial judge should allow more evidence on the question of whether nine other meetings were illegally convened. (5/2/08)

Rhode Island Senate Committee Votes to Shorten Wait for Records

The Judiciary Committee of Rhode Island’s Senate approved a bill that would require records custodians to release requested public records within seven days. There had been a 10-day limit. Police would have 24-hours to release incident reports. The only opposition came from Attorney General Patrick Lynch, who said it could hurt criminal investigations, although it had the support of the Rhode Island Police cChiefs Association. (5/2/08)

Tennessee Senate Approves New Public Records Bill

Tennessee’s Senate passed a public records bill that would give records custodians five days to respond to public information requests. It would also create an open records ombudsman at the state level and drop the current requirements that only residents of the state can make a records request. The vote was 30-0. The House is considering separate, more restrictive legislation. (5/2/08)

AP Sues West Virginia Supreme Court, Seeking Chief Justice's Records

The Associated Press filed suit to force the West Virginia Supreme Court to comply with the state’s Freedom of Information Act. The AP wants the court6 to release the it’s e-mails, visitor logs and other records of the chief justice. The AP filed an earlier suit seeking communications between the chief justice and the CEO of Mazssey Energy, with whom the judge had taken a 2006 European vacation while his company had several cases pending before the court. (5/1/08)

Hawaii Legislature Approves Reporter-Source Shield Bill

The Hawaii legislature approved a reporter-source shield bill. If signed by the governor, Hawaii will become the 35th state, with the District of Columbia, to provide reporters with statutory protection when refusing to disclose information on confidential sources. Debate on the bill focused primarily on whether to include online writers and the final version requires Internet journalists to show they are serving a public interest. (5/1/08)

Media Executives in Phoenix Sue Officials Involved in Their Arrest

Two Village Voice Media executives who were arrested last October for publishing details of a grand jury subpoena issued because of reporting in the Phoenix New Times have sued the Maricopa County sheriff, the county attorney and a special prosecutor who led the grand jury. The articles focused on real estate deals involving the long-time sheriff, Joe Arpaio. Charges against the newspaper executives were dropped and the special prosecutor fired. (5/1/08)

Long After Dark, Iowa Legislature Kills Sunshine Law Reform

The Iowa legislature, operating long after sunset, killed a rewrite of the state’s sunshine laws before adjourning for the year. As the session drew to a close, the Senate passed the bill, which closed many loopholes in the public records and meetings laws and sent it to the House as part of the budget bill. Well after midnight, the House removed that section and passed the budget as it adjourned. (4/30/08)

Wisconsin AG: Personal Information in Accident Reports Is Public

Wisconsin Attorney General J.B. Van Hollen advised that police can release personal information obtained from motor vehicle records in response to public records requests. The Wisconsin Freedom of Information Council and a group of newspapers had asked for the opinion to reconcile differences in the state open records and the federal driver privacy laws. (4/30/08)

NJ Court Upholds Records Fee that Includes Lawyers' Hours

A New Jersey appeals court ruled that the state’s Division of law was acting within the public records law when it responded to a records request by asking the attorneys who drafted the mostly e-mail documents to decide what should be released and told the requesting group it would have to pay for their legal time, a total of $1,900. The New Jersey Foundation for Open Government dropped the request because of the cost, then sued for relief. (4/29/08)

County Told It Can't Treat Citizen Comments as Confidential

The Morgantown Dominion Post is going to be able to review the nearly 3,600 public comments Monongalia County received in response to a proposed ban on smoking. Circuit Judge Robert Stone ruled for the newspaper, saying that individuals who write to government officials on a public issue have no expectation of confidentiality. (4/28/08)

Maine Supreme Court Validates School Board's Executive Session

The Maine Supreme Court reversed a lower court ruling and said that the Portland School Committee die not have to allow the Press Herald to examine notes taken during an executive session. The court ruled that the committee had legitimately excluded the public from the 45-minute meeting to discuss the performance of the school superintendent and a $2.5 million budget shortfall. (4/28/08)

Nevada Court Invalidates Tax Commission's Secret Refund

The Nevada Supreme Court ruled that the state’s Tax Commission violated the open meetings law when it approved a $40 million tax refund to a utility company. The court decision voids the 2005 refund. The court said that the commission’s “practice of closing the entirety of a session” at the request of a petitioning taxpayer violates the law. (4/28/08)

• Atlanta Paper Challenges School Board Closings

Records Show Conflicting Reports on Boston Bridge's Safety

A independent inspection shows the century-old Longfellow bridge is in somewhat poorer condition than an earlier state study indicated. The state disputed the findings and refused to release the report until the Boston Globe filed a formal Freedom of Information Act request. The state said it is going ahead with recommended repairs even though it disagrees with the report’s conclusions.

Pennsylvania Taps Illinois' Mutchler for Open Records Directorship

Pennsylvania Gov. Ed Rendell has recruited Terry Mutchler, Illinois’ public access counselor, to head his state’s first Office of Open Records. The office was created as part of the first revision of the state’s public records law in 50 years. Mutchler is a Pennsylvania native and graduate of Penn State University. She worked as a reporter for the Allentown Morning Call and The Associated Press in Harrisburg before getting a law degree. She’s been the Illinois point person on public records since 2004. (4/24/08)

A Secret Meeting on a Ban on Talks with the Media

The supervisors in Upper Makefield, Pa, have some real secrecy in mind. The supervisors met in executive session to discuss an ordinance that would ban conversations with the press by city officials unless authorized by a majority of the board. The proposal was leaked by the supervisor it appears the board is most interested in silencing. (4/23/08)

Reporter-Source Shield Revision Wins Support of Hawaii's Attorney General

A reporter-source shield law is back on the table in Hawaii after a meeting between the attorney general and a media representative at which a compromise was worked out. The new draft would grant a qualified privilege for reporters to protect their sources and would define journalists to include bloggers and citizen journalists when their work is in the public interest. The new draft now goes to legislative committees for discussion. (4/23/08)

• Maine's Governor Signs Shield Bill into Law

Times-Picayune Sues New Orleans Police to Obtain for Records Delay

The New Orleans Times-Picayune sued the police department, saying it routinely delayed release of incident reports and that it failed to provide other records the newspaper requested. The newspaper listed six records requests, dating back to last December, that have not been fulfilled, including data on crimes by districts and arrest statistics. (4/23/08)

Difference Views on Records Law Compliance in Wichita

An audit of public records requests to three local governments by the Wichita Eagle produced records indicating most requests are granted, but the paper said some citizens involved may not agree with the record keeping. It profiled one resident who said his request for a council agenda was delayed and came after the meeting and a drainage study report did not have complete data. (4/21/08)

Oregon Construction Worker Keeps Busy Filing Public Records Suits

An Oregon construction worker and his attorney have turned the filing of public records suits into a business of sorts; a cottage industry in the words of one disgruntled public official. David Koenig just won $40,000 in legal fees and penalties from the city of Lakewood, which denied him records on the arrest of a police officer in a prostitution sting. In previous suits, he won legal fee and penalty judgments of $22,700, $27,000 and $83,500 against other law enforcement agencies. He said he has personally cleared between $30,000 and $50,000 from the penalties awarded. (4/21/08)

Require Local Officials Be Trained, Public Records Suit Demands

After being forced to go to court twice this year to obtain public records, a California newspaper filed a third suit, asking to court to order county officials to undergo public records training. Before the court could rule, the Glenn County Board of Supervisors agreed to set up the training sessions. (4/21/08)

Washington State Auditor Finds High Level of Records Compliance

A survey of public records compliance by the Washington state auditor found high levels of overall compliance in the 10 largest cities and counties but said some citizens got a runaround and others were ask inappropriate questions. The City of Seattle was the most bureaucratic. While there were no outright denials, the auditor’s office put the compliance rate at 87% overall. (4/21/08)

Ohio Supreme Court Rules Foster Parent Data Is Public

The Ohio Supreme Court, ignoring a recently adopted law, said the public has a right to know the names of foster parents assigned by the state to take care of children. The court said the law, which goes into effect May 14, does not apply retroactively. The ruling was 7-0. Access to the information became an issue after a child was killed by foster parents who both had criminal records. (4/18/08)

SC Governor Seals Concealled Gun Permit Information

South Carolina Gov. Mark Sanford signed into law a ban on disclosure of the names of those who have permits to carry concealed weapons. There are more than 61,000 permit holders in the state. Gov. Sanford, who has said in the past he considers permitting itself an infringement on individual rights, said he felt the right to bear arms out weighed the importance of government transparency. (4/18/08)

• State's Increasingly Shielding Gun Owners

Ex-NY Governor Slow in Turning Records Over to Archives

Former New York governor George Pataki is slow in turning over records of his 12 years in office, archivists complained. They said they’ve received only press releases and files on legislation, but not letters and e-mails. Previous governors have turned over their correspondence upon leaving the office. The delay has prompted the filing of a bill that would define what records of the governor are public and must be retained. ()4/17/08)

Ohio AG Balks at Releasing His Own E-Mail Correspondence

Ohio Attorney General Marc Dann, who has said e-mails of government officials are public records, is refusing to turn over his e-mail correspondence with a former scheduler, Jessica Utovich. The AG’s office denied a request from the Columbus Dispatch for all written correspondence between Dann and Utovich last September, October and November because it was "overbroad." (4/17/08)

• Mississippi Governor's E-mails Available for ,500-a- D

Phone Numbers Pulled from Accident Reports in Texas

Police chiefs in many Texas cities have agreed to discontinue putting phone numbers of those involved in auto accidents in their incident reports. The decision came after negotiations between Texas departments of public safety and a Committee on Insurance Fraud about ways to stop ambulance chasers. A bill to mandate a 30-day delay in disclosure of accident reports failed in last year’s Texas legislative session. (4/17/08)

Pittsburgh Post-Gazette Sues WVU Over Access to Records

The Pittsburgh Post-Gazette sued West Virginia University, saying the university’s response to a request for records related to the award of an MBA to the daughter of the Gov. Joe Manchin violated the state's open records law. “"The university has engaged in a constant and consistent practice of delay, evasion and concealment," the newspaper said in its complaint. (4/17/08)

SF Chronicle: 911 Reports Show Emergency Response Short of Goals

The San Francisco Chronicle used the city’s Sunshine Ordinance and the state Public Records act to get records of four years of 911 dispatch logs, including more than 300,000 medical calls. It used the data to calculate emergency response times and found the emergency crew failed to meet response time goals one-fourth of the time. (4/17/08)

• How the Chronicle Conducted the Study

West Virginia University Sued Over Records on MBA Award

The Pittsburgh Post-Gazette sued West Virginia University, saying the university’s response to a request for records related to the award of an MBA to the daughter of the Gov. Joe Manchin violated the state's open records law. “"The university has engaged in a constant and consistent practice of delay, evasion and concealment," the newspaper said in its complaint. (4/17/08)

Yale Agrees to Release Records on Campus Police

Yale University said it would make public internal police records rather than go to court over an unfavorable ruling from Connecticut’s Freedom of Information Commission. The commission ruled after police refused to turn over disciplinary records of the arresting officers to the attorney for a teenager charged with riding his bike on a city sidewalk. (4/17/08)

Animal Rights Activists Prompt UC Bid to Seal Records of Academics

The University of California has asked the legislature to restrict public access to information about those who do animal research and to make illegal to put personal information about those research academics online. UC said the request followed months of harassment, threats and vandalism at the homes and offices of university researchers. But a spokesman for one animal rights group said it would not stop protests. (4/16/08)

California Senate Blocks Confidentiality Agreements with Contractors

The California Senate approved, 33-1, a bill to prevent private companies who contract with government from using confidentiality agreements to keep their deals secret. The bill followed an effort by the San Francisco Chronicle to obtain records on a $165,000 audit done by a private firm for the University of California. The bill now goes to the House. (4/16/08)

Federal Judge Denies New York Police Bid to Submit Secret Affidavit

A federal judge upheld an earlier ruling denying a request by the New York Police Department to be allowed to file a secret affidavit in a law suit involving the department’s arrests and detaining of people protesting at the 2004 Republican convention. In the initial ruling, Federal Magistrate James Francis denied Cohen's request, calling it "antithetical to our adversary system of justice." District Judge Richard Sullivan upheld that decision. (4/16/08)

Illinois Witholds Background Records on Governor's Pardons

The governor-appointed Prisoner Review Board refused to release details surrounding the pardons granted by Illinois Gov. Rod Blagojevich since 2003, saying it would be an “unwarranted invasion of personal privacy.” The Chicago Sun Times had sought the records in the wake of two pardons that appeared politically connected. The governor’s office said the withholding of records was a decision of the board and the governor had no comment. (4/16/08)

Iowa Senate Approves New Records, Meetings "Sunshine" Law

By a 43-6 vote, The Iowa Senate agreed to create a new citizen’s board to help the public gain access to public records and meetings. The bill was strongly opposed by lobbyists for cities, counties, school boards and public hospitals and it has yet to be considered by the House. The local officials are particularly concerned about what they say is ambiguity in the open meeting provisions. (4/16/08)

• House Committee Guts Open Government Bill

Media Brief Opposes Closing Portions of Idaho Murder Trial

Eighteen news organizations urged a federal judge in Boise, ID, to keep his courtroom open in the trial of confessed killer Joseph Duncan. U.S. District Court Judge Edward Lodge is considering whether to close the courtroom if a kidnap victim is called to testify or if the jury is shown a graphic videotape Duncan made as he tortured and killed her brother. (4/16/08)

Nevada Sheriff Mum on Governor's Flawed Concealed Gun Permit

Nevada’s governor has nine handguns but the local sheriff isn’t talking about how the governor got a permit to carry them without obtaining the required training in the use of each. The sheriff said his interpretation of state law – an interpretation disputed by a number of other Nevada sheriffs – is that it gives confidentiality to all information related to the gun permitting process. (4/16/08)

Proposed Contractor FOIA Exemption Dies in Connecticut Legislature

The joint Senate-House ethics committee let die a bill that would have exempted state contractors from the state’s Freedom of Information Act. Rep. Christopher Caruso and Sen. Gayle Slossberg, co- chairs of the committee, adjourned the committee meeting without taking up the bill, effectively blocking action this session. They called the proposal a threat to public accountability. (4/16/08)

New Texas Solicitor General Helped Craft FOIA Reform Bill

James C. Ho, who as chief counsel to Sen. John Cornyn, R-TX, helped craft the OPEN Government Act reforming Freedom of Information Act procedures, has been named solicitor general of Texas. In his new role, he will be the top legal advisor to Attorney General Greg Abbott. (4/11/08)

Florida Judge Gags Sheriff, Others in Teen Beating Case

A judge in Florida’s Polk County barred the sheriff and others involved in the investigation of the videotaped beating of a teenager from discussing the case publicly. Judge James Franklin said the sheriff’s office had already released “a barrage of inflammatory” information about the case in which eight people have been arrested. Lawyers for area media said the ruling was premature and would effectively stop the flow of all information to the public about the crime. (4/10/08)

• Seal Trial Location, Pennsylvania Supreme Court Says

Maryland Judge: Blogger Can't Use Shield Privilege in Libel Case

A district court judge in Maryland ruled that a blogger being sued by a local police chief for defamation is not fully protected by the state’s shield law. Judge Gerald Purnell said the blogger must detail his efforts to verify the content of a letter he posted critical of the chief. He said, however, the blogger, Joseph Albero, did not have to identify the source. (4/10’/08)

North Carolina Media Sue Goverrnor Over E-Mail Destruction

Almost a dozen media organizations sued North Carolina Gov. Mike Easley, asking the Superior Court to declare that the governor violated the public records law in “systematic deletion, destruction or concealment” of e-mail messages. Easley has since acknowledged that the most prominent e-mail destruction should not have happened and he has appointed a commission to come up with recommendations on new procedures and laws. (4/16/08)

• New Study Shows at Least 3 Officials Destroyed E-mails
• Destruction of E-Mails Violates Law, Panel Told
• Expert Says E-Mail Policy Meets the Law
• Panel Will Urge More Training for State Officials

Colorado Court Releases Full Indictment in Case of Missing Girl

The Colorado Supreme Court ruled that the entire indictment of the father of a missing six-year-old girl must be released. Prosecutors had released only a listing of the 60-count indictment, with no supporting facts. The Denver Post and the Associated Press filed a lawsuit seeking the additional information in the indictment. (4/8/08)

FBI Turns to FOIA to Gather Records in School Corruption Probe

The FBI office in El Paso, which says it was gathering information on large government contracts, filed a state Freedom of Information Act request with two area school districts for their largest purchasing deals. An agent declined to respond when asked if the information was gathered as intelligence in a current public corruption case involving school systems. (4/7/08)

Open Government an Issue in Washington Appellate Court Race

Open government is all but certain to be a prominent issue in the campaign for a court of appeals judgeship in Washington state. Tim Ford, the public records advocate in the attorney general’s office, filed against incumbent Judge Joyce “Robin” Hunt, who ruled for non-disclosure of information in two high profile cases, one involving an gas pipeline and the other release of a school bus videotape that showed bullying of a child whose parents sued the school system. (4/7/08)

Iowa Economic Grants Bill Would Seal Additional Information

Iowa lawmakers are considering a bill that would keep confidential more of the information corporations submit in applying for state economic grants. The legislation has passed the House and a Senate committee. Supporters claim companies are reluctant to apply for grants to increase research into renewable fuel production without the safeguard. Opponents say it could keep the public from knowing about projects that they would oppose. (4/3/08)

• New Mexico AG: Local Development Corp Subject to Records Law

Louisiana May Extend Exemption for Development Activities

A senate committee in Louisiana approved legislation that would permit economic development officials to negotiate privately with businesses considering a move to the state. Proponents claim businesses would look elsewhere if negotiations were not kept secret. “We’re in a competition that’s growing more and more challenging every day,” Economic Development Secretary Stephen Moret told a Senate committee. The bill would extend the exemption until 2012. (4/3/08)

Maryland Homeowners Oppose Digital Photo Record Plan

More than 100 residents of Maryland’s St. Mary’s County persuaded the county commission to hold off on plans to take digital photos of all the homes as an aid to fire department emergency response efforts. The photos would be part of a mapping program. The homeowners said they didn’t want the privacy of their homes invaded. (4/3/08)

Tennessee Handgun Exemption Dies in Committee

A bill that would have made confidential handgun permit information died in the Tennessee House. As a result, names and addresses of permit holders will remain public. The vote was not without some political intrigue, including a hasty committee vote to support a records exemption for handgun records after two opponents left the room. Then the House speaker and the chamber’s newest member showed up, called for a new vote and defeated the exemption. (4/3/08)

WashingtonState Auditors Test Agenies, Cities on Records Compliance

Washington state auditors, after a near year-long survey of public records request compliance by 30 cities, counties and state agencies, concluded that officials are doing “fairly well.” The full results won’t be released for a month, but the Spokane Spokesman Review said. It took Spokane County 18 days to provide a job description and city police never did respond to a request for travel information for top officers. (4/3/08)

New Jersey Supreme Court Releases Some Records on Attorneys

The clerk of the New Jersey Supreme Court complied with the request of a Web site operator for limited information on the state’s lawyers. The operator, Seattle-based Avvo, petitioned the court after the clerk initially rejected the request. Released were name, business address, business phone, registration number and date of admission to the New Jersey bar. (4/2/08)

New Law Will Open Some Mississippi Law Enforcement Information

Mississippi Gov. Haley Barbour signed into law a new public records bill requiring law enforcement agencies to provide a narrative description of any alleged crime, including the name the person charged and the time, date and location of the crime. More detailed information, such as investigative techniques and names of informants, are exempt. A spokesman said the governor considered it a “good compromise.” (4/2/08)

Florida Legislature Urged to Exempt Closed Pre-Litigation Meetings

The city of West Palm Beach has asked the state legislature to approve a new law that would let council members meet privately to discuss upcoming tort suits, suggesting this would permit quicker, less expensive settlements in some instances. Current Florida law requires anyone who wants to file a tort claim against the government to give six months notice, but council members can’t meet privately to discuss a case until litigation is filed. (4/1/08)

E-Mail Battle Rages on Two Fronts in California City

Another e-mail battle. One California businessman filed a complaint with the public integrity unit of the San Bernardino County District Attorney’s Office to force the city of Colton to keep official e-mails for at least two years. A second filed suit seeking a court order forcing the city to release e-mail records it currently has. (3/31/08).

• After Year, City Releases E-Mail, Harassment Probe Records
• School Officials Tapped into Board's E-mails

Open Records Advocates Question Number of Tennessee Exemptions

Tennessee lawmakers have written 250 exemptions to the state’s public records law since it was first adopted in 1957, leading open government advocates to contend the law is too easy to modify and lawmakers are too responsive to special interests who seek greater privacy. They also contend the exemptions are too broad, resulting in too much government secrecy, the Tennessean reports. (3/31/08)

Connecticut Ethics Officials Broke Records Law, FOI Panel Rules

Connecticut’s Office of State Ethics and the Citizen’s Ethics Advisory Board violated the state public records law when they refused to release records on the job performance of the state’s ethics director, the state’s Freedom of Information Commission ruled. The commission had previously ordered the records released to a Hartford Courant reporter after a four month delay. The reporter then asked for a specific ruling on the legality of the withholding. (3/27/08)

Federal Judge Blocks Limited Release of Michigan Voter Records

A U.S. District voided Michigan’s presidential primary election law, under which the Democrat and Republican political parties could obtain individual voting records but other political parties and the public were closed out. As a result of the ruling by federal Judge Nancy Edmunds, the voter information will not be released to anyone. (3/27/08)

Public Records Reveal Only Part of What's in Your Water

While federal regulations require that water providers issue annual reports that reveal levels of regulated contaminants, there’s no law that requires the public be given information on pharmaceuticals in drinking water – and few, if any, do, the Associated Press reported. However, several hours after being interviewed, a top EPA administrator said his office would do everything possible to encourage utilities to provide that information. (3/27/08).

Arizona Court: TV Reporter Didn't Waive Shield Law Rights

An appellate court in Arizona rules a Phoenix television reporter did not waive his rights under the state’s reporter-source shield law when he declined to identify who gave him documents used in a report on a fatal rollover accident. To rule otherwise, the court said, would chill the free flow of information to the public. (3/26/08)

Bill to Seal Handgun Records Introduced in Tennessee Legislature

A bill that would seal the records of those licensed to carry handguns has been sponsored in the Tennessee legislature by the Senate majority leader, Mark Norris. It would be the 28th state with such a law but the Norris proposal, which has a House companion, would go further, threatening to imprison anyone who published permit information. (3/26/08)

Oklahoma Supreme Court Withdraws Ban on Posting Court Records

The Oklahoma Supreme Court withdrew its earlier order restricting public access to court records. The reversal came in response to strong criticism from the law enforcement community, business, court clerks, lawyers, journalists and other open government advocates. The new rules, which were intended to provide greater protection against identity theft, were to take effect June 10. They would have prevented Internet posting of court pleadings. (3/26/08)

Washington's Sunshine Committee Makes First Recommendations

Washington State’s Sunshine Committee has come up with two early recommendations in its review of open government laws. It suggested that information be disclosed on finalists for top government jobs and on investigations into the deaths of children. The panel did not deal with appointments to volunteer boards. (3/26/08)

Exploring the Sometimes High Cost of Records Access

The cost of obtaining public records can often be a means of denial. That’s why a $223 bill to a citizen seeking records on a former employee prompted the Ft. Myers News-Press to take a long look at records pricing practices in its area. The Oregonian told of a local man told he’d have to pay $140 for a police report. And Flint Journal reporter Bryan Mickle said he could buy a book for less than the city wanted to charge him for two job descriptions. (3/25/08)

• It's Cheaper at Barnes & Noble
• 1 for a Copy, 0 Just to Look at Record
• Resistance and a Steep Price Tag

Family History Driving Much of Citizens' Public Records Searching

What are the records most frequently sought by the average citizen? Organ State Archivist Mary Beth Herkert says it’s birth and death certificates, marriage licenses and other data that help geneologists track family histories. And a lot of folks go to police logs when they’ve heard a siren in the neighborhood the night before. Environmental records drive a lot of online research, too. (3/25/08)

Florida FOI Audit Finds Agencies Helpful but Often Wrong

The Florida First Amendment Foundation conducted its third FOI audit, this time looking at the open records performance of 34 state agencies. It found officials generally helpful but often unaware, not only of the law but of who in the agency should be contacted to deal with a records request. Half of the agencies violated at least one of the law's requirements. The Florida audit was just one of many around the country conducted in conjunction with Sunshine Week. (3/25/08)

• Florida Governor to Agency: Give Reporter Data
• Lufkin, Tx, Officials Want to Know Who's Asking
• Ocala: A Citizen and a Reporter Seek Same Records
• Appleton: What Happened to the Meeting Notice
• Gatehouse: Federal FOIA Performance Spotty
• One in Seven Iowa Sheriffs Missed Records Deadline
• For These Reporters, the Experience Is the Message

Michigan Schools Urged to Post Spending Informtion

What’s good public policy? The Mackinac Center in Upper Michigan launched an initiative to get public school districts throughout the state to open their check registers for public inspection on the Internet. The center said it would compile a single Web listing for all the districts that participate. The state and local districts spend about $19 billion tax dollars a year. (3/25/08)

Records Law Confusion Keeps Arizona Ombudsman Busy

In its first year handling public access issues, Arizona’s Ombudsman and Citizens’ Aide fielded 368 inquiries, with 198 of those coming from the public, 138 from government officials and 38 from the media. The agency decision-making on release of information “has become very subjective and discretionary” said Elizabeth Hill, who handles access disputes for the office. “That’s the fault of our public records law.” (3/25/08)

Connecticut FOI Commission Proposes Exempting State Employee Addresses

The Connecticut Freedom of Information Commission is seeking public records exemption that would keep the home addresses of all state employees private. The commission suggested the broader exemption after the Environment Committee backed a bill excluding addresses of Environmental Conservation officers, fearing they might be victimized by angry hunters. (3/24/08)

Minnesota Supreme Court Rejects Prosecutor's Bid for Reporter's Notes

The Minnesota Supreme Court has rejected a local prosecutor's effort to force the Mankato Free Press to turn over a reporter’s notes from a telephone interview with a man who took his own life during an armed standoff with police. The high court refused to review an appellate court decision that said the paper did not have to comply with a subpoena for unpublished information because of the reporter-source privilege granted by the Minnesota shield law. (3/21/08)

• Santa Barbara Paper Posts Disputed Photos on Website

South Dakota Group Presses for Contract Data Online

A South Dakota open government advocacy group said it is submitting enough signatures to the Secretary of State to force a November vote on a series of initiatives, including a measure requiring the state to build a website with information on all state contracts over $500. (3/21/08)

Utah AG Publishes Pocket Guide to Open Government

Utah Attorney General Mark Shurtleff is publishing a pocket-sized guide to the state’s public records and open meetings laws called, “The Open Book.” Commenting that “open government is better government” he said he hoped the handbook, question-answer format, would help in assuring that “the public’s business is conducted in public.” The AG’s office also publishes a 190-page Handbook for the Utah Government Records and Management Act. (3/20/08)

Iowa Records Complaints Double; Lawmakers Consider Several Reforms

The Iowa ombudsman’s office says citizen complaints about government compliance with open meetings and records laws have nearly doubled in the last five years. The office has told legislators it lacks the authority to resolve many of the disputes. As a result, lawmakers are considering several proposals to give the laws more teeth, including a five member commission to mediate disputes. (3/19/08)

• Public Information Board Could Be Strong Ally

Access to Records, Meetings Increasingly Restricted After 9/11

An Associated Press analysis of laws passed in the 50 states since 9/11 shows a steady increase in limits on access to government information. Legislatures passed more than 1,000 new laws involving access, and more than twice as many restricted disclosure as opened government books. States passed 616 laws that restricted access — to government records, databases, meetings and more — and 284 laws that loosened access. Another 123 laws had either a neutral or mixed effect, the AP found. (3/18/08)

• GateHouse Papers Audit Cell Phone Records
• Access Audit: Teacher Contracts, Yes; Superintendents, No
• Binghampton: Checking on Teacher Incentives
• Arizona Republic: Q & A with the Attorney General
• Memphis Commercial Appeal: Ask and Maybe You'll Receive
• California Legislature Plays by Its Own Rules
• Florida Agencies Mostly Follow Records Law
• What You Wouldn't See Without Public Records
• Records Checking Brings an Unexpected Dividend

Florida Launches Online Training for State Records Managers

Florida Gov. Charlie Crist and Secretary of State Kurt Browning announced an online training program in records management to help government workers provide better access to public records. The first four training session were quickly filled. The secretary of state’s office expects to hold four more by the end of March. (3/18/08)

• Legislature Considering More than 30 Open Government Bills
• New York FOI Committee Releases Educational Video

Hello Sunshine, Here Are Five Open Meetings Lawsuits

A Washington state courts opened for Sunshine Week, a Spokane-based public interest group, the Center for Justice, filed lawsuits against five government agencies for conducting improper executive sessions or other secret meetings. One suit said the Regional Clean Air Agency met in secret for eight months in picking a new director. The suits also named a school board, fire district and two city councils. (3/18/08)

American-Statesman Looks at The Everyday Use of Records in Reporting

The Austin American-Statesman provided a Sunshine Week look at the role public records play in everyday reporting with a detailed look at its reporting efforts in the past year. "I pretty much always have a request for information out there," said one reporter who covers state government. The article also recounted some problems reporters ran into during the year when they sought routine information. (3/17/08)

• Dallas: The Stories You Wouldn't Have Seen
• How Atlanta Journal Constitution Used Public Records
• Bellingham: Stories that Depended on Records Requests

Officials' E-Mail Increasingly Being Viewed as Public Record

Those supposedly private e-mails that public officials send on their government cellphones to friends and colleagues may not be private after all. Increasingly, those text messages are being treated as records subject to state and federal disclosure laws, USA Today reports in a review of some recent high profile e-mail records cases. (3/17/08)

• Trying to Keep E-Mails from Public View
• 491 Minutes of Talk, 35 E-mails, But With Whom?
• The Disputes Around the Country
• Virginia Governor Says Release Is Discretionary
• Surprisingly Little from Check of Governors' E-mail
• Upstate NY Officials Using Private Accounts for E-mail
• Massachusetts Governor Claims His Records Aren't Public
• State of Connecticut E-mails: 4 Million a Month, 25,000 Accounts
• South Dakota Governor Says He Rarely E-Mails

Alaska Governor, Claiming Executive Privilege, Withholds E-mails

Taking a page from the White House book, the office of Alaska Gov. Sarah Palin, now the Republican vice presidential candidate, is now refusing to release e-mails to and from her advisors, claiming executive privilege. However, at least one Alaskan had already obtained some e-mail through an earlier Freedom of Information request. And Dan Fagan, a radio talk show host who is the subject of at least one-email, questioned how executive privilege could be cited when the governor’s husband was sent a copy. (9/4/08)

McCain Allows Press Into Top Ticket Fundraiser

Sen. John McCain reversed course and allowed reporters to attend a private fundraiser in Richmond, Va. The presumed Republican nominee has kept fundraising events off limits to the press for months without explanation. The event included a $10,000 reception and a $1,000 a ticket luncheon. (6/9/08)

County Council Candidates Questioned on Access to Records

The Anderson Independent Mail asked candidates for the county council their view on access to budget information and other county records after one council member sued the administration over a delay in getting information. Others citizens have complained about the fees charged. Several incumbents said the administration is sufficiently open now but opponents called for greater access. (6/4/08)

Pledge of Openness Was Key to Victory, New Muskogee Mayor Says

John Tyler Hammons, the new mayor of Muskogee, Okla., says that what most resonated with voters – he picked up 70 percent of the vote – was his commitment to openness in government, keeping citizens better informed about city operations, and restoring trust. “I think that’s been a detriment,” said Hammons, who is a 19-year-old freshman at the University of Oklahoma. (5/15/08)

A Successful Campaign Inspired by the Need for Transparency

The new mayor of Greenwich, NY, decided to seek the office when the incumbent was quoted as saying, “things are easier to get done when the public doesn’t show up.” That also convinced David Doonan to make open government the heart of his campaign. He pulled 70% of the vote. His first two moves: a regular Mayor’s Report to residents and taping of council meetings so the video can be available online. (5/5/08)

Sacramento Mayoral Candidates Asked About Opening Calendars

The Sacramento Bee asked the seven candidates for mayor a series of issues questions, including an opener on open government – whether they’d make their appointment calendars public. Six of the seven said “yes” although one suggested she might have to keep a second calendar for personal matters. Only the incumbent mayor said “no.” (5/1/08)

Alaska Senate Candidate Pledges Bridge to Open Government

In the land of the bridge to nowhere, the mayor of Anchorage announced his candidacy for the U.S. Senate with a promise to restore open government. Mark Begich said he'd work to pass a Federal Transparency Act that would include financial disclosure of every dollar of income a senator and their spouse receives, and would require senators to post the information on the internet. It would also include posting every meeting between an elected official and a lobbyist on the web. (4/23/08)

NC Governor Candidates Respond to Open Government Questions

The Associated Press put three questions on open government to all eight candidates for governor in North Carolina. All responded. Two questions followed up on current e-mail controversies and whether as governor they would make their correspondence readily available. The third involved whether employee disciplinary records would be made public on request. (4/23/08)

• NC Papers Pool Reports on Open Government Stances

2 in New Jersey Township Pin Campaigns to Open Government

Two independent candidates running for a township council in New Jersey are staking their campaigns on open government. Their goal, they say, is to make Lower Township “the most open municipal government in New Jersey. We start with the premise that government should release all information to taxpayers … and to keep private only that which we cannot legally release.” (4/16/08)

Presidential Candidates on Open Government and Shield Law

The three presidential candidates all spoke on issues of freedom of information and government transparency when they appeared at the annual conference of the Newspaper Association of America and the American Society of Newspaper Editors, April 14 and 15. Sen. McCain announced he had “narrowly” decided to support a reporter-source shield bill. Sen. Clinton promised to “restore openness” in the federal government, among other things reversing the Ashcroft memo. Obama said he would work for transparency and accountability. (4/16/08).

• McCain Explains Decision to Support Shield Law
• Clinton Promises to Restore Openness
• Obama Says He'll Work for Transparency

Comparing the Candidates on Reversing Ashcroft FOIA Memo

Democrat Barack Obama and Republican John McCain have promised, if elected, to review the Freedom of Information Act policies established by the Bush Justice Department. Democrat Hillary Rodham said she will reverse the policy and replace it with one that pledges release of information unless disclosure will do harm. (3/27/08)

Government Secrecy Becoming an Issue in Presidential Race

Government secrecy is emerging as a hot issue in the presidential race, with Sen. Barack Obama calling Sen. Hillary Clinton “one of the most secretive politicians in America today” and Clinton’s campaign responding that Obama should stop stonewalling on his connection to an indicted Chicago political fund-raiser. Sen. John McCain is being criticized for failure to release tax returns or medical records. (3/24/08)

• Candidates Promise Openness, But Are Slow With Responses

Questioning the Candidates at the State, Local Levels

Several newspapers and open government coalitions used Sunshine Week to question local and state candidates on government transparency. The North Carolina Open Government Coalition put freedom of information questions to all statewide candidates and The Charlotte Observer followed that with questions to each of 19 county commission candidates. The Denton, TX Record Chronicle put questions to 76 local candidates and FOI Oklahoma said it would all state candidates to sign an open government pledge.

• Charlotte Candidates on Openness
• Two-Thirds Respond to Denton Survey
• FOI Oklahoma's Pledge
• Only 1 of 9 Congressmen Respond to Questionnaire
• Mayor: Goal Is Year-round Sunshine

A Few Things You Might Want to Know About Your Congressperson

The Gannett News Service offered a quick Q&A to finding out more about the members of Congress with links to a variety of web sites providing background information, bills sponsored and voting records, campaign contributors and net worth. (3/19/08)

OMB Survey Offers Top 5 Open Government Questions for Candidates

What do people most want to ask the presidential candidates? OMB Watch conducted an informal online survey asking the self-respondents to select the top five of 12 questions related to open government. More than 2,000 people responded, putting questions about manipulation of facts and executive privilege at the top of their lists. (3/19/08)

AP President: Media Must Hold Candidates Accounable on Openness

At a time of continuing government secrecy, presidential candidates should be pressed by the media on whether their administration would enforce “the spirit as well as the letter of the law” protecting the public right to know, Associated Press President Tom Curley said in a Sunshine Week speech. "Secrecy is one of the handiest tools for government that wants to be accountable only to itself.” (3/18/08)

• Text of Tom Curley's Speech

Sen. Clinton Responds to Sunshine Campaign Open Government Survey

Senator Hillary Rodham Clinton, D-NY, says she is "committed to restoring open government" by not only mandating more open meetings and release of public documents, but also by nominating "an attorney general who has a proven commitment to open government." In her response to a Sunshine Campaign survey of presidential candidates, she said federal agencies should operate under a presumption of openness unless release of information would cause harm. (3/16/08)

• Archives Releasing Sen. Clinton's Schedules as 1st Lady
• Finally, a Debate Over Openness
• Court Grants Judicial Watch Discovery in Clinton Records Case

Study Shows Military Justice System Runs a Mostly Closed Shop

The military justice system is highly secretive, with the public having little opportunity to learn of criminal hearings conducted by military courts, which largely operate without dockets, the Reporters Committee for Freedom of the Press reported after a yearlong study. “Unfortunately, in this regard, members of the armed services have fewer rights than those granted to criminal defendants in civilian courts” said Reporters Committee Executive Director Lucy Dalglish. (8/19/08)

FBI Director Admits Agency Snooped on Reporter Phone Calls, Apologizes

FBI Director Robert S. Mueller disclosed that his agency had improperly obtained phone records of reporters for the New York Times and the Washington Post as part of an unspecified national security investigation four years ago. Justice Department rules prohibit such action without approval of a deputy AG. Mueller disclosed the breach in phone calls to editors of the two newspapers in which he apologized for the actions. (8/12/08)

• Incident Shows Need for Reporter Protection, 2 Senators Say

Labor Department Rushes Worker Safety Rule Change Without Public Notice

The Department of Labor – having ignored a requirement to give public notice of a regulatory change -- is rushing to push through a new rule that Will make it tougher to regulate the on-the-job exposure by workers to chemicals and toxins. The proposed rule change only surfaced when the White House Office of Management and Budget posted a notice on its website that it was reviewing the proposal, identified only by its nine-word title. No text is available. (7/24/08)

Federal Appeals Court Says "Early Warning" Accident Data Must Be Released

The federal appeals court in Washington DC ruled that the government cannot withhold information on serious automobile accidents from the public. The decision came in a suit brought by Public Citizen against the National Highway Traffic Safety Administration to force release of data reported to the agency by tire makers, car manufactures and motorcycle companies under the Early Warning law passed in 2000. (7/23/08)

GOP Senators Put Hold on Bill Forcing Disclosure of Presidential Library Donors

Republican senators are blocking Democrat efforts to pass a bill that would force the disclosure of donors to the libraries of all living presidents. The purpose may be delay, Pro Publica suggested, since the bill exempts any donations made before the bill’s passage. A spokesman for Sen. Majority Leader Harry Reid said Republican senators have a hold on the bill. (7/18/08)

Judge Releases Reporter Bill Gertz from Order to Reveal His Sources

Washington Times reporter Bill Gertz won’t have to reveal his sources to a federal judge in California – indeed, Judge Cormac Carney actually praised him for his reporting after he submitted a brief on why confidential sources are critical. But the Justice Department revealed it plans to subpoena him before a grand jury as part of an investigation into who leaked him information for the story about spying for China (7/25/08).

• Gertz' on the Importance of Confidential Sources
• Pennsylvania Judge Tosses Subpoenass for 15 Reporters
• Kentucky Judge Cites 1st Amendment, Quashes Subpoena

White House Blocks House Committee's Effort to Get FBI Records

The White House is blocking an effort by the House Government Reform Committee to obtain FBI reports about the leaking of former CIA operative Valerie Plame’s name. The Administration said the interviews Vice President Richard Cheney and others in his office gave to agents was protected by executive privilege. The committee had issued a subpoena for the records to Attorney General Michael B. Mukasey. (7/18/08)

Federal Judge Says President Can't Authorize Surveillance Without FISA

The chief federal judge for Northern California rejected a government claim that the president’s constitutional authority as commander in chief trumps the Foreign Intelligence Surveillance Act, which limits government surveillance of citizens. Judge Vaughn R. Walker, who is hearing more than 40 consolidated cases involving the secret surveillance authorized by President Bush, said FISA was the “exclusive” means under which federal agencies could eavesdrop on Americans. (7/3/08)

• A Bizarre and Troubling Tale

FOIA Backlog Down, But Agencies Missed Opportunity for Major Breakthrough

A just completed study by the Coalition of Journalists for Open Government shows that federal departments and agencies made little progress in responding to Freedom of Information Act requests, despite a two-year-old presidential directive to improve service. The report, “An Opportunity Lost”, says agencies cut staff and FOIA spending in 2007 and as a result failed to take advantage of a sharp fall off in FOIA requests to make significant reductions in the backlog of unprocessed requests. (7/3/08)

• A Detailed Look at Performance in 2007
• At Further Look at Performance
• If Only We Had Known That Six Years Ago

Sen. Leahy Pushes for FOIA Ombudsman Funding

Sen. Patrick Leahy, D-VT, noted the 42nd anniversary of the Freedom of Information Act in a speech on the Senate floor, urging colleagues to move forward with funding for an FOIA ombudsman called for in the OPEN Government Act that passed Congress and was signed by the President last December. “Establishing a fully funded OGIS is essential to reversing the troubling trend of the last 7 years towards lax FOIA compliance and excessive Government secrecy, “ he said. (6/27/08)

Judge Rules for NSA Secrecy in Guntanamo Detainee Case

A federal district judge in Manhattan ruled that the National Security Agency does not have to tell lawyers for Guantanamo Bay detainees whether or not it wiretapped their telephones because either confirming or denying the surveillance would reveal national security information. U.S. District Judge Denise Cote said the intelligence agency cannot be required to disclose information about its surveillance programs. (6/26/08)

House Approves Bill to Make Advisory Committees More Transparent

The House passed a bill (HR 5687) to strengthen the disclosure provisions required of federal advisory committees. The bill was introduced by Rep. William Lacy Clay, D-MO, and Rep. Henry Waxman, D-CA. Itl requires committees to disclose whith whom they meet and the recommendations they receive from special interests. (6/25/08)

• Text of HR 5687

Classification Rate Hits 23 Million; Costs Rise to $9.9 Billion

The pace of government secrecy picked up in 2007 as federal agencies made 23.1 million decisions to classify information, up from 20.5 in 2006 and 14.2 million in 2005, the Information Security Oversight Office reported. At the same time declassification fell from 37.6 million pages in 2006 to 37.2 million pages last year. And the cost of classification for government and industry rose to $9.9 billion. (6/19/08)

Rep. Harman FIles "Improving Public Access to Documents" Bill

Rep. Jane Harman, D-CA, has filed a bill titled the “Improving Public Access to Documents Act” but Secrecy News questions whether it will live up to its title in making the new class of “Controlled Unclassified Information” available. The bill directs the secretary of Homeland Security to develop policies to implement the CUI framework, a task the administration has given to a new and still unfunded office at the Archives. (6/9/08)

Washington Times Reporter Subpoenaed in California Spy Case

Washington Times reporter William Gertz, who covers national security issues, has been ordered to appear before U.S. District Judge Cormac Carney in Santa Ana, CA, and identify sources for a story he wrote about the prosecution of a Chinese spy ring in Southern California. At the direction of Judge Carney, government investigators interviewed some 500 individuals to determine who leaked grand jury information. (5/30/08)

• Defense Wants to Call Reporter in Porno Trial
• Reporter Asks Court to Quash Subpoena

Justice Department Issues New FOIA Reporting Guidelines

The Justice Department has issued new guidelines to federal agencies, requiring them to provide more information on their Freedom of Information Act performance each year. The new guidelines cover reporting reforms mandated in the OPEN Government that passed Congress last December. Melanie Pustay, director of Justice’s Office of Information and Privacy said the new guidelines will make the reporting process more transparent. (5/29/08)

• The Justice Department Guidelines

Intelligence Community's New Open Source Website Is Not Reciprocal

The website for the new Open Source Center established by the national intelligence director is a closed source to the public even though the information is, by its very nature, unclassified. “Content available via this website must not be disseminated to the public,” said a notice recently posted on the password-protected website. (5/19/08)

• Defense Intelligence Oversight Is Cut Back

Senate Committee: Cyber Security Plan Is Too Big a Secret

The new National Cyber Security Initiative launched to deter attacks on government information networks is apparently too secret for its own good. “If no one knows its concepts or capabilities,” the Senate Armed Services Committee in a new report, the program can hardly serve as a deterrent. The committee urged the administration to “reconsider the necessity and wisdom of the blanket, indiscriminate classification levels established for the initiative." (5/15/08)

• House Report: Excessive Classification Hurts Collaboration
• Why Private Industry Is Wary
• A Stinging Rebuke to Administration's Cyber Security Effort

Could a Press Release Be Controlled Unclassified Information?

The government’s new policy on the use of “Controlled Unclassified Information” to designate sensitive information that needs to be protected from the public is, if nothing else, sweeping. Secrecy News points to a White House background paper on CUI that says the designation could even be used to hold back an “embargoed press releases.” It also says the marker could be used to withhold some documents for decades. (5/27/08)

• White House Has a New Name for Unclassified Secrets
• The White House Directive
• Archives Gets Task of Making CUI Make Sense

Reporter Facing Contempt Fines Urges Media to "Turn and Fight"

Former USA Today reporter Toni Locy, who faces fines of up to $5,000 a day for failing to reveal sources in stories she wrote about the 2001 anthrax attacks, urged news organizations to go on the offensive in the fight to protect the First Amendment. "It's time to stop running. It's time to turn and fight. If we don't fight for the First Amendment, who will?" Locy said in a speech to the National Freedom of Information Coalition. She said a national shield law is critical to enable reporters to protect their sources. (5/12/08)

• Appeals Court Questions Contempt Ruling
• Has Momentum for Shield Law Slowed?
• Sen. Specter: Shield Law Would Protect Americans, Democracy

Terrorism Prosecutions Lag Behind Increases in Surveillance of Americans

The secret wiretapping and review of financial records of Americans continues to increase as federal officials aggressively exercise new authority given them after the 9/11 attacks, the Los Angeles Times reported. At the same time, fewer prosecutions for terrorism are ending up in court, an indication of the effectiveness of the secret sleuthing. The disparity has prompted some members of Congress to criticize the FBI for being far behind in making needed internal changes. (5/12/08)

• "Secrecy" Film Still a Well-Kept Secret

No E-mail Backup Tapes Before May 2003, White House Says

The White House told a federal magistrate that it has no back-up computer takes for e-mails written or received before May 23, 2003 and that it cannot track hard drives within the White House system that might contain missing e-mails. Tom Blanton, director of the National Security Archive which sued to force disclosure of the tapes, said “What is most shocking is that if anyone at the White House was deleting their e-mails during the invasion of iraq, those e-mails are not on any back-up tapes.” (5/6/08)

Justice Will Show Intelligence Committees Some Torture Memos

In response to pressure from Congress, the Justice Department said it would show Senate and House Intelligence committees secret legal opinions that were used to justify harsh interrogation techniques. The decision was announced by Sen. Russ Feingold, D-WI, at a hearing on the use of legal opinions and of techniques to create “secret law” that guided executive branch actions without public or Congressional knowledge. (5/1/08)

• Wiretaps Increase, but FISA Court Challenges Up, Too
• Sen. Feingold's Statement on "Secret Law"
• ACLU: New Pentagon Documents Show Interrogations Methods

Government Secrecy Drives the 21st Century's Muckrakers

Neiman Reports devotes its spring issue to “21st Century Muckrakers” which means that many of the articles deal with trying to crack government secrecy or to gather otherwise hard to get government information. Among the dozens of articles, “Nation of Secrets:” author Ted Gup laments that “Secrecy itself gets short shrift” in the press. Secrecy News’ Steven Aftergood writes of efforts to gather classified and other sensitive information for the benefit of the public, and Los Angeles Times reporter Bob Drogin tells of his investigations that unmasked CIA source “Curveball” as a liar. (4/16/08)

• Woodward: We Should Worry About Secret Government

Cyber Security Jeopardized by Too Much Government Secrecy

The federal government’s $30 billion program to safeguard the U.S from cyberspies and terrorhackers is running into an unexpected problem – too much secrecy. Forbes Magazine reports that executives of corporations that own most of the nation’s critical cyber infrastructure – banks, telecommunications and transportation – are wary because the government’s plan has very few provisions for meaningful information sharing. The transparency issue came up over and over again at the security industry’s recent conference in San Francisco where Homeland Security Secretary Michael Chertoff said, “"We can't be serious about national security or national cyber security without engaging with the private sector.” (4/11/08)

Intelligence Agencies Seeking Uniform Classification Guidelines, Policy

U.S. intelligence agencies are working on a uniform classification policy with a single classification guide. A January report, "Intelligence Community Classification Guidance: Findings and Recommendations Report," obtained by Secrecy News, said that " definitions of 'national security' and what constitutes 'intelligence' -- and thus what must be classified -- are unclear." The report continues: "There appears to be no common understanding of classification levels ... nor any consistent guidance as to what constitutes 'damage,' 'serious damage,' or 'exceptionally grave damage' to national security.” (4/10/08)

• Need to Know Culture Blocking Intelligence Efforts
• Secret Justice Legal Memo Failed to Meet Classification Standards

New Survey Shows Significant Rise in Subpoenas to Reporters

Subpoenas to reporters demanding information given in confidence by sources are up significantly over the past five years, according to an independent national survey of major television stations and daily newspapers. RonNell Andersen Jones, a professor at the University of Arizona, said the 736 news organizations that responded reported receiving a total of 3,062 state and federal subpoenas in 2006. Of those, 97 were seeking information given confidentially to reporters, compared with 6 in a similar study by the Reporters Committee for Freedom of the Press in 2001. (4/9/08)

U.S. Tries to Block Classification Expert's Testimony in AIPAC Case

The federal prosecutors in the case against two former AIPAC staffers for receiving classified information are trying to block testimony of the former head the government’s classification oversight office. They contend that William Leonard, who was director of the Information Security Oversight Office until last year, is barred from testifying as an expert for two years after leaving his post. His predecessor in the ISOO post, Steven Garfinkel, has also agreed to testify for the defense. (4/7/08)

• AIPAC Defendants: Leonard Testimony Critical

Pioneer Press Gets Classic Non-Response Response on FOIA from Immigration

What's missing from the decade-old debate on the U.S. visa program for foreign specialty workers is solid information about how the program actually functions. Employers are currently filling some 65,000 jobs by obtaining H-1B visas for foreign workers, but neither they nor the Immigration Service are providing much information on the impact. In January, The St. Paul Pioneer Press got a response to its 2004 Freedom Information Act request for basic program information: a disk that doesn't contain records of any H-1B visas, has tens of thousands of blank fields where job codes should be, and includes more than 400,000 blank fields for worker's education levels. The paper’s appeal is now number 2771 in line. (4/4/08)

"Need to Know" Culture Damaging Inelligence Efforts, Director Says

The Office of the Director of National Intelligence warned in a new report that traditional government secrecy practices have become counterproductive and are impeding information sharing that is critical to real national security. "The Intelligence Community's 'need to know' culture, a necessity during the Cold War, is now a handicap that threatens our ability to uncover, respond, and protect against terrorism and other asymmetric threats," the office said. (4/3/08)

Now You Can Help Write a Model Transparency Law

The Sunlight Foundation launched a new website, PublicMarkup.org, that invites the public to participate in shaping a proposed bill creating across-the-board government transparency. Foundation Executive Director Ellen Miller said the project the intent is to produce “model transparency legislation …. We need citizens’ help to refine and edit it.” The site allows comment on each of the suggested reforms aimed at both Congress and the executive branch. (4/1/08)

Senate Rejects Shift of Ombudsman Duties to Justice

The Senate has rejected President Bush’s proposal to move the FOIA ombudsman’s office from the National Archives to the Justice Department. In his budget proposal, the President called striking the section of the OPEN Government Act creating an Office of Government Information Services and shifting the duties of the office to Justice. and. The resolution, approved by the Senate,rejects that the shift, which the committee said “would undermine efforts to provide more independence and avoid conflict of interest.”

• Sens. Leahy, Cornyn Introduce Bill to Flag FOIA Amendments
• Text of Open FOIA Act
• Interview with Sen. Cornyn on Transparency
• Sen. Leahy on Budget, Open Government Bills
• Rep. Waxman Hits Executive Branch FOIA Abuse
• So Much for the Public's Right to Know

Statutory Exemptions to FOIA Range Far and Deep

There are more than 140 statutory exemptions to the federal Freedom of Information Act, including non-disclosure provisions protecting the names of people who grow watermelons and for the location of large caves, the Sarasota Herald-Tribune reported in a Sunshine Week report on the far-ranging exemptions to the act designed to provide the public access to government records. It noted that the exemptions are often tucked into appropriations bills or other catchall legislation. (3/21/08).

• A Classic Non-Response on FOIA from Immigration

Military Judge: Media Can Be Important Ally in National Security Effort

In their effort to protect national security, federal government officials may want to consider an unlikely ally — the press. U.S. Court of Appeals for the Armed Forces Judge James E. Baker told attendees of the National FOI Day Conference that journalists often can help the government convey essential information. He cited the embedding of reporters with military units in Iraq as an example. (3/19/08)

Executive Order Brings Better FOIA Service But Little Change in Backlog

A review of the President’s December 2005 executive order that called for improved service to Freedom of Information Act requesters shows some improved communication but little change in the federal governments huge backlog of FOIA cases. "Mixed Signals, Mixed Results," the report from the National Security Archive, a private research group at George Washington University, said the order provided neither carrot nor stick incentive to the agencies. (3/17/08)

• Read the Report
• The Fight for Access Is Anything But Over

Americans See Increasing Secrecy in Federal Government

Three-quarters of American adults believe the federal government is secretive and nearly ninety percent say it's important to know the positions of presidential and congressional candidates on open government when deciding whom to vote for. Those are the findings of a Sunshine Week survey conducted by Scripps Howard News Service and Ohio University. (3/16/08)

• Testing Officials on the Public's Right to Know

Sen. Grassley Introduces Bill to Put Smithsonian Under FOIA

Sen. Charles Grassley, a longtime critic of the management of the Smithsonian Institution, has introduced a bill in the Senate to subject the Smithsonian to the federal Freedom of Information Act. The institution was created as a federal trust and exempted from FOIA by two appeals court rulings in the early 1990s. (7/24/08)

No Consistent Approach to Preserving E-mail Records, GAO Says

A Government Accountability Office report says that federal officials have failed to consistently preserve government e-mail, creating gaps in the public record and making it difficult for citizens to understand what their government is doing. As use of e-mails has increased, agencies have struggled with which e-mails to preserve, which to delete and how to store those saved. GAO said current law allows broad discretion and agency practices vary widely. (7/9/08)

Justice Department's Oversight Office Becomes Increasingly More Secretive

The Office of Professional Responsibility, charged with monitoring the conduct of Justice Department lawyers, has become increasingly more secretive. It is no longer issuing public reports now that it is looking into some of the most critical and controversial Justice actions, such as the policies developed on interrogation of suspected terrorists, the warrantless electronic surveillance program, and whether department lawyers have been involved in selective prosecution of Democratic officials. (7/7/08)

President Gives National Intelligence Director New Classification Authority

President Bush signed an executive order giving the director of national intelligence oversight of security clearance investigations and related policies on access to classified information. The order gives the DNI new authority in areas unrelated to intelligence information. (7/1/08)

Despite Flooding, Corps of Engineers Withholds Dam Safety Information

At least a dozen news organizations seeking information on dam inspections and safety in the wake of Midwestern flooding have been denied the information by the U.S. Army Corps of Engineers, citing the U.S. Patriot Act. The Investigative Reporters and Editors say the denials have been consistent since 2002. "The public interest in being updated on the condition of these dams outweighs the security concerns about giving out the information," said IRE Executive Director Mark Horvit. (6/26/08)

Homeland Security Seeks Public Comment on Infrastructure Protection Plan

The Department of Homeland Security is seeking public comment on how to best revise the National Infrastructure Protection Plan, its framework for protecting critical infrastructure from terrorist attack or natural disaster. The last review of NIPP in 2006 drew 10,000 responses. (6/23/08)

Pentagon's "Black" Budget Put at $34 Billion for 2009

The Pentagon’s fiscal 2009 budget request includes $34 billion for classified, or “black,” programs, according to the Center for Strategic and Budgetary Assessments. The money will go to secret military hardware but does not include any war-related funding. (6/23/08)

Department of Energy Backs Declassification Board Proposals

The Department of Energy endorsed most of the specific recommendations of the Public Interest Declassification Board and said it supported creation of a National Declassification Center to coordinate programs and speed the declassification process. It also endorsed a proposal for a declassification database that would be available to the public. (6/6/08)

House Committee Renews Request to AG for Plame Documents

The House Government Reform Committee renewed its request to Attorney General Michael Mukasey for records of FBI Interviews in the Valerie Plame leak case. Rep. Henry Waxman, the committee chair, wants records of FBI interviews with the president and vice president and former aides I. Lewis “Scooter” Libby and Karl Rove. (6/4/8)

McClellan: Bush Never Embraced Government in the Sunshine

Former White House Press Secretary Mark McClellan’s new book, “What Happened,” details the extraordinary information management efforts of the Bush Administration. He says the White House “lacked real accountability in large part because Bush himself did not embrace openness or government in the sunshine.” (6/2/08)

• The State of Emergency Never Ended

Defense Bill Calls for Inspector General Probe of TV Analyst Briefings

One version of the Defense Authorization bill headed for conference committee action directs the inspector general and the General Accounting Office to investigate the Pentagon’s special briefing program for former military officers serving as television analysts on the Iraq war. The Pentagon suspended the program after it was reported by the New York Times after a two-year legal battle to get the records. (5/29/08)

• The Long Battle To Win Release of Public Records

Barn Door Closer Hidden in Farm Bill

The massive farm appropriations bill approved by Congress, vetoed by the President, then overridden, contains an anti-FOIA amendment inserted anonymously in the closing days of the bill’s conference committee visit. It prohibits the Agriculture Department from disclosing information provided by agricultural producer or owners about farm operations. The provision overrides a February court decision that called on the department to release the information. (5/27/08)

Resolution Filed to Post House Votes on Internet

Rep Melissa Bean, D-IL, filed a resolution (H Res 1222) calling on the clerk to post all recorded votes in the House on the Internet. Each member who maintains a website would be required to provide a link to the clerk’s site. (5/27/08)

EPA Administrator Mum on Contacts with White House

EPA Administrator Steven Johnson didn’t want to talk about his contacts with the White House when he appeared before the House Oversight Committee, He refused to provide specific information or documents about agency-White House discussions on several recent regulatory decisions, The Society of Environmental Journalists Watchdog Report notes. (5/26/08)

New Website Points to Air Force Historical Research

Anonymous private researchers have posted an index to hundreds of thousands of documents held by the Air Force Historical Research Agency, however the records themselves must be requested through the agency. (5/26/08)

To Improve Websites, Government Agencies Should Get Out of the Business

An article in the upcoming Yale Journal of Law and Technology urges that federal agencies make more records easily available to the public by getting out of the website business, which, the authors suggest, bureaucracies don’t do well. Government should build the infrastructure to compile and distribute data, then leave it to private web entrepreneurs to turn that data into useable information, a draft of the article says. (5/26/08)

Senate Committee Blocked 3 Secrecy Proposals in Defense Authorization Bill

Secrecy News notes that the Senate Armed Services Committee rejected three secrecy proposals that the Pentagon has inserted in the proposed Defense Authorization Bill. One would have expanded the ability of the Defense Intelligence Agency to disregard FOIA requests for whatever it designated as “Operational Files.” Another would have created criminal penalties for unauthorized disclosure or possession of maps that had been marked for “Limited Distribution.” A third allowed greater withholding of unclassified homeland security information. (5/15/08) (5/15/08)

New Education Department Rule Draws Student Press Law Center Protest

The Student Press Law Center has asked the Department of Education to reconsider proposed new regulations that would limit the release of statistical information on school performance. The new rule, citing the Federal Educational Rights and Privacy Act, would allow schools to withhold data if any category of information was so small that someone might be able to identify a specific student. (5/13/08)

Agriculture Department Pulls an End Run to Seal Animal ID Records

First, The Agriculture Department pressed for statutory closure of records of its National Animal Identification System, urging a provision in the massive farm appropriations bill that would keep secret the names and addresses of feedlot operators. When that section was lsubsequently pulled at the urging of open government advocates, the department called an end run. It has adopted a new regulation certifying those records under the Privacy Act, mandating they be withheld from the public. Deadline for comment is May 30. (5-8/08)

Corps of Engineers, Citing Terror Threat, Won't Release Dam Inspection Report

The Army Corps of Engineers refused to release an inspection report on the Strom Thurmond Dam but give the Augusta, Ga., newspaper Metro Spirit a 2004 executive summary that noted eight uncorrected deficiencies first cited in a 1999 inspection. The Corps cited national security and terrorism threats in denying the full report. (5/7/08)

Public Integrity Center Looks at Advisory Committee Reform Bill

After years of paying almost no attention to the Federal Advisory Committee Act, Congress is considering amendments to the 36-year-old law. The changes, says the Center for Public Integrity in a special online report, are intended to improve the transparency, membership balance and independence of the more than 900 committees that provide advice to government agencies. (5/7/08)

Responding to FOIA, U.S. Releases List of 66 Federal Detainees Who Died

A list of 66 immigrants who died in federal detention, obtained by the New York Times through a Freedom of Information Act requests, reveals a near total disregard for those held or their families. In a number of instances, families were not notified of injuries leading to the deaths, or of the death itself. And the list obtained by the Times had few details. (5/5/08)

Air Force Releases Historical Records, At Long Last

The Air Force released previously Secret and Top Secret histories to the National Security Archive in response to Freedom of Information Act requests that go back to the 1980s and 90srecords, and resulted in a lawsuit resolved in 2004. The documents show, among many other things, that President Eisenhower directed the Air Force to modify a plan that called for use of atomic weapons against China during the Taiwan Strait crisis in 1958. (4/30/08)

A 30-Month FOIA Struggle for Still-Hidden Findings

The managing editor of the Dothan (Ala) Eagle related the paper’s two year effort to get Army records on four helicopter crashes at nearby Fort Rucker. It took 18 months, including two follow-up letters and three phone calls, to get an interim response and another six months before the first bit of information was provided. The rest arrived over the next six months. Alas, the Army redacted the analysis of what happened and the recommendations for operational improvements, wrote ME Ken Tuck. (4/28/08)

Senate Approves Protections for Inspectors General

Despite a possible White House veto, the Senate has passed legislation that would protect government watchdogs from political pressure. The bill, weakened in the legislative debate but then approved unanimously, protects inspectors general they are charged with investigating and makes their reports and audits more accessible to the public. (4/48/08)

Senate Judiciary Approves Limits on Use of State Secrets Privilege

The Senate Judiciary Committee approved a bill that would limit the administration’s use of the “state secrets privilege” in an effort to block law suits that challenge warrantless surveillance and other anti-terrorism methods. The vote was 11-8. Use of the privilege allows the government to refuse to provide classified information that plaintiffs seek to prove their case. (4/28/08)

EPA's Scientists Report Widespread Political Interference

More than half of the Environmental Protection Agency scientists who responded to a survey from the Union of Concerned Scientists said they had personally experienced political interference in their work. The interference ranged from being directed to alter or exclude information in studies to the selective use of data in justifications accompanying regulatory decisions. (4/24/08)

William Bosanko Named New Director of ISOO

William J. Bosanko, who has been acting director of the Information Security Oversight Office since January, has been named permanent director by Archivist Allen Weinstein. Bosanko has more than 15 years experience in the classification field and was ISOO’s Associate Director for Classification Management.prior to becoming acting director. He’s been with the agency since 1998. (4/17/08)

Citing GAO Report, Sen. Cornyn Calls for Faster FOIA Improvements

A new Government Accountability Office report says some government departments and agencies have made progress in reducing their backlog of FOIA requests as a result of the president’s 2005 executive order but that much remains to be done. That prompted Sen. John Cornyn, R-TX, sponsor the FOIA reform legislation that became law as the end of last year, to call on agencies to quickly implement the changes called for in the new law. (4/16/08)

• Read the GAO Report

Pressed by Congress, EPA Begins to Reopen Libraries

The Environmental Protection Agency, responding to congressional pressure, is reopening libraries that it closed in recent years. However the content of the libraries will be more limited and the libraries themselves under tighter central control. , EPA closed six libraries and reduced hours at four others. Parts of collections were closed at others. (4/16/08)

Rep. Waxman, 2 Others File Bill to Preserve Government E-Mails

Three House Democrats have filed a bill designed to ensure that e-mails of the White House and federal agencies are preserved and archived. The Electronic Communications Preservation Act, HR 5811, directs the Archivist of the United States to establish standards for the capture, management, retrieval, and preservation of White House e-mails and other electronic communications, and to certify whether the White House e-mail preservation system meets these standards. The bill was filed by Rep. Henry Waxman, D-CA, Rep. William Lacy Clay, D-MO, and Rep. Paul Hodes, D-NH. (4/16/08)

• Watchdog Group Criticizes Record Keeping
• White House Seeks Clarification in E-Mail Case
• White House Statements on E-mails Called "Inconsistent"

Are the Pentagon's Top Assets Too Secret to Be Protected?

Many of the Defense Department’s most sensitive assets are too secret to be included in the nation’s protection program for critical infrastructure. The Government Accountability Office, reporting the omissions, but not, of course, what’s omitted, chastised the Pentagon for not taking “adequate steps” to make sure there is sufficient protection of the secret assets. (4/10/08)

Lawmakers Press Justice Department to Provide Some Answers

The Washington Post reported that key lawmakers are pressing the Justice Department to end its stonewalling of information requests from Congress, some of which date back as much as three years. Sen. Patrick Leahy, chair of the Judiciary Committee, said Attorney General Michael Mukasey has been slightly more cooperative but said it “does not overcome the department’s continued failure to provide …the secret justifications of presidential lawlessness that we have sought for years.” (4/8/08)

Bill to Improve Advisory Meetings Law Clears House Committee

A bill to improve implementation of the Federal Advisory Committee Act, introduced by Reps. William Lacey Clay, D-MO, and Henry Waxman, D-CA, cleared the House Committee on Oversight and Government Reform. HR 5687 would impose greater disclosure requirements on advisory committees; require that appointments to advisory committees be made without regard to political affiliation; and require agencies to obtain conflict of interest disclosures from committee appointees. Clay said the 1972 law “has not always been implemented to achieve balance, transparency, and independence.” There are currently more than 900 boards advising various federal agencies. (4/10/08)

FOIA Request from AP Turns Up Questionable VA Spending

Using the Freedom of Information Act, the Associated Press obtained a list of 3.1 million Veterans Administration purchases in the 2007 budget year. It found hundreds of thousands of dollars had been spent through credit card charges at casinos, luxury hotels, movie theaters and at high end retailers. One time charges ranged up to $8,000. On at least six occasions, employees based at VA headquarters in Washington made credit card charges at Las Vegas casino hotels totaling $26,198. (4/7/08)

Rail Administration Posts Accident Investigation Reports

The Federal Railroad Administration is now posting of major train accidents on its Website for the first time, reducing the need for people to submit Freedom of Information Act requests to get the information. FRA Administrator Joseph Boardman said “There’s no reason that anyone who’s interested shouldn’t be able to find out the probable cause of a train accident.” Reports from 2005 through the first quarter of 2007 have been posted so far. (4/3/08)

The Two Views on Using State Secrets Privilege

Attorney General Michael Mukasey told the Senate Judiciary Committee in a letter that the proposal legislation to limit the administration’s use of the state secrets privilege "would needlessly and improperly interfere with the appropriate constitutional role of both the Judicial and Executive branches.” Sen. Ted Kennedy, sponsor of one of the bills, fired back with a review by constitutional scholar Louis Fisher, who wrote, “The Constitution has been interpreted in that manner at times ... but never successfully.” (4/3/08)

• The Attorney General's Letter to Congress
• The Response from Scholar Louis Fisher
• S 2533 – State Secrets Protection Act
• HR 5607 - House State Secrets Bill

Secret Justice Legal Memo Failed to Meet Classifiction Criteria

The former director of the nation’s classification oversight office said that the recently declassified Justice Department memo on the legality of prisoner torture is an example of abuse of the classification system. The memo, said J. William Leonard, “is purely a legal analysis” that contains "nothing which would justify classification." And it met none of the binding procedural steps needed to classify a document. (4/3/08)

• Legal Memo on Prisoner Torture Is Released

A Changing World of Intelligence Hits President's Desk Each Morning

The President’s Daily Brief, that top-secret report our commanders-in-chief have been getting each morning for 40 years, isn’t all that secret these days. The report itself is still treated that way, but, USA Today reports in an article on the changing world of intelligence, more and more of the information gathered for the president is coming from public sources. Even the CIA has set up an “Open Source Center.” (4/1/08)

Farm Crop Projections Like Preparing National Intelligence Estimate

The Agriculture Department experts who prepare estimates on crop production operate under secrecy worthy of the CIA . They can’t even bring laptops or cell phones with them when they sit down at the tables, in a sealed room, to come up with the final estimates of how many acres farmers will plant this year. Among other things, the report triggers a significant response in the commodity trading market. (3/31/08)

One in Five Utah Congress Members Reveal Earmark Requests

The Salt Lake Tribune asked its members of Congress for information on their earmarked funding requests but got a positive response from only one of the five. Sens. Orrin Hatch and Bob Bennett said they would release information only on those special funding requests that prove successful. Reps. Chris Cannon and Rob Bishop refused to identity the earmarks they backed. Only Rep. Jim Matheson released his requests – 50 projects totaling more than $100 million. (3/31/08)

Marine Corps Reconsiders, Will Restore Doctrine Reports Online

The Marine Corps, responding to protest from the Federation of American Scientists, agreed to restore public access to unclassified doctrine documents that until recently were available online. The Corps will use a new website for the public documents. (3/27/08)

Black Hole Advises the White House on Homeland Security Policy

The Congressional Research Service says in a new report that the agency set up to advise the White House on homeland security policy has disappeared from the public record. The Homeland Security Council has not provided the Federal Register with a basic description or organization chart, or rules of procedure. Nor has it disclosed how or where the public might obtain information about it. (3/26/08)

FOIA of the Weird: Ray Guns and Vaporized Shoes

If you’ve been surfing around this website for awhile, you deserve a break. With thanks to Wired, we offer this linked item that flows from a FOIAed document about the “Bioeffects of Selected Nonlethal Weapons,” a 1988 Army document describing some exotic items the military was looking at or thinking about a few years back. (3/25/08)

Archives Opens 1947-77 CIA Open Source Documents to the Public

The National Archives announced that approximately 1.3 million pages of historic Central Intelligence Agency records dating from 1947 to 1977 are now open to the public. The documents, described as open source publications gathered by the CIA's Foreign Documents Division, are being released as a part of the National Declassification Initiative program that was announced in 2006. (3/20/08)

• Declassification Board Holds Public Hearing

FEMA Puts $209,990 Price Tag on Records Request

The Federal Emergency Management Agency has advised the Baton Rouge Advocate it will have to come up with $209,990 to get records it requested on contracts FEMA let after Hurricanes Katrina and Rita. The agency said that’s what it would cost to copy two million pages of paper documents it says are responsive to the request. It said none of the records were electronic. (3/19/08)

• FEMA Should Be More Responsive, Sen. Landrieu Says

Treasury Gets Rosemary Award for Subprime FOIA Performance

The Treasury Department won the not-exactly-coveted Rosemary Award for the worst Freedom of Information Act performance by a federal agency. The National Security Archive bestowed the award to Treasury for its practice of delaying a response to FOIA requests, then asking requesters months or years later if they are still interested. The Archive said it had 74 such letters to 42 requests in the past seven years. (3/19/08)

Cunningham Trial: Now You See It, Now You Don't

A San Diego judge told lawyers in the corruption case involving Rep. Randy “Duke”Cunningham they must abide by an appeals court decision that requests to file secret documents be public. Then Judge Larry Burns released previously sealed papers on a sentencing delay. However the released document had much of the information, including the reason a delay was sought, redacted. (6/4/08)

Foreign Intelligence Surveillance Act Court Gets Two New Judges

The Foreign Intelligence Surveillance Court, which is responsible for reviewing government applications for electronic surveillance and physical search of suspected terrorists and foreign agents has two new judges: Mary A. McLoughlin of the Eastern District of Pennysyvania and James B. Zagel of the Northern District of Illinois, Secrecy News reports. Both were appointed for seven-year terms. (5/26/08)

• The Court's 2007 Report

Small Business Administration Directed to Release Contract Records

The Small Business Administration has been ordered by U.S. District Judge Marilyn H. Patel to reveal the businesses it has contracts with. The ruling is in response to a suit by the American Small Business League, which contents that many of the “small business” contracts actually went to Fortune 500 companies. (5/26/08)

Montana Federal Judge Applies FOIA Legal Fee Recovery Retroactively

A federal judge in Montana ruled that anyone who prevails in a Freedom of Information Act suit can recover attorney fees under the statutory changes approved in a FOIA reform bill that Congress approved and the president signed last December. The government had argued that the recovery provisions did not encompass any suit filed before the new law was signed. Judge Donald Malloy said that would create a “manifest injustice.” (5/16/08)

FOIA Produces Rehnquist, Scalia Memoranda on Vice President's Legal Status

Six months ago, the attorney general’s office said The Office of the Vice President is not an agency, and doesn’t have to respond to oversight on its handling of classified information. The AG’s office has now released, in response to a Freedom of Information Act request from the Federation of American Scientists, more than a dozen opinions written by the Office of Legal Counsel over the years on the vice president’s status, including views of former OLC staffers William H. Rehnquist and Antonin Scalia. (5/15/08)

Magistrate Rejects "State Secrets" Claim in Watch List Suit

A federal magistrate ruled that a Chicago businessman is entitled to know if he is on the government’s watch list for suspected terrorists. Federal attorneys had argued the information was covered by the “state secrets privilege” and release would jeopardize national security. Judge Sidney Schenkier disagreed, ordering that some records be turned over and that he be given others for an in camera review. (4/28/08)

White House Argues Separation of Powers in Visitor Logs Case

In its continuing effort to keep White House visitor logs confidential, the administration contended in federal appellate arguments that the White House is not subject to the Freedom of Information Act and the “separation of powers” doctrine precludes either the courts or Congress from doing anything to change that. Government lawyers argue the president and vice president must be able to solicit advice privately. They said a public interest group’s request for Secret Service records at the White House was an end-around that should not be sanctioned by the court. (4/21/08)

Guantanamo Trial Will Be Telecast to 9/11 Families -- Only

The Pentagon said it will televise the Guantanamo trial of Khalid Sheikh Mohammed, charged as one of the planners of 9/11, but only for relatives of those killed in the attacks.The broadcasts will be to four military bases in the Northeast and Mid-Atlantic. (4/18/08)

Supreme Court Weighs a One-Strike Rule on FOIA Requests

The U.S. Supreme Court heard oral arguments on whether a Freedom of Information Act request can be refused simply because an identical request has been unsuccessfully litigated, particularly if the requesters are associated in some way. The court in its questioning seemed to have doubts about the Federal Aviation Agency’s refusal to consider a request for records on a rare aircraft because it had denied and then litigated a similar request from a client of the requester. (4/16/08)

EPIC Wins Release of Virginia Fusion Center Agreement

The Electronic Privacy Information Center is suing the Virginia state police for records in connection with a “fusion center” state law enforcement officials and the FBI have set up for counterterrorism intelligence work and have obtained a confidentiality agreement that requires state officials to follow more restrictive federal regulations in responding to records requests. EPIC said many other documents a federal judge ordered released have still not been produced. (4/16/08)

Prosecutors, Using Phone Records, Press for Sources of Leaks

Former government officials have been called before a federal grand jury to explain phone records showing phone calls from a New York Times reporter covering intelligence issues at, the Times reported. The reporter, James Risen, is fighting a grand jury subpoena demanding his testimony on sources for a 2006 on the CIA. It’s not clear whether the Justice Department had obtained Risen’s phone records or those of agency officials. (4/16/08)

Justice Scalia Remains Opposed to Cameras in Courts

Supreme Court Justice Antonin Scalia says he hasn’t changed his mind about allowing television cameras in courtrooms. In an on camera appearance for a C-Span series called “Students and Leaders,” the justice said his opposition to televising Supreme Court hearings stemmed from a belief it would result in the “miseducation of the American people.” He was even more opposed to televising criminal trials. “To make entertainment out of people’s legal troubles is quite sick.” (4/10/08)

Reporter Sues Pentagon for Release of Iraq Oil Report

Investigative reporter Jeff Gerth sued the Pentagon for a pre-war report on Iraq’s oil industry that was prepared by a Halliburton subsidiary on contract to the Defense Department. Gerth said the report allegedly provided a much bleaker assessment of the industry that the one made public by the Bush Administration. The Pentagon has refused to release the report, citing “national defense” and "'foreign policy' secrets." (4/10/08)

• Read Jeff Gerth's Complaint

Nuclear Waste Site Data Should Be Released, Judge Rules

A federal judge ruled that an activist group was entitled to documents on nuclear waste sites it had requested from the National Nuclear Security Administration, calling the agency’s FOIA review process “Kafkaesque.” District Judge Robert Brack directed Citizen Action and the agency to work out a schedule for release of the documents. (4/2/08)