FAC’s challenge to China’s Internet censorship weighed by US Trade Rep

Top US trade representative Ron Kirk says U.S. trade officials are in talks with Google and other Internet providers on FAC’s proposal to challenge China’s Internet censorship via the World Trade Organization (WTO). dh
U.S. weighing China Internet censorship case

(Related News: Q+A: Is there a WTO case against Chinese Internet censorship?)
(Reuters) – The United States is [...]

Attorney Judy Alexander Joins FAC as Special Access Litigation Counsel

Starting this month, FAC has retained veteran first amendment and access lawyer Judy Alexander as FAC’s Special Access Litigation Counsel. Judy will be representing FAC in access cases across the state as part of FAC’s  expanded litigation initiative.
Alexander, a former FAC Board member, has 25 years experience in first amendment and access matters, including litigation [...]

A&A: Can City Attorney Withhold 911 Call Transcripts?

Q: A county supervisor called 911 to report what he described as an assault with several punches thrown at him. The local police department investigated and determined witnesses saw no punches thrown. After some delay, the city attorney has released the police investigative documents. Thus far, they have refused to release transcripts of the phone [...]

Attorney Matteo-Boehm honored by California Lawyer for victories in FAC cases

Congratulations to Attorney Rachel Matteo-Boehm of the law firm Holme Roberts & Owen, San Francisco for being named a Public Interest Lawyer of the Year by California Lawyer Magazine.  The magazine singled out work on behalf of FAC in two important government transparency cases: CFAC v. Santa Clara and and CFAC& Maplight.org v. [...]

Obama administration weighs FAC proposal to challenge China’s internet censorship in WTO

FAC Executive Director Peter Scheer describes the administration’s interest as “an important step,” and details FAC’s position on the issue:”We believe that China’s censorship of the internet is not only a human rights issue but also a free trade issue.
“That’s why FAC petitioned the US Trade Representative to challenge the firewall before the WTO. Google’s [...]

Join the fight: NFOIC Seeking New Executive Director

The National Freedom of Information Coalition, a national network of state freedom of information advocates, with headquarters in the Donald W. Reynolds Journalism Institute at the Missouri School of Journalism, is seeking a new executive director.
The NFOIC has recently expanded its first amendment mission to include a legal initiative, thanks to a $2M, three-year grant [...]

Palo Alto’s trio of newspapers staying alive in hard times

The online news boom and the busted U.S. economy have combined to make community newspapers an endangered species.  So how does Palo Alto manage to support three newspapers–The Palo Alto Weekly, The Daily Post and The Daily News?
The New York Times asked that question of the newspapers’ publishers, including FAC board member Bill [...]

Are Myths Killing the Newspaper Business?

Are newspapers dead, dead, dead? If you can believe everything you read in them, apparently so. Hal Fuson, a veteran of 44-years in the news business, didn’t think those obituary writers had their stories straight. In fact, they were reporting myths about the dire state of the industry as though [...]

Poll: 80% of Americans oppose SCOTUS campaign finance ruling

A new Washington Post-ABC News poll finds that nearly 80% of Republicans, Democrats, and Independents are  united in their opposition to the recent Supreme Court ruling that opens the door for corporations, labor unions, and other organizations to spend money directly from their general funds to influence campaigns.
Left and right united in opposition to controversial [...]

Haiti Rewired: Wired.com tackles Haiti’s reconstruction with online collaboration

Haiti Rewired launched by Wired.com following the January earthquake, is an innovative response to the problem of on-going disaster relief. Editor-in-Chief Evan Hansen, a member of FAC’s board, calls the project an online “collaboration of writers, editors, technologists, researchers, geographers, infrastructure specialists, aid groups and others” dedicated to rebooting Haiti’s future.

Haiti Rewired’s Mission [...]

Government lawyer argues torture suit too sensitive for public court

Citing national security and state secrets, a Justice Department lawyer argued that the suit involving the CIA and a San Jose company over extraordinary rendition and torture of suspected terrorists cannot proceed in open court. -DB
San Francisco Chronicle
December 16, 2009
By Bob Egelko
SAN FRANCISCO — A lawsuit accusing a Bay Area flight-planning company of aiding [...]

Bay Guardian reports SF police seizing DJ’s laptops

Controversial tactic of taking laptops even when DJs not charged with crime  reportedly condoned by San Francisco’s new chief of police. EEF attorney steps in to help protect DJs privacy, get computers back.
San Francisco Bay Guardian
Police seize DJs’ laptops
New police chief apparently condones policy that critics call illegal and punitive
By Joshua Emerson Smith
news@sfbg.com
San Francisco [...]

Wikileaks releasing 500,000 9/11 pager intercepts

Today WikiLeaks started releasing over half a million 9/11 text pager intercepts in hopes of gaining “a nuanced understanding of how this event led to death, opportunism and war.”
Wikileaks
9/11 tragedy pager intercepts.
From 3AM on Wednesday November 25, 2009, until 3AM the following day (US east coast time), WikiLeaks is releasing over half a million US [...]

Sheriff who leaked opponent’s expunged record resigns

N.H. Sheriff resigns after leaking info on opponent to press while claiming he believes his action is protected by First Amendment
First Amendment Center
N.H. sheriff resigns amid accusations of leaking info to reporters
By The Associated Press
11.25.09 CONCORD, N.H. — The Rockingham County sheriff and his top deputy resigned yesterday after being accused [...]

CIA torture tapes destroyed earlier than claimed

The ACLU Freedom of Information lawsuit surfaced evidence CIA torture tapes were destroyed immediately after the Washington Post reported the existence of the CIA black sites and the New York Times reported that the CIA Inspector General had questioned the legality of the agency’s torture program.
ACLU Security/Torture

November 24, 2009
Documents Reveal Date Tapes Were Destroyed And [...]

A&A:Public comments on water rates closed, item still on agenda

Q: The current City Council Agenda contains the following item: “DISCUSSION AND POTENTIAL ACTION ITEMS. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.” Here is the problem. We are not being allowed to comment about this item at all, even though it has [...]

A&A: City gives tax-free deal to developer, details kept secret

Q: The city recently entered into an agreement with a developer of a multi-million dollar resort hotel to forgo collecting transit occupancy taxes (TOT) of many million dollars. The city’s financial consultant analyzed the request from the developer and created several reports that were not made available to the public. The reports were presented to [...]

A&A:City wants me to pay to see report on fire at my house

Q: I just requested an incident report from the Fire Department relating to a fire at my property. They wanted to charge me $16 just to view the record, and said that they had been authorized to do so by the City Council.  Is this legal?  GovC 6253(b) authorizes charges “… of fees covering direct [...]

Court rules CIA did not violate Valerie Plame’s rights

The CIA did not violate Valerie Plame’s 1st Amendment rights the U.S. Court of Appeals in New York City (2nd Cir.) has ruled. Including dates of service in her memoir including them in her memoir would still violate the secrecy agreement she signed when she joined the CIA.
Reporter’s Committee for Freedom of the Press
New York [...]

A Patent on Podcasting? EFF thinks not

The Patent Office just granted  Volomedia exclusive rights to  “a method for providing episodic media,” creating a very real threat to the future of free podcasting.  You can help  EEF’s Patent-Busting Project crack the case.
EFF’s DeepLinks Blog
EFF Tackles Bogus Podcasting Patent – And We Need Your Help
News Update by Rebecca Jeschke
Patenting podcasting? You’ve got to [...]

Whitehouse State Secrets privilege challenged by House bill

Calling the Bush administration’s expansion of executive privilege “the greatest threat to liberty,”  Rep. Jerrold Nadler’s  (R-NY) update of the  State Secrets Act aims to prevent its use as a “magical incantation,” to stop discovery from taking place.

The Atlantic’s Politics Channel

Nov 18 2009, by Marc Ambinder

Will The House Play Hardball With State Secrets?
Democrats on the [...]

A&A: Denial of access to records during business hours

Q: On at least four occasions , I have gone to the Park and Recreation Department to review public records (on site, in the building) during normal business hours and I have been sent away. If at all possible, I would like to file a motion this week to force the department to allow me [...]

A&A: Councilman asks intern on date via city issued cell

Q: I have learned that a city councilman was sending text messages to a city intern, asking her for a date. I would like to file a CPR request for the text messages sent from his city issued Blackberry. I’m sure they (the councilman and the city attorney) would try to argue that such a [...]

A&A:City Surveillance Cameras and Public Records Law

Q: Are city-owned and operated surveillance camera recordings of public areas subject to disclosure in accordance with the California Public Records Law?
A: Under the Public Records Act, public records — which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any [...]

A&A: Is it a casual dinner or Brown Act violation?

Q: If 3 out of 5 school board members meet at a restaurant with a teacher or administrator for a few minutes until they noticed that I was also at the restaurant with my wife, have they violated Brown’s Act?
A: Depending on exactly what transpired, the episode you describe could be a violation the [...]

A&A: Are jail visitor sign-in logs public documents?

Q: Does the public have the right to inspect jail visitor sign-in logs in California? I’ve been told no, but seen court rulings in other states that lead me to think this may be inaccurate. Thank you!
A: The right to inspect jail visitor sign-in logs would come from California’s Public Records [...]

A&A: Online arrest records no longer show violations

Q: I have received conflicting information from public records experts and police public information officers on what law enforcement agencies have to release relating to arrest history. So, let me ask you directly, if I submit a request to a police department in California that asks if John Doe, DOB 1/1/60, has ever been arrested [...]

$100 fees for copies of unclaimed property data too high

Q: I am freelance journalist taking issue with the fees charged by the California Comptroller’s Office to provide copies of the digital files of lists of abandoned/unclaimed property.
The Comptroller produces well over 1,000 of these discs each month and charges $100 each. Once the computer file is downloaded from his mainframe, the actual cost [...]

Does newspaper candidate forum constitute a quorum?

Q: We invited city council candidates to our newspaper offices for an editorial endorsement forum. There are three incumbents and one challenger for three seats. We will have me, the editor, and a reporter there to ask the candidates questions about why we should endorse their candidacy. Because there are three candidates currently on the [...]

Public should know if school employee embezzled $2m

Q: I have some information and documentation that a school district employee in Administrative Services was dismissed from her job for embezzling at least $2 million in district funds.  The employee was allowed to retire with benefits. Without Federal stimulus funds the district would be facing an $11 million deficit this year.
I believe warrants further [...]

City Clerk requires Ad Hoc reports to be in announcements

Q:Why would our city clerk require city Commissions to move all ad hoc reports and standing committees from agenda items to the announcements portion of the meeting? They are not listed on the agenda unless the ad hoc specifies the exact language of the action/recommendation for our city council. Then it gets more complicated because [...]

Texas open meeting law supported by FAC amicus stands

The Texas Open Meetings Act supported by an FAC amicus brief withstood a constitutional challenge by former city council members who asserted the law violated their rights to exchange e-mail messages discussing city business in secret.
September 10, 2009
After four years of litigation, the U.S. Court of Appeals in Dallas (5th Cir.) today  dismissed Rangra vs. [...]

California lawmakers rein in exec pay at public universities

In response to the $9 million in executive compensation the UC Board of Regents approved this year, the  Senate passed legislation Thursday to prohibit future pay raises for top executives at University of California (UC) and California State Universities (CSU)  during  bad budget years.
September 10, 2009
SACRAMENTO – On a 31-5 vote, the California Senate  approved [...]

Tenure advisory committee closed session

Q: At our community college, the board of trustees “rely primarily” on the advice of the senate in granting or denying tenure. For many years, the practice has been to hold a closed session with the tenure review committee, excuse the committee after their testimony, then hold a closed session to debate the merits [...]

Tax collector withholding documents

Q: My request to the County Tax Collectors’ office for “any handbook, manual or instructions that delineate the process in which your office processes claims for excess proceeds” is almost one month past the day they received the request and have refused to respond. What should I do?
A. It seems that the agency is [...]

Requesting welfare application of divorced spouse

Q: Would I  be able to access my ex-spouse’s recently filed California welfare application? My belief is the application was falsified regarding residency.
A: The kind of information you are seeking–names and addresses–may fall under the California Public Records Act (”PRA”) privacy exemption. The PRA provides that public records are presumptively open to the public, unless [...]