DEA agent loses privacy case over self-inflicted bullet wound during public presentation

The District of Columbia appeals court ruled that an agent for the Drug Enforcement Administration could not sue the agency for releasing a video showing him shoot himself in the leg while lecturing children on gun safety. The agent claimed the DEA violated his privacy rights. -db From the Courthouse News Service, January 27, 2012, [...]

Family sues Hustler for $20 million for publishing nude photos after death

A grieving family is suing Hustler Magazine for $20 million after the magazine published nude photos of a model who was murdered by her husband. Hustler is claiming that the model was a public figure and newsworthy. -db From the  Daily Mail, January 26, 2012, by Daily Mail Reporter. Full story  

California appeals court rules sexual harassment complaint against teacher public record

A Santa Monica math teacher lost a lawsuit in a California appeals court to keep a sexual harassment complaint against him private. The court found substantial public interest in the release of details of the investigation into a parent’s charge that the teacher sexually harassed his thirteen-year-old daughter. The charge was not fully substantiated. -db [...]

Europe considers tough online privacy law

Europe is considering a new law that would require Internet companies like Amazon and Facebook to obtain consent from consumers to  use their personal data. The law would force companies to delete personal data forever at the consumer’s request or face fines for failing to comply. -db From The New York Times, January 23, 2012, [...]

Appeal in the works in Twitter/WikiLeaks case

The American Civil Liberties Union and the Electronic Frontier Foundation are set to file an appeal concerning the U.S. government’s attempts to obtain Twitter records in their investigation of WikiLeaks. The ACLU and EFF are seeking to prevent the government from sealing records of their efforts to obtain private information of Internet users without a [...]

California: Federal judge to decide fate of documents concerning origins of 2007 wildfire

A U.S. district judge will hear arguments on a challenge by the Sacramento Bee to the sealing of arguments in a legal dispute between the federal government and Sierra Pacific Industries over how a 2007 wildfire began and who should pay for the destruction. Sierra Pacific disputes the contention that the fire was sparked by [...]

Federal appeals court to consider suit over identity of informants

The U.S. Department of Housing and Urban Development will get another chance to protect the identity of informants in the investigation of a real estate kickback scheme in Hawaii. HUD had lost a round in an Hawaiian court when a three-judge panel said the agency failed to explain why it redacted the names of informants [...]

Video of drug agent shooting himself ruled matter of public interest

An agent for the U.S. Drug Enforcement Administration lost a ruling in federal appeals court when the court ruled that  a video that went viral of his accidentally shooting himself during a public lecture did not violate the  Privacy Act. The agent claimed that the video was part of an investigation into the shooting and [...]

EFF seeks records on drones in U.S. airspace

The Electric Freedom Foundation is suing the Department of Transportation for its records on drones operating in U.S. airspace. EFF claims the drones are used for surveillance of U.S.  citizens and are a matter of great public concern. -db From The Washington Post, January 13, 2012, by Jason Ukman. Full story    

Federal judge rules for public interest group seeking files of criminal investigation of House member

A federal judge in Washington, D.C. found that the Justice Department could not withhold files from the nonprofit Citizens for Responsibility and Ethics of their criminal investigation of U.S. Rep. Don Young of Alaska. The Justice Department did not file any charges against Young and withheld the files on privacy grounds. -db From the Anchorage [...]

New software protects anonymous speakers on Internet

Graduate students are developing software that could be used to protect whistleblowers, human rights advocates, and hackers. -db From The New York Times, January 3, 2012, by Nicole Perlroth. Full story  

Missouri: Federal appeals court rules reporter’s testimony should be allowed

The 8th Circuit U.S. Court of Appeals ruled that a court could force a reporter to testify in a lawsuit against plastic surgeons. A woman brought the lawsuit against her plastic surgeons who gave her partially nude photos to  the reporter who worked for a Missouri newspaper. -db From The Reporters Committee for Freedom of [...]

Lawyer for ‘tough sheriff’ loses round in federal appeals court on charges of muzzling newspaper

The 9th Circuit Court of Appeals was unimpressed with the lawyer of Sheriff Joe Arpaio, trashing her argument that the sheriff was not liable under the First Amendment for his attacks on The Phoenix New Times. The lawyer failed to recognize that their appeal vacated an earlier opinion setting aside an argument about conspiracy. The [...]

Reporter sues to find out how Bush and Cheney sought to shape perceptions of their administration

A Gawker reporter is suing the National Archives and Records Administration for information about how former President George W. Bush and his vice president, Dick Cheney tried to shape public opinion during their tenure. The reporter is not seeking the Bush administration documents protected under law from disclosure but rather the identities of those who [...]

Tennessee judge opens Russian adoption case

The  Tennessee judge presiding over the lawsuit over the return of an adopted 9-year-old boy to Russia ruled that the court documents be unsealed. A court memo indicated that there were no facts presented to justify sealing the case and that the 9-year-old was living in Russia far from the harsh light of publicity about [...]

Opinion: Los Angeles schools errs in keeping teacher ratings from public

The Los Angeles Unified School District is thwarting the public’s right to know how teachers rated in value-added evaluations saying that the disclosures would be “embarrassing and painful” to teachers. Parents have the right to know how students are faring under their teachers argues Jim Newton in an op-ed in the Los Angeles Times. -db [...]

Hurricane Katrina relief organization seeking details of FBI infiltration

The FBI has refused a Freedom of Information Act request for documents relating to the use of an inside informant on the work of  Common Ground Relief, a group dedicated to Hurricane Katrina relief and critical of the Bush administration’s response to the disaster. The FBI said releasing the documents would violate the privacy of [...]

Washington state: Supreme Court rules anti-gay petitioners can’t hide identities

The U.S. Supreme Court has allowed disclosure of signatures for a Washington referendum to overturn a law granting domestic partners the same rights as married couples. The opponents of gay marriage had argued that they would be subject to threats, harassment and reprisals if the signatures were released to the public. -db From the Courthouse [...]

Federal judge rules critic of international spiritual organization can remain anonymous

A federal district judge in San Jose ruled that a blogger does not have to reveal his identity to the Art of Living Foundation that promotes spirituality lessons of Ravi Shankar. The blogger had published criticisms of the foundation along with one of  their manuals, an act that the foundation said infringed its copyright. The [...]

How a Kansas doctor’s complaints took down a national public database

An investigation by ProPublica showed how one doctor through his complaints was able to remove a medical malpractice database from public access. A Kansas doctor with a history of malpractice suits  was able to enlist the American Medical Association and the Health Resources and Services Administration (HRSA) to protect his privacy interests after a reporter [...]

New Jersey teacher’s job in jeopardy over Facebook post disparaging students

A New Jersey elementary school teacher may lose her job for calling her students “future criminals.” An administrative law judge said she should be fired. The teacher intended that her comments be seen only by  her Facebook friends. -db From a commentary in Mobiledia, November 11, 2011, by Janet Maragioglio. Full story  

Top judge in Los Angeles juvenile court orders open court for child decency hearings

The presiding judge of the Los Angeles Juvenile Court plans to open court hearings to the public by the end of the month in an attempt to bolster public confidence by improving accountability and transparency. The court deals with child abuse and neglect and foster care placement. Many social workers oppose the plan out of [...]

Obama administration restores access to doctor malpractice records – with limits

The Obama administration reversed its policy to block access to information on malpractice settlements and discipline taken against doctors but set some conditions that journalists do not like. The administration said that information from the National Practitioner Data Bank could not be reposted or used with other information to identify a doctor. The administration had [...]

Woman claims documentary defames her as rapist and prostitute

A woman is suing a documentary maker for portraying her as a rapist and prostitute 30 years ago when she followed her fiance to England. The woman said she granted interviews with the filmmakers on the belief that they were making a film on paparazzi.-db From the Courthouse News Service, November 7, 2011, by Matt [...]

Rumor mill: Taylor Swift may sue over alleged nude photo

Fame has its drawbacks as another female celebrity appears nude on the Internet in a photo that appears to be fake. The Celebrity Jihad posted a photo of a topless blonde woman under the headline, “Taylor Swift Topless Private Pic Leaked?” The site says it is satirical and admits to publishing fiction and fact. Swift’s [...]

European court upholds right to sue Internet publishers in each country

Internet publishers may face a deluge of lawsuits in Europe after the European Court of Justice ruled that individuals can sue for invasion of privacy in each country where the offensive information can be accessed. “Publishers, though, should not be subject to stricter laws than would apply if the court action was taking place in [...]

A&A: Can police use hidden cameras to videotape the public without consent?

Q: Can the police legally use hidden cameras to videotape interactions with the public without the public’s consent? Not just in public–where there may be less of an expectation of privacy–but at an apartment or home entrance? A: You pose an interesting question. A provision of California’s Penal Code imposes penalties for “intentionally and without [...]

Louisiana student sues in federal court after suspended for criticizing teacher on Facebook

A Baton Rouge high school student sued school officials for suspending him and throwing him out of the honors club for criticizing a teacher on Facebook. The student made the comment from his home and removed it before school the next day. The boy’s parents contend that the comment was intended as a joke and [...]

Obama administration makes public database on doctor malpractice private

Health reporters got a kick in the rear recently when the Obama administration withdrew a public database about doctor malpractice, writes Justin Silverman for the Citizens Media Law Project. The move came after a number of reporters used the national database to write stories about how their state regulators were reluctant to discipline doctors for [...]

Federal judge rules for ‘The Hurt Locker’ in suit over use of soldier’s identity

A federal judge in California ruled that writers and producers of  “The Hurt Locker,” a film about bomb-disposal in Iraq, were protected by the First Amendment in presenting important information about a public issue. A soldier sued the film-makers for benefiting from his identity without permission. “The court found, however, that on-screen depictions of the [...]

Police say L.A. Times investigation of pensions could endanger lives

The Los Angeles County police union is fighting the Los Angeles Times over the newspaper’s quest for pension information that the union claims if made public could endanger the lives of retired officers. In a lawsuit filed in Superior Court, the union argued that in pitting the public’s right to know against legitimate safety issues, [...]

San Diego: Dispute over release of wrong documents in public records request

The Tri-City Healthcare District is asking a court to stop the San Diego Union-Tribune from publishing what they say are “privileged and confidential communications.” Tri-City accidentally provided the records in response to a public records request. The contents of the communications are not known, but among other things, Tri-City is upset that the Union Tribune [...]

2nd Circuit: Federal court allows challenge to warrantless surveillance

The U.S. 2nd Circuit Court of Appeals ruled for a second time that a suit could proceed that challenged a Congressional law allowing the National Security Agency to electronically spy on citizens without a probable-cause warrant. The case may finally come to trial unless the Obama administration uses the state secrets privilege to kill the [...]

Challenge mounted to removal of public database of doctor discipline and malpractice

Newspaper associations and public interest groups are protesting a move by the Obama administration to withhold a data bank created by Congress in 1986 to assist hospitals and state licensing boards to check doctor’s records for discipline and malpractice. The records had been useful in creating laws to protect the public as reported by Blythe [...]

California: Sonoma County pension board agrees to release pension data

After a state appellate court ruled that the Sonoma County Employees’ Retirement Association could not refuse the Santa Rosa Press Democrat’s requests under California Public Records Act for pension figures for county government retirees, the pension fund board acceded to the requests. In withholding the information, the pension fund board was complying with a 1937 [...]

Federal appeals decision busts privacy exemption for Freedom of Information Act requests

The Internet era has eroded a Supreme Court decision (Department of Justice v. Reporters’ Committee) allowing governments to deny rap sheets requested under the Freedom of Information Act. Now it is possible to tap into a national database provided by the federal courts to obtain the information. In an opinion a federal judge has even [...]

Superintendent prevents Al Jazeera reporter from interviewing students at football game about 9/11

The Superintendent of a Texas high school denied an Al Jazeera journalist access to students at a high school football game. The reporter wanted to ask students about how 9/11 affected their lives. First Amendment advocates said that the school had the right to control the press at a school function so long as it [...]

Domestic spying pervasive since 9/11

President Barack Obama has done nothing to fulfill his promise to curtail warrantless spying and in fact wants Congress to renew powers given to the federal government to conduct the surveillance. Writing a commentary for Wired, Ryan Singel quotes Julian Sanchez of the Cato Institute on the effectiveness of the spying, “We have become so [...]

Justice Department ordered to release case information related to alleged illegal search

A federal appeals court ruled that the U.S. Department of Justice must release case docket information in criminal cases where the government used cellphone location tracking data without a warrant.The American Civil Liberties Union used the Freedom of Information Act starting in 2007 in a bid for the information. The ACLU was concerned that the [...]

Judge agrees LA Times can reveal names of deputies in fatal shootings

A  superior court judge ruled that the Los Angeles Times had the right to identities of sheriff’s deputies involved in fatal shootings. The union for the deputies had contended that the names were private personnel information and to release them would create safety issues. The judge said public interest was paramount and ordered the sheriff’s [...]

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