Italian court deals setback to Google and internet freedom

Three Google executives were convicted of violating Italy’s privacy laws and responsible for posts by third parties, a blow to world internet freedom and particularly destructive to Italy’s participation in e-commerce. -db
The New York Times
February 25, 2010
By Rachel Donadio
ROME — Three Google executives were convicted of violating Italian privacy laws on Wednesday, the first [...]

FBI investigating school district for activating webcams in student’s home

After a high school administrator accused a student of “inappropriate behavior,” it came out that, without the knowledge of the student or his parents, the administrator obtained a photo of the behavior at the student’s home from a webcam in a laptop issued by the school. -db
The Pittsburgh Channel.com
February 19, 2010
A law-enforcement official with [...]

ACLU sounds warning on role of fusion centers in domestic spying

The American Civil Liberties Union warns that the 70 fusion centers set up to collect and share information after 9/11 are operating with little oversight, even book-marking law-abiding citizens for using “threatening words” one of which is “protest.” -db

American Civil Liberties Union
Opinion
January 29, 2010
By Amanda Simon

For years now, the ACLU has been sounding the alarm [...]

Call for private industry to join U.S. government to promote Internet Freedom

EFF International Outreach Coordinator Danny O’Brien says Hillary Clinton’s speech on Internet Freedom was encouraging but that both governments and global companies have to redouble their efforts to establish world-wide standards for privacy and free expression. -DB

Electronic Frontier Foundation
Commentary
January 25, 2010
By Danny O-Brien

Secretary Clinton’s speech last week on Internet Freedom was an important step [...]

Records show FBI illegally obtained telephone call records

The FBI trampled the civil liberties of United States citizens by gathering up over 2,000 phone records between 2002 and 2006 by faking terrorism emergencies or simply strong-arming phone companies. -DB
The Washington Post
January 19, 2010
By John Solomon and Carrie Johnson

The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 [...]

Internet raises stakes in cases pitting public disclosure against right to privacy

In Doe v. Reed, the U.S. Supreme Court will weigh the right to privacy under the First Amendment’s protection of freedom of speech and association against the need for open government and transparency in public elections. -DB
First Amendment Center
Commentary
January 19, 2010
By Tony Mauro
WASHINGTON, D.C. — The Supreme Court has agreed to review a case [...]

Domestic partnership law: Supreme Court takes case on privacy for petition signers

The Supreme Court agreed last week to consider whether the First Amendment guarantees the right of privacy to those signing ballot-initiative petitions. -DB

The New York Times
January 16, 2010
By Adam Liptak
WASHINGTON, D.C. — The Supreme Court on Friday agreed to decide whether the First Amendment requires that the names of people who sign ballot-initiative petitions be [...]

Obama administration releases September White House visitor logs

In a move that signals a change in practice from a year ago, the Obama administration released its log of White House visitors for September 16-30 along with 2,000 records from before September 16. -DB

Sunlight Foundation
Commentary
December 30, 2009
By Daniel Schuman
Today the White House released its log of White House visitors for the period of September [...]

Federal Court rejects argument that mug shot of securities fraud suspect is public record

A Florida federal court rejected the Freedom of Information Act request of a freelance journalist for a prisoner’s mug shot ruling that the man’s privacy was more important than the public’s interest in seeing the photo. -DB

The Reporters Committee for Freedom of the Press
December 16, 2009
By Amanda Becker
A federal court in south Florida told [...]

Supreme Court to decide if employees have privacy rights when using employer’s texting devices

At a time when most employees use computers, cell phones or texting devices in their work, the Supreme Court will rule on whether they have a right to privacy in sending messages. -DB

Baltimore Sun
December 14, 2009
By David G. Savage
Chicago Tribune Washington Bureau

WASHINGTON, D.C. – The Supreme Court said today it would rule for [...]

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 [...]

Medicare payment data to go onto public Web site

The Center for Medicare is planning to put up information about Medicare payments onto a Web site so that the public can track where the money is going. Some are concerned that this way of ferreting out fraud may also result in invasions of privacy. -DB

NextGov
November 19, 2009
By Aliya Sternstein

The Obama administration plans to launch a [...]

Nicole Richie granted permanent restraining order against paparazzi

A Los Angeles judge granted former actress Nicole Richie a “permanent” three-year restraining order against some paparazzi who stalk her daily to take photos of her and her family and even caused an accident injuring Richie two weeks ago. Judge Carol Boas Goodson was concerned about the First Amendment rights of the  two photographers but [...]

Two Germans sue Wikipedia for violation of privacy

In a case pitting German privacy law against the U.S. First Amendment, two Germans convicted of murdering an actor in 1990 are suing Wikipedia for posting their names online, an act that they claim violates their privacy now that they have served their time and are out of prison. -DB

The New York Times
November 12, 2009
By John [...]

Foundation provides records of secret negotiations for telecom immunity in illegal government surveillance

Using the Freedom of Information Act, the Electronic Frontier Foundation obtained the records of secret negotiations between government agencies and Congress that provided immunity for telecoms cooperating with the government in warrantless surveillance of American citizens. -DB

Electronic Frontier Foundation
Press Release
November 12, 2009
SAN FRANCISCO – Today the Electronic Frontier Foundation (EFF) posted thousands of pages of [...]

Redding newspaper sues fire district for records on investigation of ex-fire chief

The Redding Record Searchlight has asked the county superior court to release documents on alleged mismanagement and misconduct by an ex-fire chief. The chief resigned last July. -DB

Redding Record Searchlight
November 10, 2009
By Jim Schultz

The Record Searchlight on Monday sued the Anderson Fire Protection District to obtain an investigator’s report on the conduct of its former [...]

Federal appeals court keeps Chicago police disciplinary records under wrap

The public will not have access to disciplinary records relating to citizen complaints against police in Chicago as a federal appeals court ruled that since the records were never a part of a court proceeding, the public had no right to access them. The police misconduct case was settled out of court. A journalist and [...]

USC journalism students fighting for death records for swine flu

Many California county health officials are discounting arguments that it is in the public interest to know who died from swine flu and refusing to release the records to journalism students from University of Southern California’s Annenberg School of Journalism. In denying the requests, officials cite privacy issues and the Health Insurance Portability and Accountability [...]

California Attorney General: First Amendment advocates criticize secret taping of phone calls with reporters

A spokesman for California Attorney General Jerry Brown admitted he secretly taped several conversations with news reporters in violation of California law. -DB

San Francisco Chronicle
October 30, 2009
By Joe Garofoli and Carla Marinucci
SAN FRANCISCO — A spokesman for Attorney General Jerry Brown acknowledged Thursday that he taped a phone conversation with a reporter for The Chronicle [...]

Illinois: State attorney subpoenas personal records of students involved in Northwestern project to prove the innocence of convicted felon

The Illinois state attorney’s office has requested the e-mails, grades, course syllabi, expense reports and notes and tapes belonging to students formerly involved in the Innocence Project and in trying to prove the innocence of a man convicted of murder in 1978. The state attorney is trying to trace a grade motive for evidence produced in [...]

Federal judge orders Prop. 8 backers to cough up campaign strategy documents without delay

Backers of proposition 8 were hoping to delay turning over campaign records while appealing  a court order to surrender the documents. But a district federal judge ordered them to relinquish the documents so that Prop. 8 opponents could examine them for anti gay bias. -DB

San Francisco Chronicle

October 26, 2009
Bob Egelko
SAN FRANCISCO — A federal judge said [...]

California’s new anti-paparazzi bill allows celebrities to sue publications

Under a new anti-paparazzi bill signed by California Governor Arnold Schwarzenegger, a celebrity can sue a publication if it prints objectionable material illegally obtained. The law, certain to undergo a First Amendment challenge, also establishes a fine of up to $50,000 for taking and selling unauthorized photos of celebrities engaged in personal or family activities. -DB
iVillage Entertainment
Commentary
October [...]

Glen Beck’s suit claiming unfair use of a trademarked name garners stiff response

Conservative commentator Glen Beck ferreted out the identity of an anonymous person behind a site that satirized Beck’s rhetorical style for the purpose of filing a suit against the man. The man, Isaac Eiland-Hall, claims that site poses no real threat to Beck’s livelihood but that Beck is filing the suit to shut down protected expression [...]

Provocative signs at Marine’s funeral ruled protected speech

A federal appeals court ruled that, though repugnant, signs such as “Thank God for dead soldiers” at a Marine’s funeral were constitutionally protected as speech intended to spark public debate. -DB
The Baltimore Sun
September 25, 2009
By Nicole Fuller
A federal appeals court ruled Thursday that a fundamentalist Kansas church’s protest outside the funeral of a Westminster Marine [...]

Obama asks for renewal of Patriot Act provisions sanctioning secret domestic spying

The Obama administration has notified Congress that it backs renewing provisions of the Patriot Act which expires at the end of the year. The provisions include a secret court for granting wiretaps and warrants for records – banking, library and medical. -DB
Wired
September 15, 2009
By David Kravets
The Obama administration has told Congress it supports renewing three provisions [...]

Judge rules challenge to records release a SLAPP

While acknowledging that a plaintiff had no right to keep pension records private, a Superior Court judge ruled that the plaintiff’s concern about her privacy was legitimate and dismissed a motion for attorney fees brought by media concerns. -DB
Metropolitan News-Enterprise
September 8, 2009
By Steven M. Ellis
An action by a group of newspapers against a retired Contra Costa [...]

Reporters Committee asks high court to forego review of release of torture photos

The Reporters Committee for Freedom of the Press has filed a brief with 16 other news organizations to argue that the Freedom of Information Act was properly applied in an appeals court decision requiring the release of images of detainee abuse in Iraq and Afghanistan. -DB
Reporters Committee for Freedom of the Press
Press Release
September 8, 2009
The Reporters [...]

Suit asks for records concerning warrantless searches of travelers’ laptops

The American Civil Liberties Union has filed a Freedom of Information lawsuit in federal court to obtain records pertaining to the immigration and border policy of routinely searching traveler’s laptops. -DB
Congress Daily
August 26, 2009
The American Civil Liberties Union wants federal government records pertaining to the U.S. Customs and Border Protection’s policy of searching travelers’ laptops without [...]

Blogger intends to sue Google over outing

After Google revealed the identity of an anonymous blogger, her lawyer promised to sue citing the First Amendment right to speak anonymously. -DB
Wired
August 24, 2009
By Kim Zetter
An anonymous blogger unmasked by Google last week following a court order has vowed to sue the internet giant for violating her privacy.
Rosemary Port, who operated a blog called “Skanks [...]

Open government elusive in San Jose

When San Jose city officials use e-mail to conduct official business, open government may suffer. To track how outside interests can influence decisions, the public is now asking government officials to reveal the content of messages in private accounts. -DB
San Jose Mercury News
August 16, 2009
By Denis C. Theriault and John Woolfolk
The marathon San Jose City Council [...]

Stanislaus retirement board denies requests for pension amounts

The Stanislaus County Employees’ Retirement Association has denied a request under the California Public Records Act for the names of retirees with annual pensions over $100,000. -DB
The Modesto Bee
August 10, 2009
By Ken Carlson
The Stanislaus County Employees’ Retirement Association has refused to release records about public service employees receiving the most lucrative pensions.
The retirement board, in a [...]

Federal court orders release of Bush clemency records

rivacy exemptions under the Freedom of Information Act will not block the release of the names of those pardoned by President George W. Bush, a federal appeals court ruled. -DB
Reporters Committee for Freedom of the Press
August 7, 2009
By Jonathan Jones
The names of people who President George W. Bush rejected for executive clemency cannot be withheld [...]

Students punished for off-campus speech

A CMLP intern says that there is an epidemic of cases in which students are reprimanded for off-campus speech. A case in a Mississippi high school illustrates the way students can be denied their First Amendment rights. -DB
Citizen Media Law Project
Commentary
July 28, 2009
By Lee Baker
The Supreme Court once famously said that public school students do not [...]

Judge says government pension records subject to disclosure

The California Supreme Court ruled in 2007 that names and salaries of government employees are public record but did not specifically mention retirees. A Contra Costa judge has now ruled that that records of county’s pension funds must be disclosed. -DB
Metropolitan News-Enterprise
July 15, 2009
By Sherrim M. Okamoto
A county’s pension records are not exempt from disclosure pursuant [...]

Los Angeles plans to shift records from software to Google

The Los Angeles City Council will decide whether to shift e-mails and other public records from its antiquated records retention software to a Google service which experts say could improve public access. The police department is concerned that sensitive arrest records would not be secure in the event of the shift. -DB
Los Angeles Times
July 17, [...]

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 [...]