[SLA-SF] Intersect Alert, October 4, 2006

Wed Oct 4 20:47:02 PDT 2006

Freedom of Information

IRS Sued for Lengthy Delay in Responding to FOIA Request

"The Los Angeles Gay and Lesbian Community Services Center has sued the Internal Revenue Service ("IRS") for its failure to produce records on a request made to it approximately 18 months ago.  The request sought records on the plaintiff's attempt to get itself 501(c)(3) tax exempt status.  While the IRS indicated over a year ago that it had located responsive records, it still has not produced anything, nor has it even responded to the plaintiff's communications to find out the status of the request.  This is a prime example of how a little customer service could have prevented another FOIA matter going to the Courts."

http://thefoiablog.typepad.com/the_foia_blog/2006/09/irs_sued_for_le.html

The Government Domain: Information Checks and Balances

New on LLRX: Peggy Garvin reports on a Constitution Day program entitled "Checks and Balances: Classified Information versus the Public's Right to Know," which included presentations by noted FOIA expert Tom Blanton, director of the National Security Archive, and Professor Phil Brenner of AU's School of International Service.

http://www.llrx.com/columns/govdomain20.htm

Transparency and Silence: A Survey of Access to Information Laws and Practices in 14 Countries

"This comparative study on access to information in 14 countries finds that transitional democracies outperformed established ones in providing information about government activities. Bulgaria, Romania, Armenia, Mexico, and Peru did better in answering citizens' requests for information than France and Spain. Published by the Open Society Justice Initiative (http://www.soros.org/initiatives/osji), Transparency and Silence documents how various countries did-or did not-honor the right of access to information. In analyzing over 1,900 requests for information filed in 14 countries, the report finds that countries with access to information laws performed better than those with no law or with administrative provisions instead of a law."

http://www.soros.org/resources/articles_publications/publications/transparency_20060928

National Archives and Records Administration Report on Declassification Challenges

"The following report was prepared at the request of the Archivist of the United States and was provided to him in August. Since that time, under the direction of the Archivist, it has been utilized internally as a guide for both the design of the National Declassification Initiative (NDI) and an ongoing review and adjustment of work processes pertaining to National Archives and Records Administration' (NARA's) safeguarding, declassification, and release programs. The Archivist is releasing this report in the spirit of transparency and to ensure that all quarters are aware of the challenges faced by NARA in this area, our ongoing efforts to address them, and to highlight the commitment of NARA to fulfilling our responsibilities to both safeguard information that requires continued protection and otherwise seek the prompt declassification and release of information."

Report at http://www.archives.gov/declassification/challenges.pdf. 

http://www.archives.gov/declassification/challenges.html

Orwellian

House votes to expand electronic spying powers

"Amid serious misgivings from opponents, the U.S. House of Representatives has approved a bill that would expand the government's electronic spying powers in terrorism investigations. The Electronic Surveillance Modernization Act passed late Thursday by a 232 to 191 vote, with 177 Democrats voting against it and 18 siding with the Republican majority on the vote. As well as being challenged by most Democrats, the bill had drawn opposition from a handful of Republicans and civil liberties groups."

http://news.com.com/2100-1028_3-6121474.html

Digital History

Public Libraries Burdened With E-Government Services, Says Florida Study

"Public libraries need more funding as they are increasingly becoming de facto e-government sites for everything from disaster relief to medical drug plans, according to a new Florida State University study, from Tallahassee, Fla. Government agencies are now referring people to public libraries for access and assistance with online services, a trend that is perceived by many librarians as both an opportunity and an unfunded mandate, said FSU College of Information Professor John Carlo Bertot who, along with FSU Francis Eppes Professor Charles R. McClure, research associate Lesley Langa and Paul T. Jaeger of the University of Maryland, conducted the 2006 national "Public Libraries and the Internet Survey." The final report on the study will be posted Oct. 1 at http://www.ii.fsu.edu/plinternet/."

http://www.govtech.net/magazine/channel_story.php?id=101254

Intellectual Property Issues

Public Knowledge Commends House Judiciary Committee Action on Copyright Bill

"This morning, the House Judiciary Committee decided not to proceed with a markup of HR 6052, the Copyright Modernization Act. The bill would put in place a needed new system of licensing for digital music. At the same time, the bill would place new restrictions on innovative devices that allow consumers to record music for future listening by subjecting satellite radio services to extra fees for the creation of temporary computer files necessary for playback of music."

http://www.publicknowledge.org/node/662

Orphan Works Bill Shelved until 2007

"The House abandoned September 27 a bill aiming to limit liability of copyright infringement of orphan works-copyrighted works whose owners are difficult or impossible to find. To the dismay of many supporters, in September the bill was folded into the more complicated Copyright Modernization Act of 2006 (H.R. 6052), which also deals with online music licensing. The House Judiciary Committee has withdrawn this larger bill a total of three times from scheduled markup."

http://www.ala.org/ala/alonline/currentnews/newsarchive/2006abc/september2006a/orphanworks.htm

The British Library Releases Intellectual Property Manifesto

"At what was called a "fringe event" of the U.K. Labour Party Conference, The British Library (BL) sponsored "IP Fee or Free? Public Access versus commercial opportunity in the digital age," an event that was attended by representatives from Microsoft U.K., Google, the Open Rights Group, and other industry heavyweights. Here The British Library released a document called "Intellectual Property: A Balance-The British Library Manifesto." The manifesto is short (only four pages), but it is strongly written and tackles the increasingly unforgiving intellectual property laws that BL states not only have consequences for the British economy but for preserving cultural heritage. The document presents a list of reforms to U.K. copyright law that BL feels are necessary, particularly regarding Digital Rights Management (DRM) technology."

http://www.infotoday.com/newsbreaks/nb061002-2.shtml

Copyright tussles for Google

This News.com article reviews some of Google's copyright cases and how Google is trying hard to win some of those cases for their current and future projects.

http://news.com.com/2100-1025_3-6102153.html

Judge dismisses suit against Google over trademarked terms in ads

"A federal judge granted Google a significant victory Thursday, ruling that the search engine did not violate federal law when it sold trademarked terms in an online advertising auction."

 European Commission praises U.S. moves to make Net governing body independent by 2009.

http://www.mercurynews.com/mld/mercurynews/news/local/15643188.htm

Public Policy

CRS Report on Presidential Signing Statements

Presidential Signing Statements: Constitutional and Institutional Implications, September 22, 2006 (30 pages, PDF) http://www.fas.org/sgp/crs/natsec/RL33667.pdf

"However, in analyzing the constitutional basis for, and legal effect of, presidential signing statements, it becomes apparent that no constitutional or legal deficiencies adhere to the issuance of such statements in and of themselves. Rather, it appears that the appropriate focus of inquiry in this context is on the assertions of presidential authority contained therein, coupled with an examination of substantive executive action taken or forborne with regard to the provisions of law implicated in a presidential signing statement. Applying this analytical rubric to the current controversy, it seems evident that the issues involved center not on the simple issue of signing statements, but rather on the view of presidential authority that governs the substantive actions of the Administration in question. This report focuses on the use of signing statements by recent Administrations, with particular emphasis on the current Administration and legislative proposals (H.R. 5486, H.J.Res. 87, H.J.Res. 89 and S. 3731) to regulate the use and issuance of signing statements."

National Archives Proposes Wider Checks of People Using Its Facilities

"Researchers and all other visitors at facilities run by the National Archives and Records Administration would be subject to close inspections of their personal property under regulations proposed today in the Federal Register. The proposal, for which the agency seeks public comment by November 27, would broaden the scope of people subject to searches and would expand the number of National Archives facilities where the searches would be conducted."

http://chronicle.com/news/article/1054/national-archives-proposes-wider-checks-of-people-using-its-facilities

Lawmakers say EPA's numbers don't add up

GAO agrees to review agency's plans for digitizing documents its regulators use

"House Democratic leaders have asked the Government Accountability Office to review the Environmental Protection Agency's plan to close some of its libraries as the agency converts a network of physical libraries to a digital library system. The lawmakers are concerned that thousands of documents might become inaccessible during the switchover, but EPA officials say they will ensure that doesn't happen.  . . GAO officials have granted the lawmakers' request, said GAO spokesman Paul Anderson. But because of its workload, the agency would probably delay beginning the study for 60 to 90 days, he said. "

http://www.fcw.com/article96275-10-02-06

International Outlook

Google won't hand data to Brazil judge

"Google Inc. will not meet a Brazilian judges' deadline to turn over information on users of the company's social networking service Orkut, a spokewoman said Wednesday."

http://www.businessweek.com/ap/financialnews/D8KDFT1G0.htm

Internet Access

EU welcomes autonomy plan for Net governance

"The European Commission welcomed on Monday U.S. government moves to make the company that manages Internet domain names independent by 2009, but said it would monitor the process carefully."

http://news.com.com/2100-1030_3-6121673.html

Take Action!

Join Us Oct. 10, as OMB Watch and the Center for Responsive Politics Draw the Curtain Back on Federal Spending and Congressional Conduct!

Do you want to make the most informed decisions possible on Election Day? Do you want to see which programs and agencies get the most federal dollars? How about which contractors or congressional districts?

We're unveiling a tool that will help you do just that.

Join us for what will be an extraordinary moment for good, accountable government. Participate in a live webcast on Oct. 10, 2006, 9:30 a.m. Eastern Standard Time, when OMB Watch will launch its much anticipated online database allowing you to search, aggregate and analyze all federal spending, FedSpending.org.

Also during the webcast, the Center for Responsive Politics will release two new online databases that will be made available on their government transparency mainstay OpenSecrets.org. The first will allow users to see overviews of members' net worth and holdings, and learn how many members own stock in pharmaceutical firms and oil companies, for instance. The second gives updated information on the lavish trips taken by members and their staffs that are financed by third parties--in many cases special interests with business before Congress.

When: LIVE Tuesday, October 10, 2006, 9:30 a.m. Eastern Standard Time.

Where to view it: http://www.ConnectLive.com/events/sunlightfoundation

What you'll need: Windows Media Player or Real Player

Please feel free to pass along in part or in its entirety.
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