Peter Scheer

One judge’s brilliant (and hilarious) rejoinder to lawyers trying to cut off public access to court documents

Thumbs up to federal District Judge Charles Breyer, who has come up with a brilliant—and hilarious—way to register displeasure with the practice of over-sealing documents and information in the official record of court cases. Judge Breyer (whose brother is Supreme Court Justice Stephen Breyer) has presided for several years over a shareholders’ lawsuit against Hewlett-Packard concerning the company’s ill-fated acquisition of a British software company that turned out to be worth billions less than HP thought

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Successful outcome in FAC suit pulls back curtain on “deliberative process” 

The First Amendment Coalition has reached a highly favorable settlement in a PRA suit against Marin County for records relating to a stream conservation ordinance. The outcome should serve as a warning to local governments proposing to withhold records on grounds they reflect how official decisions are made. FAC and its co-plaintiff, environmentalist David Schnapf, will receive over 700 pages of records, including multiple drafts of the ordinance and notes taken by members of the Board of Supervisors

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California’s Computer Privacy Laws Require a Critical Update: SB 178 is it.

Police need a warrant to rifle through papers in your desk drawer, so the same should go for sensitive digital data like email, text messages, location history and stored documents of all kinds. Tell your assemblymember to support S.B. 178 (text of bill), the California Electronic Communications Privacy Act (CalECPA), to protect our private digital lives from government overreach. California’s electronic privacy laws were written in, and for, the digital ecosystem of the  1970s and 80s. CalECPA is

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1st Amendment unravels plans to hide Cosby transcript, police-shooting video

BY PETER SCHEER—For lawyers who specialize in helping clients suppress information that could prove embarrassing or worse, several recent developments just made their job a lot harder—which is, of course, a good thing from the standpoint of the public interest. Last week a federal judge in California was persuaded to lift a protective order that had barred public access to police videos showing Gardena City police fatally shooting an unarmed young man. The judge, in

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FAC-backed bill, AB 521, would require disclosure of water usage by corporations

The California Legislature will consider a FAC-backed bill to narrow the CPRA’s exemption for information on water usage by customers of government water districts. The bill, AB 1520, would reverse the outcome of an unsuccessful lawsuit filed by FAC against the Coachella Valley Water District in 2014. The CPRA for nearly 20 years has had a special exemption, Gov Code section 6254.16, for public utilities, including water districts, allowing them to withhold “usage data” for

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