News & Opinion

Digital freedom watchdog sues Justice Department over Patriot Act

The Electronic Freedom Foundation sued the Department of Justice for its failure to release documents detailing its interpretation and use of Section 215 of the U.S.A. Patriot Act. The section allows the FBI to obtain a court order for “any tangible thing” related to a terrorism investigation. The EFF claims the government has been misusing the Patriot Act to investigate citizens without their knowledge. -db From the Courthouse News Service, October 27, 2011, by Maria

Read More »

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 the country in which they are based,” reports Out-Law.com. From Out-Law.com, October 26, 2011. Full story

Read More »

Federal court rules against teacher fired for bringing disorderly conduct complaint against student

An Illinois junior high school teacher, fired for bringing a disorderly-conduct complaint against his student, lost a bid in federal court on a First Amendment retaliation claim. The judge in the federal suit said the teacher had not shown that his speech was a matter of public concern rather just a personal issue so could not rest his case on the First Amendment. -db From the First Amendment Center, October 27, 2011, by David L.

Read More »

A&A: Can public access city’s internal investigation report?

Q: Can an internal investigation conducted by a city be obtained by an individual. The essence of the investigation is the purchase of equipment from a company and paying twice the amount quoted by another company for the same exact equipment. The difference in price was $25,000. The copy of the outcome of the investigation has been requested but denied twice because the city says it is an internal investigation and is not available to

Read More »

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 the consent of all parties to a confidential communication … eavesdrop[ping] upon or record[ing] the confidential communication [by means of

Read More »