News & Opinion

New Pentagon policy favors ‘presumption in favor of disclosure’

The Defense Department has revised its policy regarding the Freedom of Information Act to include the “presumption in favor of disclosure”. The change is to promote  transparency and accountability involving the FOIA with prompt response to requests. Despite President Barack Obama’s early assurances that transparency would be a priority, the White House has come under criticism for failing to deliver on the stated goals if its open government initiative. -db From Fierce Government, August 14,

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FCC looking into cutoff of cell phone service in BART station

The Federal Communications Commission has begun an investigation into the Bay Area Rapid Transit’s suspension of wireless service in commuter stations in response to a threatened protest on August 11. FCC spokesman Neil Grace said the agency is gathering information and hearing from “stakeholders.” The transit district was concerned about unsafe conditions arising from the protest that never materialized. Grace said there were public safety issues in curtailing service. -db From the National Journal, August

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Obama to issue new order improving security in response to WikiLeaks

The Obama administration will issue an executive order in a matter of weeks to tighten security of classified information. New procedures will meet the challenge of groups like WikiLeaks who  got ahold of thousands of classified documents concerning the Iraq and Afghanistan wars. The procedures will fill in gaps in policy for information systems security and facilitate the detection of insider threats to information security. -db From Secrecy News, August 12, 2011 by Steven Aftergood.

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California appeals court truns back free speech challenge of sexual predator law

The California Third District Court of Appeal ruled constitutional a  state law making it a felony to contact a minor intending to commit a lewd act. The court found the law punished only those with criminal intent so it did not infringe upon anyone’s free speech rights. Judge Ronald Robie wrote for the court,  “Before the statute is violated, the defendant must know or reasonably should have known the other person was a minor, have

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Nevada student loses free speech case over threatening text messages

A federal judge ruled that school officials could expel a Nevada high school student for sending messages threatening female students. The judge rejected claims that the student’s rights were violated when he was punished for off-campus speech and cited the Supreme Court case, Tinker v. Des Moines that established the “substantial disruption standard.” He wrote, “Where a student’s speech is violent or threatening to members of the school, a school can reasonably portend substantial disruption.

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