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First Amendment: Supreme Court to decide on limits on data mining for commercial purposes

donal brown April 26, 2011

The U.S. Supreme Court heard arguments this week about whether a state may prohibit the purchase of doctor prescription records by pharmaceutical sales representatives. While patient privacy is protected, doctors enjoy no privacy so pharmaceutical companies seek data on which drugs and brands doctors prescribe. The companies are contending that a Vermont law allowing doctors to elect to keep their prescription information private violates the First Amendment rights of data miners and denies information to

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California: Santa Ana City Council commits possible open meeting violation

donal brown April 26, 2011

The Santa Ana City Council voted last week to settle a lawsuit concerning a housing project but in doing so may have violated the Brown Act, California’s open meeting law, since the public was not allowed to comment on the settlement. The council took the vote precipitously to accommodate a council member who had another engagement. Three others on the council could not vote because of a conflict of interest so the council needed to

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New York: Student speech rights set back by federal appeals court ruling against high school blogger

donal brown April 26, 2011

A New York federal appeals court delivered a double whammy to student free speech rights in ruling that a high school administration could punish Avery Doninger for statements in her off-campus blog and subsequently for wearing a “Team Avery” T-shirt at a school assembly to protest the earlier punishment. The ruling focused on the issue of “qualified immunity”, that government officials cannot be held liable for damages even if they violate the law if the

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Access to records: Court reporters’ ownership of transcripts challenged

donal brown April 26, 2011

The California Legislative Analyst’s Office is recommending phasing out court reporters in favor of electronic transcription. The Office thinks it will save the state $113 million a year but studies have raised doubts that any savings would occur. Some open government advocates are also challenging the status quo by questioning the benefits of allowing court reporters intellectual property rights to court transcripts ergo the right to collect fees for copies thereby limiting access. -db From

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Exiles use Internet to promote Syrian revolt

donal brown April 25, 2011

Anti-government activists living in the Middle East, Europe and the U.S. are taking a leading role in using the Internet to defy the autocratic Syrian government in providing news of the uprising to the world. Writing in The New York Times, Anthony Shadid described the work of one man, “Gaunt and with bloodshot blue-green eyes, Mr. Nakhle navigated a cascade of information Friday — a frenetic conversation on Skype with 15 people in Syria, a

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