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  • Latest News

    Cases

    Amici Briefs Digest, Dec. 2017

    […] amicus brief in the Ninth Circuit Court of Appeals. It argues that the federal statute that authorizes National Security Letters --commonly used to obtain customer records from electronic communication service providers -- is unconstitutional because it requires a prior restraint in violation of the First Amendment. The statute, 18 U.S.C. §§ 2709, 3511, allows […]

    December 8, 2017

  • Asked and Answered

    Newsgathering

    Recording a person without their knowledge

    […] have been completely private from the participants" in attendance. Sanders v. ABC, 20 Cal. 4th 907, 911, 915 (1999) ("a person may reasonably expect privacy against the electronic recording of a communication even though he or she had no reasonable expectation as to confidentiality of the communication's contents"). It is unclear whether the fact […]

    June 14, 2009

  • Asked and Answered

    Newsgathering

    Potential Eavesdropping, Amplifying Speakerphone

    Does Penal Code section 632 (a) include a speakerphone conversation in the definition of "electronic amplifying"? I use speakerphone while working on the computer, however none of my conversations are considered confidential.

    June 14, 2009

  • Asked and Answered

    CPRA

    911 transcripts

    As a general rule, any paper and electronic documents collected, owned, or maintained by a state or local agency is a public record for the purposes of the California Public Records Act, Government Code section 6250 et seq., and is available for public inspection and copying unless one of the Act's exemptions applies.  If […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    A City Council’s COVID-19 Ordinance Allows Only email or Pre-Recorded Telephonic Comments

    […] local legislative body or state body that holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically. . . shall have satisfied any requirement that the body allow members of the public to attend the meeting and offer public comment. Such a body […]

    January 20, 2021

  • Cases

    Public Records

    MSW Media, Inc. and First Amendment Coalition v. United States DOGE Service

    […] other parts of DOGE’s structure remain unknown. In an effort to reveal more details regarding DOGE’s structure, on February 25, FAC submitted a FOIA request seeking all electronic communications between Musk and DOGE staff since January 20. DOGE never responded to the request, thereby failing to comply with federal law requirements. The lawsuit asks […]

    March 28, 2025

  • Pages

    Terms of Service

    […] by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. A statement by you, made under penalty of […]

    July 8, 2024

  • Posts

    FAC Supports AB 1758 to Limit Cost of Courts Records in California 

    FAC supports Assembly Bill 1758, which would reduce barriers to public information by prohibiting California courts from charging unreasonable fees to search, view or download electronic records on court websites. Read our joint letter with the California News Publishers Association in support of AB 1758. You can track the bill's status on the California Legislature's website.

    April 14, 2023

  • Latest News

    Blog

    Unplug Wikileaks? Enact a Federal Shield Law Instead

    […] fingerprints of  sources, rendering leaked documents untraceable. By contrast, the same documents leaked to the Washington Post, whether by means of email, "cloud"-based internet services or other electronic communications, would be vulnerable to interception and tracing. And if the documents, instead, were hand-delivered to the Post, its reporter could be subpoenaed and forced to […]

    November 16, 2010

  • Latest News

    Press Release

    Joint Statement from FAC and EFF on DOJ Leaks Investigations

    […]  information of public interest that was obtained unlawfully, so long as the journalists themselves broke no laws in receiving the information.  However, this law has never been applied in the context of an Espionage Act prosecution. Contacts: David Snyder Executive Director First Amendment Coalition [email protected] 415-460-5060 David Greene Civil Liberties Director Electronic Frontier Foundation [email protected]

    August 4, 2017