Legislation in the proposed farm bill that would have made the location of cows secret in the United States appears to have stalled, according to word from Patrice McDermott from Openthegovernment.org. Her organization led an effort to oppose the legislation with a letter signed by 28 organization, including SPJ (see FOI FYI blog entry from November). Speaking out can make a difference!

It seems like this is the year of e-mail and text messages in the FOI world, emphasized by the Detroit mayor affair. A First Amendment Center intern wrote a nice overview of the issue. Also, check out a great summary of other recent developments in e-mail at the Reporters Committee for Freedom of the Press.

Native American tribes are sovereign nations, and as such, come up with their own rules and laws on public meetings and open records, and one tribal council appeared reluctant to be forthcoming with information tribal members demanded to know. Members of the Lumbee Tribe in North Carolina asked their council members questions about tribal leaders’ relatives getting special treatment. The council cut the speakers off and adjourned the meeting, according to a story in The Fayetteville Observer. Covering tribes can be challenging, for tribal journalists and non-tribal journalists, but it is still possible. For a great guide to covering news in Indian Country, see the Reporters Committee for Freedom of the Press Guide to American Indian Law, and also check out the Native American Journalists Association Web site.

The governor of South Carolina signed into law a measure that makes concealed weapons permits secret (see story). About a half dozen state legislatures have considered similar secrecy laws this year, pushed by gun enthusiasts who say those records invade their privacy. Some of the laws were spurred by public outrage following The Roanoke Times posting permit holders online with their street addresses. This is illustrative of how journalists need to weigh the benefits to the public versus the negative ramifications when posting data online. How we use records and data can create a backlash if the public purpose is not apparent to citizens. It’s also an example of how a strong lobbying group can push through secrecy laws if it has public support on its side.

Maine lawmakers passed a shield law to make Maine the 35th state to protect journalists from revealing confidential sources unless disclosure is of public interest or crucial to a case. A lot of journalists worry about these shield laws – that they are the first step in moving toward government licensing of reporters. That’s a valid concern, and I worry about that as well. But one thing I like about this Maine shield law is that it does not define journalists by their employer. It essentially allows anyone to be covered who is doing the act of journalism. Here’s the definition: “For the purposes of this section, “journalist” means any person or entity professionally or regularly engaged in gathering, preparing, collecting, writing, editing, filming, taping, photographing or disseminating written, oral, pictorial, photographic or electronically recorded information or data concerning events or matters of public concern or interest or affecting the public welfare or a person supervising or assisting that person or entity.” That includes bloggers, citizens or anyone else who is committing acts of journalism.

Webster County (Miss.) Sheriff Phillip Smith has concealed the arrests and jailing of eight people, according to a story in The Webster Progress Times, claiming the secrecy is needed to protect an investigation. This is taking the “investigatory” exemption too far. Like in most states, Mississippi requires jail logs to be public to ensure that police do not secretly roust people out of a bed and imprison them without anyone knowing (something Stalin, Saddam Hussein and other dictators would like to do to political opponents, but generally frowned upon in most countries). Now, if information in police files made public would hurt an open investigation, that specific information could be kept secret, but the names of people jailed should remain public. Journalists (and citizens) should not tolerate this abuse of power and first step on a slippery slope toward totalitarianism.

The Association of Health Care Journalists is urging reporters to not sign confidentiality agreements with hospitals, which prevent journalists from disclosing information without a hospital’s permission. The agreements, which appear to be originally written for hospital employees, threaten civil and criminal prosecution for divulging any information the hospital deems personal or private. See examples of these outrageous forms of prior restraint at the AHCJ Web site.

A new bill (HR 5811) proposed by Rep. Henry Waxman, D-Calif., and a few other House members, would require the White House to establish standard procedures for keeping electronic records and e-mail, following a long investigation into the current administration failing to provide electronic records. Way to go, Rep. Waxman. You continue to do great work toward improving government transparency. See bill info.

Ten North Carolina media organizations are suing over the methodical deletion of government e-mails. See story.

Presidential candidate Hillary Clinton, speaking at a luncheon with newspaper executives, pledged her support for the federal shield law and transparent government. John McCain and Barack Obama expressed their support on Monday. See summary by the Reporters Committee for Freedom of the Press.