Arizona city suggests capping records requests that take ‘long hours’ to complete

Arizona open records laws may be under attack if the legislature passes a bill that threatens to limit the number of information requests a person can file, according to the Arizona Daily Sun. Currently, Arizona law says records must be “open to inspection by any person at all times during office hours.” But Yuma City Records Coordinator Susan Alden told the Daily Sun this law requires long hours for staffers to meet multiple, broad records requests. Even so, she said there is ”less need to limit the number of requests someone can submit in a period time,” and more need to allow agencies to charge for research time.

Wisconsin FOI Council calls out organization for labeling their own records private

The Wisconsin Freedom of Information Council is challenging a national federalism and conservative public policy organization for exchanging documents with government officials through private online drop boxes and labeling its own materials with disclaimers saying they are not subject to the Wisconsin open records law, according to the Beloit Daily News.

Michael Bowman, senior director of policy and strategic initiatives for the American Legislative Exchange Council (ALEC), said the organization publicizes its final policy decisions. But until then it keeps documents secret so they aren’t mistaken for final policy, the Daily New reported.

The group also uses drop box to exchange documents instead of email because it thinks drop box files are not subject to public records.

But the Freedom of Information Council scoffs at these practices, coming alongside Madison-based Center for Media and Democracy that filed a lawsuit June 6 seeking ALEC’s materials related to a Republican state senator.

“A stamp by a private non-governmental group saying the records that it shares with lawmakers are not subject to open records laws should carry no weight,” Bill Lueders, president of the Wisconsin Freedom of Information Council, told the Daily News.  “Absolutely none.”

Pennsylvania county conceals records for controller charged with felony

A Pennsylvania county denied the Citizens’ Voice news organization’s open records request for a county controller’s email records because he was arrested on felony electronic-surveillance charges, and he allegedly violated the state’s wiretap law, according to the Citizens’ Voice.

The Voice requested copies of the controller’s emails from January to May 2013 and from Jan. 1, 2012 to April 30, 2012, but said on June 11 that they were denied by Luzerne County because the controller “is under criminal and non-criminal investigations.”

The Citizens’ Voice said it plans to file appeals to the state Office of Open Records claiming that it is implausible that all of the controller’s emails are exempt from the Right To Know Law.

Kara Hackett is SPJ’s Pulliam/Kilgore Freedom of Information intern, a freelance writer and a free press enthusiast. Contact her at khackett@spj.org or on Twitter: @KaraHackett. – See more at blogs.spjnetwork.org/foi

Are you a reporter who goes above and beyond expectations to hold your elected and government officials accountable? Or how about a citizens group working behind the scenes to make public records more accessible in underprivileged neighborhoods?

I’d like to talk to you. Here’s why:

I didn’t know much about press freedoms until I went to a small private college in Indiana where the campus newspaper was bound by chains of censorship. As a freshman I remember flipping through the paper and finding articles that read more like press releases.

It didn’t take a trained eye to notice. Most of my friends called the paper “a joke,” and bugged me about my decision to join the staff near the end of sophomore year.

Sure, I saw the newspaper’s flaws. But I couldn’t pull myself away from conversations with some of our college reporters who felt unable to print the words they desperately wanted to say, lest the black ink on their pages turn to black marks on their records or worse, an untimely end to the paper all together.

You see, at private universities that pay for their student newspapers’ operating costs (rent for the building, computers for production), administrators technically have the final say about what can and cannot be printed and whether the paper can even exist.

But during my four years at college, my campus newspaper made a turnaround. We started conversations that leveled a campus apartment complex and renovated an out-of-code athletic facility, and just to toot our own horn once more, we were named “Journalism Website of the Year” by the Society of Professional Journalists my senior year.

All of this to say that my time as a college reporter taught me a valuable lesson. When you’re on staff at one of these private schools, you’re privy to a perspective on the free press and the First Amendment that (in my humble opinion) most journalists don’t realize until they have their first run-in with the law some ten-years into their career.

Anyway, when you’re on staff, you realize you’re working under an administration that’s always going to try to tip the scales in their favor and stop you from finding flaws in the system. (Sound familiar?) Well, as a reporter, you either dive into the deep waters and learn to swim on your own, or you stay in the shallow end of the reporting pool and print press releases. There’s really no room to wade in the waters in-between.

Now that U.S. news outlets are waking up to a similar reality with the federal government, I can only wonder: Will we reporters learn to swim on our own, or will we stay in the shallow end, clinging to our petty arguments and political ideologies like water floaties?

I’d like to think the former, but a recent article by Glenn Greenwald in the Guardian has me wondering: What is it that we— journalism junkies, First Amendment freaks and open government advocates — are actually doing to lead the grassroots fights for the free press? Are we diving into the deep end of pool, and if we are, are we sinking or swimming?

Sure, we could have a federal shield law in our favor soon. Consider that the government tossing us a water-logged noodle. We’ll still have to kick to keep our heads above water, and Greenwald says that so far we’re not really holding our own weight. We’re not claiming control of the press on our own terms, that is. Instead, we’re waiting around for the government to pull us ashore, slide water wings up our slippery arms again and help us back into the shallow end where they can keep an eye on us.

So I’m out to prove Greenwald wrong — just like I was out to show my college classmates that a private school newspaper doesn’t have to be an administrative PR tool.

As SPJ members, journalists and free press advocates, let’s not grant our government the right to decide how we report the news. Let’s ban together and claim our freedoms for ourselves.

I know from firsthand experience that it is possible. And maybe you do, too.

The rest of this summer, I’m going to write weekly profiles about ordinary reporters and citizens making extraordinary strides for free information around the country. But I’m only one person with a limited number of contacts, so to make this blog successful, I’m going to need your help.

If you know anyone (or any group) diving in and creating grassroots change or kicking against the repressive norm, share their story with me at khackett@spj.org.

Let’s make a splash to show Greenwald and our government what American journalism is really about.

Cannon balls away!

Kara Hackett is SPJ’s Pulliam/Kilgore Freedom of Information intern, a freelance writer and a free press enthusiast. Contact her at khackett@spj.org or on Twitter: @KaraHackett.

The U.S. Freedom of Information Act turned 46 on July 4, 2012.  Today’s blog contains reminders of those whose sacrifices made our access to government information possible.

For instance, Judith Miller (though herself controversial among journalists) spent 12 weeks in jail  in order to defend her right to refuse disclosure of her sources and, on a grander scale, your right to do the same.  Whistleblowers across the globe continue to expose wrongdoing, often risking retaliation or the loss of their career.   Some  journalists risk or sacrifice their lives fighting to obtain information from the government.

This was the case for Satbir Sharma, from India, whose wife was killed and father wounded in retributive action by their mayor, Dharamvir Malik, The Associated Press reported. The Sharma family had previously filed a corruption report against Malik using information obtained through India’s new right to know law.

Our country affords us the privilege to fight to secure additional freedoms. One example of this was seen with Utah’s infamous House Bill 477.  The bill included — among other provisions — an exemption for legislators’ text and instant messages. The bill passed and went into effect immediately.  However, the media and public responded en masse,  and Utah Governor Gary Herbert and the legislature repealed the law shortly thereafter. He and other GOP leaders in the state then commissioned a working group to address the problems with Utah’s open access laws.  Ultimately, many of the recommendations from the working group were included in this year’s S.B. 177.  A  Utah state ombudsman position and  mandatory online online training for records offices are two of the transparency measures from this bill.

Journalists carry the responsibility to be the fourth estate and help keep the government accountable. We are the beneficiaries of the tenacity of  trailblazers who showed headstrong commitment to open government and freedom of information. We need to continue to encourage the passage of a federal shield law so sources can expose wrongdoing without undue fear of reprisal or discovery.  We need to fight for more federal agencies to adopt stronger whistleblower protections. In short, we need to do more to secure citizens’ rights to government information.

Read more:

• Information on the U.S. Freedom of Information law.
• The National Security Archive compiled 46 headlines from the past year that showcase FOI successes.
• More on the 46th anniversary of the Freedom of Information Act at openthegovernment.org.
• Check out the bi-partisan faster FOI effort by Senators Patrick Leahy (D-Vt.) and John Cornyn (R-Texas).

Whitney is the summer Pulliam/Killgore intern with SPJ. She recently graduated from Brigham Young University after studying journalism. Connect with her via email –  wevans@hq.spj.org –  or on twitter – @whitevs7

*Know something about Freedom of Information that you think we should cover in a blog post? We want to hear from you! Send information to wevans@HQ.SPJ.org. It may be featured in a future post.

A vital aspect of success in freedom of information is the transition from the paper age to digital. While the United States was once a leader in freedom of information legislation and implementation, we still remain somewhat rooted in backlogs and delays, much of which could be solved.  The Office of Government Information Services is working to rectify this. OGIS is working with government agencies to move documents  online and make access to public documents consistent across agencies. The agency also has an online database where people can view cases that have been filed with OGIS, along with the case’s progress and results.

Two countries for OGIS to study in the move toward online transparency are Mexico and Norway. Both have already made significant progress with adapting their respective laws to the digital age.  In Mexico, where official freedom of information laws are only a decade old, there are INFO-DF and INFOMEX-DF. These websites allow interested parties in any country online access to public documents and search through previous FOI requests and the government’s response.

While it would be easy to point to Mexico’s relatively recent freedom of information laws, Norway’s public records law was implemented in 1970, with an update in 2003. Norway’s website is similar to Mexico’s, with information available for the public to access and share. They’ve also made public information available via Twitter. Additionally, the site boasts a Data hotel, where public bodies can more easily make information accessible online.

Whitney is the summer Pulliam/Killgore intern with SPJ. She recently graduated from Brigham Young University after studying journalism. Connect with her via email –  wevans@hq.spj.org –  or on twitter – @whitevs7

*Know something about Freedom of Information that you think we should cover in a blog post? We want to hear from you! Send information to wevans@HQ.SPJ.org. It may be featured in a future post.

In an article on changing corporate culture, strategic adviser Peter Bregman suggests the power of peer pressure to affect far-reaching change within the culture of a business .  Bregman cites a study by Leann Lipps Birch that showed children’s preferences for foods they disliked increased when they saw their peers eating the same foods.  Using this as a launching pad, he suggests the best way to change the culture of a company is to do positive, story-worthy things, or showcase those who are making positive efforts, and change the stories being told. Once people hear positive stories about their agency, they are more likely to follow suit.

What does this have to do with freedom of information? A look through stories in recent media shows that some public bodies and government officials are still less than excited to cooperate with the public’s demand for greater transparency and access to information. For example,  the House Committee for Government Oversight and Reform recently to investigated questionable Department of Labor policies that would affect media outlets. Additionally, committee chairman Darrell Issa (R-CA) questioned Attorney General Eric Holder regarding the  ‘Fast and Furious’ operation.  These show public bodies need to shift from secrecy to transparency, ideally sparking a change among requesters — from suspicion to cautious trust.

However, there are still those who work to further government transparency, effectively changing the nature of the stories being told. For instance:

• Maurice Frankel, a freedom of information expert in the United Kingdom, is using the power of peer pressure to force change in his corner of the world. In a recent article, he offered The Netherlands’ punitive measures as an example of what can be done in instances of  freedom of information violations. Adding insult to injury, FOI violators may be subject to fines of 30 euros daily for late responses to FOI requests, to be paid directly to the requester. Fines can reach a maximum of 1260 euros. Frankel adds that The Netherlands FOI laws are currently under review, so the efficacy of these punitive measures may soon be known.
• Rosemary Agnew, Scotland’s  Information Commissioner,  is looking for ways to inexpensively train public bodies. Agnew is trying to help public bodies  respond correctly to requests when they’re first made, effectively freeing up resources in the process.  Agnew has experience with responding to freedom of information requests. She found training to be expensive, and is working to find ways to make training more affordable and accessible to all employees in the public sector.

Whitney is the summer Pulliam/Killgore intern with SPJ. She recently graduated from Brigham Young University after studying journalism. Connect with her via email –  wevans@hq.spj.org –  or on twitter – @whitevs7

*Know something about Freedom of Information that you think we should cover in a blog post? We want to hear from you! Send information to wevans@HQ.SPJ.org. It may be featured in a future post.

The Illinois legislature approved a bill that, if signed into law by the governor, would hurt the ability of frequent FOI requesters to get prompt responses from the government.

According to House Bill 1716, people who make more than seven requests in a week, 15 in 30 days or 50 per year to the same public body would be considered “recurrent requesters.” Their requests could take up to 21 days for a response under the new rules if the bill becomes law.

The bill also includes provisions for the addition of fees to commercial information requests that will take more than eight hours to complete, according to the State-Journal-Register.

The bill doesn’t apply to members of the news media.

Although journalists are safe from its implications, the bill encroaches upon the right of citizens to request information from their government as often as they want without facing additional obstacles to obtaining that data beyond those legally permitted by disclosure exemptions.

While the legislature may have passed this bill, there’s still a chance Gov. Pat Quinn could veto it and protect the citizens from its proposed restrictions. He received the measure on June 29.

– Morgan Watkins

Morgan Watkins is SPJ’s summer Pulliam/Kilgore Freedom of Information intern and a University of Florida student. Reach her by email (mwatkins@spj.org) or connect with her on Twitter (@morganwatkins26).

Ex-ATF agent accuses agency of retaliation over Project Gunrunner

An agent from the Bureau of Alcohol, Tobacco and Firearms has accused his employer of retaliating against him for publicizing information on an agency scandal.

Vince Cefalu said he was given notice of his termination last week in a move he argues is motivated by his decision to speak out against “Project Gunrunner,” a scandal that revealed the ATF’s role in permitting thousands of guns to be sent across the U.S.-Mexico border and end up in the possession of Mexican drug gangs.

Cefalu’s termination letter doesn’t mention the Gunrunner situation, according to Fox News. One of the main reasons for firing him stated in the letter was his decision to leak documents on CleanupATF.org, a website Cefalu helped establish.

The Project Gunrunner fiasco led to congressional hearings on the issue and a public statement by Obama that the operation was a mistake.

Two days before Cefalu was notified of his firing, House Oversight and Government Reform Committee Chairman Darrell Issa, R-Calif., sent the ATF a letter telling its officials to refrain from retaliating against whistleblowers.

Danielle Brian, executive director of the Project on Government Oversight, posted a short comment online stating that the only acceptable response to this action by the ATF, if it turns out to have actually been whistleblower retaliation, is for a race between a few legislators and Obama to be “the first to kick the ass of the idiot at ATF who tried this.”

Wired editorial: Open data initiatives not sufficient by themselves

A Wired editorial by Jesse Lichtenstein examines the push for open data programs throughout the world, noting that dumping tons of government information online doesn’t mean transparency has been achieved.

Putting more government information online – as at least 16 countries have been doing via open data initiatives – is a step forward for transparency, but it can backfire.

Lichtenstein mentions the Bhoomi Project, which aimed to digitize about 20 million land titles in the Indian state of Karnataka, as an example of how data dumps can cause problems rather than provide open government solutions.

Instead of helping small landholders, the project helped corporations and wealthy tycoons that used the newly revealed data to challenge titles and find potential bribery targets.

If people aren’t taught to access and sift through the data governments put online, then the so-called data divide will widen and open data initiatives will fail to provide countries’ whole citizenry with better transparency.

Read the entire Wired editorial.

– Morgan Watkins

Morgan Watkins is SPJ’s summer Pulliam/Kilgore Freedom of Information intern and a University of Florida student. Reach her by email (mwatkins@spj.org) or connect with her on Twitter (@morganwatkins26).

The government released a classified Pentagon report from 2004 that supports National Security Agency whistleblower Thomas Drake’s claims of waste and abuse within the department.

Drake pleaded guilty to a misdemeanor charge in June after various news outlets published stories questioning the Justice Department’s decision to level felony charges against him. He was indicted after he leaked information on the NSA’s problems to a Baltimore Sun reporter.

The report from the Defense Department Inspector General was prompted by complaints about NSA troubles from Drake and other employees, according to a Washington Post article.

It upholds Drake’s claim that the NSA was wasting money on a program called Trailblazer when another more effective program had already been developed.

As a result, Trailblazer sucked more than $1 billion out of the government budget and was abandoned in 2006 due to technical programs and its hefty cost.

The Project on Government Oversight obtained the classified report through a FOIA request and released it Wednesday (heavily redacted, of course).

Court repeals FOI metadata opinion

A New York federal district court repealed its February opinion that declared that metadata – any information for an electronic document that deals with the record’s management or history – must be included in public records.

The opinion was issued in the National Day Laborer Organizing Network v. Immigration and Customs Enforcement Agency case, which was settled June 17.

It was the first federal court opinion addressing the issue of how FOIA rules apply to metadata, according to a Reporters Committee for Freedom of the Press article.

– Morgan Watkins

Morgan Watkins is SPJ’s summer Pulliam/Kilgore Freedom of Information intern and a University of Florida student. Reach her by email (mwatkins@spj.org) or connect with her on Twitter (@morganwatkins26).

The folks here at SPJ are dedicated to providing high-quality tips and training for professional journalists on topics ranging from social media to narrative writing.

But one of the pillars of journalism most dear to our hearts is, without a doubt, the public’s right to freedom of information.

Public records provide journalists with some of their hardest-hitting stories, and this week SPJ added new training videos to its website to show members how to get the most use out of public records in their communities.

We posted five new FOI training videos to the site Monday that are accessible to all SPJ members. (If you’re not a member of SPJ, you won’t be able to access them. Unless, that is, you head over to the website and become a member – thereby gaining access to the FOI videos and loads of other useful training materials.)

The videos focus on various aspects of FOI, including how to request electronic records, overcome wrongful agency denials and get speedier responses to requests.

The videos feature tips from SPJ FOI Committee Chairman David Cuillier and include cameos from your SPJ HQ staff.

Once you’ve finished watching the FOI videos, you can hone your freelancing chops by checking out the new freelance-focused videos we just added as well.

All videos are part of SPJ’s ECAMPUS: Where Journalists Go to Know training program.

– Morgan Watkins

Morgan Watkins is SPJ’s summer Pulliam/Kilgore Freedom of Information intern and a University of Florida student. Reach her by email (mwatkins@spj.org) or connect with her on Twitter (@morganwatkins26).

Digital Accountability and Transparency Act of 2011 to go to House floor

After getting approval from the House Oversight and Government Reform Committee Wednesday, the DATA Act’s next step is to go to the House floor.

The bill would create a Federal Accountability and Spending Transparency Board with authority over federal spending. The board would assume control over USAspending.gov from the Office of Management and Budget.

House Oversight and Government Reform Committee Chair Darrell Issa (R-Calif.), who introduced the DATA Act, is also involved with President Obama’s June 13 executive order that established a Government Accountability and Transparency Board headed by Vice President Joe Biden.

The bill, if passed, has an expiration date. All provisions will expire in seven years unless Congress reauthorizes it.

The DATA Act would also repeal the Federal Funding Accountability and Transparency Act of 2006, which created USASpending.gov. It would overhaul the FFATA system, which depends on agencies to report spending information, and would instead get spending reports from federal fund recipients.

Check out this OMB Watch blog post that analyzes the potential effects of the bill.

Illinois launches government data clearinghouse website

The State of Illinois launched a website Tuesday that compiles searchable information from state departments and aims to give citizens a clearer picture of government operations.

The  State of Illinois Open Data website will also encourage people to use state government information. The creation of mobile device applications that could use the data is one potential method for taking the information the website is providing and putting it to good use.

The Illinois Innovation Council, which focuses on promoting innovative economic initiatives, is responsible for the website.

While the ultimate goal is for the website to eventually become a clearinghouse for information from all Illinois agencies, for now it includes data from only a few departments.

– Morgan Watkins

Morgan Watkins is SPJ’s summer Pulliam/Kilgore Freedom of Information intern and a University of Florida student. Reach her by email (mwatkins@spj.org) or connect with her on Twitter (@morganwatkins26).