Science Addiction

A dormant blog by Devanshu Mehta

Tag: FOIA

November 13, 2008

Change Watch: Privacy, Innovation and a side of Transparency

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Tim Jones at the EFF has just finished his three–part series outlining how the new leadership in Congress and the Executive branch can restore what has been lost over the past eight years.

There are two aspects to how privacy has deteriorated over the past eight years. On the one hand, claiming war time needs, the government has increased warrant-less surveillance of Americans by alarming proportions. Jones highlights the flawed FISA Amendments act which granted immunity from litigation to telcos, the States Secrets Privilege, which allows the executive branch to shield itself from judicial review. The abuse of National Security Letters to acquire data from Internet service providers has also been increased. On the other hand, corporations have much more control of user data than ever before and the balance is decidedly against the consumer. In Jones’ words, “the privacy of personal data should not depend on how long an ISP has stored that data or whether the data is stored locally or remotely. “

Innovation is an area that most directly affects consumers and technologists. Jones suggests– and I agree- that balance should be restored to the Digital Millenium Copyright Act (DMCA) and that serious patent reform is required. Both issues, as they currently stand, favor the incumbents over consumers and inhibit innovation.

On transparency, the government should resemble the Sunlight Foundation— if you haven’t already and take a look at how they are working on making data about the government available in formats that are easy to parse, process, analyze and visualize. Obama has promised much in this direction- and Change.gov is certainly a refreshing web site- but the post-January reality will be determined by his administrations response to Freedom of Information Act requests and opening up the data of all branches of government.

Until inauguration day on the 20th of January, I will be covering some of the aspects of the transition to the Obama administration that affect technology and open government in a series called Change Watch .

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November 7, 2008

Change Watch: ACLU’s Wish List

Like I said earlier, everybody’s got a wish list for the new President. Not everyone provides a timetable the way the ACLU has.

They divide up their “Actions for Restoring America” in to things to do on the first day, the first 100 days and the first year. The first day includes things like stopping torture, closing Guantanamo, and ending extraordinary renditions. The next 99 days are more interesting from a geek policy standpoint.constvoter_button2.gif

  • Warrantless Spying: Yeah, no kidding. ACLU wants an executive order recognizing the president’s obligation to comply with FISA and prohibiting the NSA from warrantless spying. Hurray!
  • Freedom of Information Act: Under something called the “Ashcroft Doctrine”, the current administration chose not to release info for all FOIA requests if there was a “sound legal basis”. Translation: if we say so. The ACLU wants that to go away.
  • Real ID: They want Homeland Security to suspend the regulations for the Real ID Act– again, hurray if it happens.
  • Scientific Freedom: To remove political control of scientific and academic inquiry.
  • Media Consolidation: To urge the FCC to address the growing problem of media consolidation. I’m not sure what the FCC can do (other than reverse its rule loosening cross-media ownership), but it’s a noble goal.
  • Network Neutrality: To mold the FCC to enforce these principles. This was part of Obama’s technology policy paper, but it remains to be seen how much he involves government in enforcing it.
  • Online Censorship of Soldiers: “Those who would fight and die to defend our freedoms abroad should not be denied those same rights themselves.” Well said.
  • Fleeting Expletives: At times over the past 5 years it has seemed that the only purpose of the FCC has been to make sure that anyone who says a naughty word on television gets fined in to oblivion.
  • World Intellectual Property Organization: The negotiations that the US has had with WIPO have been restrictive of free speech and fair use of data. Must change.

All valid points. What remains to be seen is how much of a priority these concerns remain in such harsh economic times. In some cases, making the right kind of appointments to FCC and other positions should take care of concerns.

Until inauguration day on the 20th of January, I will be covering some of the aspects of the transition to the Obama administration that affect technology and open government in a series called Change Watch.

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