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Paul Merrell

The Past Clouds the Future of Europe's New Antitrust Enforcer - Vox - 0 views

  • Joaquin Almunia left his job as the E.U.’s economics and monetary affairs commissioner this month to become antitrust chief.
  • Christine Varney, the head of the antitrust division at the United States Justice Department, warned European regulators in a speech on Monday to restrict imposing obligations to the European Union on American companies that are doing business globally.Regulators in Europe are under pressure from governments, media companies and technology developers to blunt the market power that Google has amassed by running the world’s most popular Internet search tools.
  • Mr. Almunia also will need to resolve whether to give greater freedom to online merchants like eBay and Amazon which, like Google, are based in the United States. Some specialty goods and luxury goods brands, in particular LVMH of France, have lobbied hard to require that merchants have traditional shops as a precondition for selling goods over the Internet.
Paul Merrell

Cover Pages: Content Management Interoperability Services (CMIS) - 0 views

  • On October 06, 2008, OASIS issued a public call for participation in a new technical committee chartered to define specifications for use of Web services and Web 2.0 interfaces to enable information sharing across content management repositories from different vendors. The OASIS Content Management Interoperability Services (CMIS) TC will build upon existing specifications to "define a domain model and bindings that are designed to be layered on top of existing Content Management systems and their existing programmatic interfaces. The TC will not prescribe how specific features should be implemented within those Enterprise Content Management (ECM) systems. Rather it will seek to define a generic/universal set of capabilities provided by an ECM system and a set of services for working with those capabilities." As of February 17, 2010, the CMIS technical work had received broad support through TC participation, industry analyst opinion, and declarations of interest from major companies. Some of these include Adobe, Adullact, AIIM, Alfresco, Amdocs, Anakeen, ASG Software Solutions, Booz Allen Hamilton, Capgemini, Citytech, Content Technologies, Day Software, dotCMS, Ektron, EMC, EntropySoft, ESoCE-NET, Exalead, FatWire, Fidelity, Flatirons, fme AG, Genus Technologies, Greenbytes GmbH, Harris, IBM, ISIS Papyrus, KnowledgeTree, Lexmark, Liferay, Magnolia, Mekon, Microsoft, Middle East Technical University, Nuxeo, Open Text, Oracle, Pearson, Quark, RSD, SAP, Saperion, Structured Software Systems (3SL), Sun Microsystems, Tanner AG, TIBCO Software, Vamosa, Vignette, and WeWebU Software. Early commentary from industry analysts and software engineers is positive about the value proposition in standardizing an enterprise content-centric management specification. The OASIS announcement of November 17, 2008 includes endorsements. Principal use cases motivating the CMIS technical work include collaborative content applications, portals leveraging content management repositories, mashups, and searching a content repository.
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    I should have posted before about CMIS, an emerging standard with a very lot of buy-in by vendors large and small. I've been watching the buzz grow via Robin Cover's Daily XML links service. IIt's now on my "need to watch" list. 
Ace Dee

SEO Services that Exceeds Expectations - 1 views

Oracle Digital impressed me greatly with their content, knowledge and passion for the industry. After following Oracle Digital for three months and liking what I saw, I approached them for an initi...

SEO Perth Brisbane

started by Ace Dee on 21 Feb 11 no follow-up yet
Gary Edwards

The Information by James Gleick: Review by Nicholas Carr - The Daily Beast - 0 views

  • Human beings, Shannon saw, communicate through codes
  • Information is a logical arrangement of symbols, and those symbols, regardless of their meaning, can be translated into the symbols of mathematics.
  • “bit”—indicating a single binary choice: yes or no, on or off, one or zero—as the fundamental unit of information
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  • Claude Shannon
  • When, in the early 1950s, James Watson and Francis Crick discovered that genetic information was transmitted through a four-digit code—the nucleotide bases designated A, C, G, and T—biologists and geneticists began to draw on Shannon’s theory to decipher the secrets of life.
  • the most fundamental particles may be carriers and transmitters of messages.
  • The entire universe may be nothing more than “a cosmic information-processing machine.”
  • The mathematical analysis of information, Gleick points out, entails the “ruthless sacrifice” of meaning, the very thing that “gives information its value and its purpose.”
  • in separating meaning from message, Shannon risked reducing communication to a series of “beep beeps.”
  • Information, he argued, can only be understood as a product of the human search for meaning—it resides not “in the beeps” but in the mind
  • The physicist Heinz von Foerste
  •  
    James Gleick. In his formidable new book, The Information, Gleick explains how we've progressed from seeing information as the expression of human thought and emotion to looking at it as a commodity that can be processed, like wheat or plutonium. It's a long, complicated, and important story, beginning with tribal drummers and ending with quantum physics, and in Gleick's hands it's also a mesmerizing one. Wisely, he avoids getting bogged down in the arcane formulas and equations of information theory-though (fair warning) there are quite a few of those-but rather situates his tale in the remarkable lives and discoveries of a series of brilliant mathematicians, logicians, and engineers
Paul Merrell

Hewlett-Packard Traded WebOS for This: The Autonomy Gamble - 0 views

  • Content management systems today continue to be based on the types of structured database systems about one or two steps more evolved than dBASE. We've known they would be insufficient for the task, but we've put off the problem of composing a new architecture. It's already too late for major IT companies to start that new architecture from square one; if a company has any hope of addressing this colossal, underappreciated problem, it will need to acquire the architectural project in progress. This is what Hewlett-Packard announced yesterday that it intends to do: acquire a software firm whose core product aims to supplant everything we know about databases, both the SQL kind and the Google kind. In its place would come a clustered approach whose goal is no less than to be the central repository for meaning in the world.
  • As CEO Apotheker told analysts yesterday, HP intends to exploit the prospects for using Autonomy's technology as a foundation for a content management system. For now, that CMS would be a project for what, on the surface, seems an unlikely department: the Imaging and Printing Group (IPG). Autonomy describes this technology - which it calls Intelligent Data Operating Layer (IDOL) - as nothing less than a replacement for, a complete substitute for, a revolutionary disruption of, Google.
  • Elsewhere in Autonomy's literature is a monkey wrench it hurls directly at Google, with hopes of messing up its gears. Here, the company attacks the value of Google's page ranking technology in the enterprise: "in many cases, the most popular information is also the most relevant. The importance or popularity of a Web page is approximated by counting the number of other pages that are linked to it, and by how frequently those pages are viewed by other users. This works quite well on the Internet but in the enterprise it is doomed to failure. Firstly, there are no native links between information in the enterprise. Secondly, if a user happens to be an expert, perhaps in the field of gallium arsenide laser diodes, there may be no one else interested in the subject, but it is still imperative that they find relevant information." This is what HP is buying: an opportunity to disrupt Google. If IDOL is every bit the next stage of database evolution that Autonomy makes it out to be, then HP (at least in its executives' own minds) is not surrendering to Google at all, as some consumer publications this morning are suggesting. As HP perceives it, rather than cutting off Google's left arm, it's targeting the gut.
Gary Edwards

Google plan to kill Javascript with Dart, fight off Apple * The Register - 0 views

  • Details on Dart on the Goto conference site were brief and Google has not officially said anything. Goto called Dart: "A new programming language for structured web programming." According to the email, though, Dash has been designed to hit three objectives: improved performance, developer usability and what Google is calling the "ability to be tooled".
  • Translated that last bit means an ability to be used with tools for coding activities such as refactoring used in large-scale programming projects.
  • Driving Dash/Dart is Google's fear of Apple and the rise of the closed web and what that could mean to Google as a programming platform for accessing the web. Google is apparently concerned innovation is moving off the web as we and Tim Berners-Lee know it, and on to the popular but fenced-off iPhone and iPad. That poses a huge problem for Google when you've built a search and ads empire on a web without fences.
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  • The web has succeeded historically to some extent in spite of the web platform, based primarily on the strength of its reach. The emergence of compelling alternative platforms like iOS has meant that the web platform must compete on its merits, not just its reach. Javascript as it exists today will likely not be a viable solution long-term. Something must change.
  • The language has been designed to be consumed in the browser VM, on the front-end server and different compilers
  • Google has folded the team behind its JSPrime successor to GWT into the effort building the new language, while Joy will be built in to provide templating and model-view controller (MVC) features for code development.
Paul Merrell

Google to slip SVG into Internet Explorer * The Register - 0 views

  • Microsoft might be hesitating on Scalable Vector Graphics (SVG) in Internet Explorer 8, but Google's pressing on. The search giant's engineers are building a JavaScript library to render static and dynamic SVG in Microsoft's browser. Google promised that the library, a Javascript shim, will simply drop into IE.
  • SVG has a huge presence on the web. This facet of the World Wide Web Consortium's HTML 5 spec is supported in Firefox, Safari, Opera, Chrome, and Apple's iPhone, and is used in Google Maps and Google Docs. It also topped a list of features wanted by developers in a OpenAJAX browser wish list last year.
  • There's suspicion, though, that the reason has more to do with Microsoft's internal politics, with the company wanting graphics and drawing in IE done using Silverlight instead. SVG Web is more than an answer to Microsoft's foot-dragging, however. Google has declared for HTML 5 on the web, proclaiming last week that the web programming model has "won". Support for graphics capabilities in HTML 5 should also be seen as Google's partial answer to Adobe Systems' Flash. Google has complained that Flash is not open source and its development is not driven by the community. Google said the benefit of SVG Web is that it would sit inside the DOM whereas Flash "sits on top of the web, it's not part of the web"
Paul Merrell

US Justice Dept probing company recruiting-source | Industries | Technology, Media & Te... - 0 views

  • WASHINGTON, June 3 (Reuters) - The U.S. Justice Department is investigating a possible no talent-poaching pact by big tech businesses, a tech industry source with direct knowledge of the matter told Reuters on Wednesday.
  • Genentech said it was cooperating with the probe.
  • A Google spokesman confirmed that the search engine giant had been contacted and was cooperating but had no further comment.
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  • "My sense of it is that there are as many as a dozen companies that have been sent CIDs (civil investigative demands)," the source said, referring to requests for information sent out as part of a formal probe. "There's an open question of who are the other companies."
  • The Justice Department is also looking at Google's deal to digitize millions of books, and the U.S. Federal Trade Commission, which also has antitrust responsibilities, has a probe into Google and Apple Inc's overlapping board members.
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    More details on the new DoJ investigation, including confirmations from Google and Genentech.
Paul Merrell

Antitrust Probe Targets Tech Giants, Sources Say - washingtonpost.com - 0 views

  • The Justice Department has launched an investigation into whether some of the nation's largest technology companies violated antitrust laws by negotiating the recruiting and hiring of one another's employees, according to two sources with knowledge of the review. The review, which is said to be in its preliminary stages, is focused on the search engine giant Google; its competitor Yahoo; Apple, maker of the popular iPhone; and the biotech firm Genentech, among others, according to the sources, who spoke on condition of anonymity because the investigation is ongoing.
Paul Merrell

The Top 6 Game-Changing Features of Google Wave - 0 views

  • Without a doubt, the product that has the entire web buzzing right now is Google Wave (), the search giant’s newly announced communication platform. Earlier this week, we brought you detailed information on the new Google () product in our article Google Wave: A Complete Guide, but now we want to explore exactly why everyone is so excited about Google Wave. You’ve probably heard people talk about Google Wave being a game-changer, a disruptive product, or maybe even as an email killer. But while keywords and phrases like these grab people’s attention, they don’t explain why or how Google Wave could be a paradigm-shifter. In this article, we explore these questions by highlighting some of Google Wave’s most unique and promising features. By exploring these features, we can better understand the potential of this new technology.
Paul Merrell

HTML5's Flash and Silverlight 'killer' potential chopped * The Register - 0 views

  • Much has been made of how HTML5 will "kill" proprietary media tools and players from Adobe Systems and Microsoft. The idea has been partly predicated on the fact those working on HTML5 would enshrine a baseline spec for audio and video codecs everybody could agree on, buy into, and support.
  • But the hope of a universal media experience is now dead, at least for now. Apple, Mozilla, Opera, Microsoft, and - yes - Google could not agree on a common set of audio or video codecs for use in the proposed HTML5 spec. That means major browsers and media player will continue to implement the codecs and APIs ordained by their owners as they’ve always done, leaving developers and customers to pick a side or go to the additional cost and effort of supporting different players.
cecilia marie

Choosing the Right Software Support Provider is Everything - 1 views

I was having problems with my computer that I did not know what to do. So I searched the internet for a reliable computer software support service provider and I came across Tech Software Support....

software support

started by cecilia marie on 04 Nov 11 no follow-up yet
Paul Merrell

Safer email - Transparency Report - Google - 0 views

  • Email encryption in transit Many email providers don’t encrypt messages while they’re in transit. When you send or receive emails with one of these providers, these messages are as open to snoopers as a postcard in the mail. A growing number of email providers are working to change that, by encrypting messages sent to and from our services using Transport Layer Security (TLS). When an email is encrypted in transit with TLS, it makes it harder for others to read what you’re sending. The data below explains the current state of email encryption in transit.
  • Generally speaking, use of encryption in transit increases over time, as more providers enable and maintain their support. Factors such as varying volumes of email may explain other fluctuations.
  • Below is the percentage of email encrypted for the top domains in terms of volume of email to and from Gmail, in alphabetical order.
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  • Explore the data Search any domain (e.g. “example.com”) or string (e.g. “de”) to see how much of the email exchanged with Gmail is encrypted in transit. Or download the full dataset.
Paul Merrell

Spain moves to protect domestic media with new 'Google tax' | Technology | The Guardian - 0 views

  • Newspapers in Spain will now be able to demand a monthly fee from the search engine before it can list them on Google News
  • A similar law passed in Germany saw Google removing the affected newspapers from Google news altogether – before the publishers eventually came back and asked to be relisted after seeing their traffic plummet, a step they said they had to take because of the “overwhelming market power of Google”.
Paul Merrell

Detekt Is Free Software That Spots Computer Spyware - Businessweek - 0 views

  • For more than two years, researchers and rights activists have tracked the proliferation and abuse of computer spyware that can watch people in their homes and intercept their e-mails. Now they’ve built a tool that can help the targets protect themselves.The free, downloadable software, called Detekt, searches computers for the presence of malicious programs that have been built to evade detection. The spyware ranges from government-grade products used by intelligence and police agencies to hacker staples known as RATs—remote administration tools. Detekt, which was developed by security researcher Claudio Guarnieri, is being released in a partnership with advocacy groups Amnesty International, Digitale Gesellschaft, the Electronic Frontier Foundation, and Privacy International.Guarnieri says his tool finds hidden spy programs by seeking unique patterns on computers that indicate a specific malware is running. He warns users not to expect his program (which is available only for Windows machines) to find all spyware, and notes that the release of Detekt could spur malware developers to further cloak their code.
Paul Merrell

Between the Lines of the Cellphone Privacy Ruling - NYTimes.com - 0 views

  • In a pathbreaking case on Fourth Amendment privacy rights and modern technology, the Supreme Court unanimously ruled that the police must obtain warrants before searching the digital contents of cellphones taken from people who are placed under arrest. Here are some key points in the opinion by Chief Justice John G. Roberts Jr. and a concurrence by Justice Samuel Alito.
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Inter... - 0 views

  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
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  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

Privacy Day | ACLU of Oregon - 0 views

  • Help strengthen Oregon's privacy protections and limit the use of dragnet surveillance. We are advocating for:•    SB 339 - Strict guidelines for the use of automatic license plate readers (ALPR) •    SB 640 - A warrant requirement to access email, phone, and location records •    SB 641 - A warrant requirement to search cell phones Advances in technology have made it too easy for law enforcement to track where you go, what you do, and who you are with. Most of the data the government collects is about innocent people who are not suspected of any crimes. Yet the government collects that personal information - or accesses it directly from your internet or cell phone provider – and can keep it for years on end.  Technology has changed but your rights haven't.
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    Privacy measures that the ACLU is pushing at the state level in Oregon. Links are to short summaries of legislation.
Paul Merrell

Canadian risks prison for not giving up phone's passcode - Yahoo News - 0 views

  • Montreal (AFP) - A Canadian charged for refusing to give border agents his smartphone passcode was expected Thursday to become the first to test whether border inspections can include information stored on devices.Alain Philippon, 38, risks up to a year in prison and a fine of up to Can$25,000 (US$20,000) if convicted of obstruction.He told local media that he refused to provide the passcode because he considered information on his smartphone to be "personal."Philippon was transiting through the port city of Halifax on his way home from a Caribbean vacation on Monday when he was selected for an in-depth exam.
  • "Philippon refused to divulge the passcode for his cell phone, preventing border services officers from their duties," Canada Border Services Agency said in an email.The agency insists that the Customs Act authorizes its officers to examine "all goods and conveyances including electronic devices, such as cell phones and laptops."But, according to legal experts, the issue of whether a traveler must reveal the password for an electronic device at a border crossing has not been tested in court. "(It's) one thing for them to inspect it, another thing for them to compel you to help them," Rob Currie, director of the Law and Technology Institute at Dalhousie University, told public broadcaster CBC.Philippon is scheduled to appear in court on May 12.
Paul Merrell

Most Agencies Falling Short on Mandate for Online Records - 0 views

  • Nearly 20 years after Congress passed the Electronic Freedom of Information Act Amendments (E-FOIA), only 40 percent of agencies have followed the law's instruction for systematic posting of records released through FOIA in their electronic reading rooms, according to a new FOIA Audit released today by the National Security Archive at www.nsarchive.org to mark Sunshine Week. The Archive team audited all federal agencies with Chief FOIA Officers as well as agency components that handle more than 500 FOIA requests a year — 165 federal offices in all — and found only 67 with online libraries populated with significant numbers of released FOIA documents and regularly updated.
  • Congress called on agencies to embrace disclosure and the digital era nearly two decades ago, with the passage of the 1996 "E-FOIA" amendments. The law mandated that agencies post key sets of records online, provide citizens with detailed guidance on making FOIA requests, and use new information technology to post online proactively records of significant public interest, including those already processed in response to FOIA requests and "likely to become the subject of subsequent requests." Congress believed then, and openness advocates know now, that this kind of proactive disclosure, publishing online the results of FOIA requests as well as agency records that might be requested in the future, is the only tenable solution to FOIA backlogs and delays. Thus the National Security Archive chose to focus on the e-reading rooms of agencies in its latest audit. Even though the majority of federal agencies have not yet embraced proactive disclosure of their FOIA releases, the Archive E-FOIA Audit did find that some real "E-Stars" exist within the federal government, serving as examples to lagging agencies that technology can be harnessed to create state-of-the art FOIA platforms. Unfortunately, our audit also found "E-Delinquents" whose abysmal web performance recalls the teletype era.
  • E-Delinquents include the Office of Science and Technology Policy at the White House, which, despite being mandated to advise the President on technology policy, does not embrace 21st century practices by posting any frequently requested records online. Another E-Delinquent, the Drug Enforcement Administration, insults its website's viewers by claiming that it "does not maintain records appropriate for FOIA Library at this time."
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  • "The presumption of openness requires the presumption of posting," said Archive director Tom Blanton. "For the new generation, if it's not online, it does not exist." The National Security Archive has conducted fourteen FOIA Audits since 2002. Modeled after the California Sunshine Survey and subsequent state "FOI Audits," the Archive's FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Recommendations from previous Archive FOIA Audits have led directly to laws and executive orders which have: set explicit customer service guidelines, mandated FOIA backlog reduction, assigned individualized FOIA tracking numbers, forced agencies to report the average number of days needed to process requests, and revealed the (often embarrassing) ages of the oldest pending FOIA requests. The surveys include:
  • The federal government has made some progress moving into the digital era. The National Security Archive's last E-FOIA Audit in 2007, " File Not Found," reported that only one in five federal agencies had put online all of the specific requirements mentioned in the E-FOIA amendments, such as guidance on making requests, contact information, and processing regulations. The new E-FOIA Audit finds the number of agencies that have checked those boxes is now much higher — 100 out of 165 — though many (66 in 165) have posted just the bare minimum, especially when posting FOIA responses. An additional 33 agencies even now do not post these types of records at all, clearly thwarting the law's intent.
  • The FOIAonline Members (Department of Commerce, Environmental Protection Agency, Federal Labor Relations Authority, Merit Systems Protection Board, National Archives and Records Administration, Pension Benefit Guaranty Corporation, Department of the Navy, General Services Administration, Small Business Administration, U.S. Citizenship and Immigration Services, and Federal Communications Commission) won their "E-Star" by making past requests and releases searchable via FOIAonline. FOIAonline also allows users to submit their FOIA requests digitally.
  • Disabilities Compliance. Despite the E-FOIA Act, many government agencies do not embrace the idea of posting their FOIA responses online. The most common reason agencies give is that it is difficult to post documents in a format that complies with the Americans with Disabilities Act, also referred to as being "508 compliant," and the 1998 Amendments to the Rehabilitation Act that require federal agencies "to make their electronic and information technology (EIT) accessible to people with disabilities." E-Star agencies, however, have proven that 508 compliance is no barrier when the agency has a will to post. All documents posted on FOIAonline are 508 compliant, as are the documents posted by the Department of Defense and the Department of State. In fact, every document created electronically by the US government after 1998 should already be 508 compliant. Even old paper records that are scanned to be processed through FOIA can be made 508 compliant with just a few clicks in Adobe Acrobat, according to this Department of Homeland Security guide (essentially OCRing the text, and including information about where non-textual fields appear). Even if agencies are insistent it is too difficult to OCR older documents that were scanned from paper, they cannot use that excuse with digital records.
  • Key Findings
  • Excuses Agencies Give for Poor E-Performance
  • Justice Department guidance undermines the statute. Currently, the FOIA stipulates that documents "likely to become the subject of subsequent requests" must be posted by agencies somewhere in their electronic reading rooms. The Department of Justice's Office of Information Policy defines these records as "frequently requested records… or those which have been released three or more times to FOIA requesters." Of course, it is time-consuming for agencies to develop a system that keeps track of how often a record has been released, which is in part why agencies rarely do so and are often in breach of the law. Troublingly, both the current House and Senate FOIA bills include language that codifies the instructions from the Department of Justice. The National Security Archive believes the addition of this "three or more times" language actually harms the intent of the Freedom of Information Act as it will give agencies an easy excuse ("not requested three times yet!") not to proactively post documents that agency FOIA offices have already spent time, money, and energy processing. We have formally suggested alternate language requiring that agencies generally post "all records, regardless of form or format that have been released in response to a FOIA request."
  • THE E-DELINQUENTS: WORST OVERALL AGENCIES In alphabetical order
  • Privacy. Another commonly articulated concern about posting FOIA releases online is that doing so could inadvertently disclose private information from "first person" FOIA requests. This is a valid concern, and this subset of FOIA requests should not be posted online. (The Justice Department identified "first party" requester rights in 1989. Essentially agencies cannot use the b(6) privacy exemption to redact information if a person requests it for him or herself. An example of a "first person" FOIA would be a person's request for his own immigration file.) Cost and Waste of Resources. There is also a belief that there is little public interest in the majority of FOIA requests processed, and hence it is a waste of resources to post them. This thinking runs counter to the governing principle of the Freedom of Information Act: that government information belongs to US citizens, not US agencies. As such, the reason that a person requests information is immaterial as the agency processes the request; the "interest factor" of a document should also be immaterial when an agency is required to post it online. Some think that posting FOIA releases online is not cost effective. In fact, the opposite is true. It's not cost effective to spend tens (or hundreds) of person hours to search for, review, and redact FOIA requests only to mail it to the requester and have them slip it into their desk drawer and forget about it. That is a waste of resources. The released document should be posted online for any interested party to utilize. This will only become easier as FOIA processing systems evolve to automatically post the documents they track. The State Department earned its "E-Star" status demonstrating this very principle, and spent no new funds and did not hire contractors to build its Electronic Reading Room, instead it built a self-sustaining platform that will save the agency time and money going forward.
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