Monday, November 2, 2009

General safety issues while on a scuba diving trip to Sharm el-Sheikh

Nearly 90 persons died and hundreds were injured after Al-Qaeda associated terrorists bombed Sharm el-Sheikh, a popular Red Sea scuba diving destination in Egypt 24 July 2005. What do they say about that diving destination currently? No more attacks or anything like that?

Tuesday, September 1, 2009

Walton County public records requests can be costly

Since new public records laws have been enacted in different states, along with the apparent benefits for public as far as open government concerns there also came concerns about the abuses happening now and then with some people filing unreasonable number of requests for public records, which have no legal grounds to be rejected. While there's no talking about reversing the new laws towards restricting access to the information again, new mechanisms need to be invented to fight unnecessary and often senseless requests, since fulfilling such requests involves work by employees that has to be paid for, of course. Some steps that would indirectly force citizens think before asking for the information have been adopted in Florida. Starting this month, any person filing a public records request for FL Walton County public records will have further on to pay more money for the information, when the search for such information can be characterized as requiring "extensive" research and work. The Walton County commissioners have just approved a resolution requiring a charge for the initial 30 minutes of search made in order to complete a request. It is hoped that this will reduce the number of requests whose sole purpose must be distracting public employees from performing their duties in a normal way.

Tuesday, July 21, 2009

Anti-Immigrant Amendments By the US Senate

The US Senate approved 4 harmful amendments to the Homeland Security spending bill. One amendment would require that DHS build a physical barrier along 700 miles of the US-Mexico border, rather than using sensors and other "virtual fence" technology. Two other amendments would extend the highly questionable and believed to be flawed E-Verify program program that DHS encourages employers to use to to run background check to verify the immigration status of workers. The final amendment is intended to make DHS keep the Bush Administration's Social Security no-match regulations, which the Obama Administration announced it will work to abolish.

The spending bill, with all of these amendments, is not yet law. It's probable the final version of the bill won't include these amendments. The Illinois Coalition for Immigrant and Refugee Rights 14 July 2009 released announcement expressing deep concern over the Senate leadership allowing the said amendments go ahead and pass, especially concidering overwhelming public support for and expectations of comprehensive workable reforms that are so much needed by the nation.

Saturday, June 6, 2009

E-mail addresses are public records in Florida

According to provisions of Florida laws e-mail addresses fall under category of public records. Which means that if you send an e-mail via public website like city council, governor, clerk of court's or court's website etc., or generally to any public institution subject to the public records law, your e-mail address may be exposed without any restriction to any visitor online. The only way to avoid such exposure is to avoid e-mail communication, but instead to contact such website owners/operators by phone, by submitting a hand written request or by speaking in person. Not all public websites in Florida contain the notification or warning of the sort, unless they are obligated by their governing authority or agency.

Columbia county, Florida, public records request policy (excerpt):
E-mail which is a public record but contains exempt information should be produced but the exempt information must first be redacted. If in doubt as to whether an e-mail message is a public record or contains exempt information, the Department Head should contact the Privacy Officer, who will consult with the County Attorney as necessary.

What is a Public Record as defined by Public Records Act in accordance with Florida Statute Chapter 119?

Section 119.011(11). F.S., defines public records to include:
All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

The Florida Supreme Court has interpreted a true determining factor for a public record as those records that perpetuate, communicate, or formalize knowledge. Another Florida court has ruled out that "information stored in a computer is as much a public record as a written page in a book or a tabulation in a file stored in a filing cabinet."

Thursday, May 28, 2009

Human rights organization vs Bureau of Prisons

On March 26, 2009, Prison Legal News (PLN), a non-profit monthly publication that reports on criminal justice-related issues, obtained a favorable ruling from the U.S. District Court in Washington, D.C. in a lawsuit filed against the federal Bureau of Prisons (BOP) under the Freedom of Information Act.

The suit was originally filed in September 2005 after PLN submitted a FOIA request to the BOP for documents related to taxpayer funds the agency had paid as a result of verdicts and settlements in lawsuits. The BOP tried to impose a $7,000 fee for the requested records, despite PLN’s non-profit status and intent to report the results from its FOIA request to the general
public.

On June 26, 2006, the U.S. District Court ordered the BOP to produce the requested documents, but even if the BOP officials turned over a number of records, they were incomplete and deficient, while some documents were again refused to be provided under the pretext they were subject to various FOIA exemptions.

In March 26, 2009 ruling the court said the BOP had failed to prove that the withheld documents were properly subject to FOIA exemptions. Accordingly, the BOP was ordered to either “conduct a new search of its files for the records,” or provide proof that the agency’s initial search was sufficient.

Case No. 1:05-01812-RBW, Prison Legal News v. Lappin, U.S. District Court (D. D.C.).

Prison Legal News (PLN) is Seattle (Washington) based non-profit organization striving to protect human rights in US detention facilities. PLN operates a website (www.prisonlegalnews.org) that includes a comprehensive database of prison and jail-related articles, news items, court rulings, verdicts, settlements and related documents.