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Friday, March 29, 2013

postheadericon Government Can Keep Key Emails With Hollywood Lobbyists About 'Six Strikes' Secret

not stop hearing people in the entertainment industry and its supporters in Washington DC to talk about how wonderful it is that the "six-shooter", "System Alert Copyright "(CAS) was an agreement" voluntary "between industry players, one of the worst best kept secrets in the world is that the White House was heavily involved. Basically, Hollywood helped and less strongly left suggested that if any "voluntary" agreement by the legislation must be started (creating a new definition of "voluntary"). Specifically, it was learned that Victoria Espinel, coordinator of the IP in the White House (IPEC ), sent e-mails to people about the program.



These news are out because Chris Soghoian filed a Freedom of Information Act (FOIA) request information all communications between Espinel and her staff and stakeholders in six strikes in both the entertainment industry and other service provider (no need to try to contact the real stakeholders, the public, and they were not even invited to the table.) However, Soghoian noted that the Office of Management and Budget (OMB), which works Espinel, remained the main documents to be disclosed, and appealed. Afterwards, the OMB has published some documents, but many are still kept secret. Soghoain then to the court on the issue - in particular arguing that the exceptions relied on for "trade secrets, commercial or financial interesets" and "intra-agency memoranda and privileged letters "were insufficient. Unfortunately, the court dismissed the complaint, siding with the OMB.


The problem
some details of the proposed" memorandum of understanding "that created the CAS strikes six. Apparently the entertainment industry lobbyists shared these projects with Espinel, but not release the OMB, saying they are confidential business information. CAMO also argued that the documents were provided voluntarily and projects that "were not forced or coerced." In response, Soghoian argued that the documents were clearly intended to OMB for the pleasure of having Espinel "press ISP to take additional measures to fight against counterfeiting (measures that are not legally required to take). "The court rejected this argument, stating that the information was provided on a confidential and voluntary, and is a business information. then ... remain secret.



The court also rejected an attempt to see the internal debate within the government about plans to hit six (as well as discussions on foreign laws as plan six strikes Hadopi in France). Espinel Office says they are protected because they are part of the "deliberative process privilege" that allows them to hold internal discussions on political deliberation (so that government employees can openly discuss things before arriving at a political official). Yet here Soghoian argued that IPEC Espinel and have almost no role in policy setting under the law, and therefore the exemption n ' little sense. Again, the court did not agree. Here, argued that since the government can make strategic decisions based on whether or not six strikes formed (or how it works) that communications were duly classified as confidential and not open to FOIA requests.
The court goes into a bit more detail on specific documents retained, but the conclusion is the same: OMB may keep these documents secret because they involve internal discussions of deliberation. This is not too surprising, but it also means that you do not know the degree of government involvement in this "voluntary"
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