Durst writes “From Federal Computer News, this article about the National Geospatial Intelligence Agency (formerly the National Imaging and Mapping Agency) and their move to restrict the public’s access to aeronautical and navigational data. The agency cited concerns with copyright back in November 2004.
My question is this: if this information was collected by Uncle Sam and distributed by Uncle Sam, there is no copyright, right?”
Wow
IANAL and IANAJ but my, my this is a sad note. I can see them restricting updates for a set period by treating it as For Official Use Only. It seems wrong somehow to claim a copywrite issue, unless they can make all the costs involved back by selling rights, but as long as tax dollars are used, I cannot see this being enforcable. After all what about a FOIA request?
Re:Wow
My understanding of FOIA is that if a determination is made that the request falls into one of 7 (or is it 9?) exceptions, then the agency can deny releasing the information. Obviously, the first exception would be a threat to national security.
Others, please feel free to educate me about the finer points of FOIA exceptions.
Re:Wow
Here’s a link from the Department of Justice incorporating the most recent changes to the FOIA. Most importantly, it lists the exceptions thusly:
(F) In denying a request for records, in whole or in part, an agency shall make a reasonable effort to estimate the volume of any requested matter the provision of which is denied, and shall provide any such estimate to the person making the request, unless providing such estimate would harm an interest protected by the exemption in subsection (b) pursuant to which the denial is made.
(b) This section does not apply to matters that are–
(1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order;
(2) related solely to the internal personnel rules and practices of an agency;
(3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;
(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;
(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;
(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual;
(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or
(9) geological and geophysical information and data, including maps, concerning wells.
Hrm…
Maybe I’m not getting this, but why wells?
Re:Hrm…
Possible terrorist attacks involving poisoning? (Just a guess…)
well…
actually, some of these images are produced by foreign governments – they’ve got data-sharing agreements, and some gov’ts are getting upset about companies making money off of this stuff. Instead of making a few changes to the material & keeping it accessible to the public, this proposal would make it so that only NGA employees and contractors would have access to it.