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February 19th, 2010

Federal court disparity between the treatment of government agents and defense private investigators

EvidenceProf Blog writes about two recent cases — one from the 6th Circuit, the other from the 10th — that highlight the courts’ different treatment of private investigators and government agents. The government can keep a private investigator out of the courtroom when she’s not testifying, under Federal Rule of Evidence 615, because she’s not the “employee of a party which is not a natural person [the government] designated as its representative by its attorney”.
Read more

November 19th, 2009

State and Federal Case Law Now On Google

Google Scholar is indexing the case law in all 50 states - Court of Appeals and Supreme Court - and the federal courts.

As with the other Google search engines, Google Scholar makes use of its own advanced search operators. Search by keywords, personal names, inclusive dates, and specify one or more states in a single search. Options on a single search are limited to 1) Search all legal opinions and journals; 2) Search only US federal court opinions or, 3) Search only court opinions from self-selected states.

Wondering which courts are included and the inclusive dates? Ask Google Scholar Help:

Which court opinions do you include?

Currently, Google Scholar allows you to search and read opinions for US state appellate and supreme court cases since 1950, US federal district, appellate, tax and bankruptcy courts since 1923 and US Supreme Court cases since 1791 (please check back periodically for updates to coverage information). In addition, it includes citations for cases cited by indexed opinions or journal articles which allows you to find influential cases (usually older or international) which are not yet online or publicly available. Legal opinions in Google Scholar are provided for informational purposes only and should not be relied on as a substitute for legal advice from a licensed lawyer. Google does not warrant that the information is complete or accurate.

View a list of search results with citations and a 2-line summary of text where some or all of the keywords appear. From here you can select to read an entire case or view case summaries that have cited the selected case.

My search query [(garbage OR trash) (curb OR curbside) +privacy], limited to California courts, 1970-2009 returned 33 cases.

February 12th, 2009

Government Spending Transparency Databases

The governor of Alabama signed an executive order that creates an online database of all state government spending and legislators’ relationships with lobbyists. This will go online later this year, but many other states have already made available government spending, salary and revenue databases, often in a site dedicated to issues of transparency in government.

Review the Nevada state budget by general revenue, expenditures, departments or function at Nevada Open Government. Also, lookup vendors with state contracts.

Open Georgia includes a searchable database of state employees and their salaries.

South Carolina gathers together links to their various online databases including, state expenditures and salaries.

Similar sites have been assembled by Kentucky, Rhode Island (also see, Transparency Train) and South Dakota.

Transparency rankings and states with spending online are listed at Sunshine Review.

Track transparency in government spending issues reported by independent organizations in Colorado and Illinois.

Legislation, citizen activism and current news on state government transparency can be found at the Center for Fiscal Accountability.

November 22nd, 2008

Find Government Employees and Salaries

In the past few years, general circulation newspapers have furthered the cause of government transparency by providing searchable databases of government employees and their salaries. Although these are federal, state, county and municipal government public records the corresponding government agencies have not made these available at their Web sites. Government agency Web sites sometimes post a staff list or employee directory — not salaries — with name, telephone number and email. Often, school districts don’t list staff beyond those in the top level administration, but school sites that have their own Web pages may have a staff and faculty directory with names of administrators and teachers. An example of a very flexible school staff and teacher directory is hosted by the Ventura County Office of Education. Search by district, school or employee last name to find the district, school site, job title and phone number (Internet Explorer, only). I’ve endeavored to compile links to all of the government pay databases hosted at newspaper sites on a page called Government Pay.

The disadvantage of the separate databases is you have to know which one to search in order to verify your subject’s employment. The beta site, myDanwei, is a nascent attempt at a cross-agency compilation of government employee names, salaries, job titles and departments. Select the link,
National public employee salary database
, to search by partial name, county, state, agency or institution. There’s only one search box, but you can enter a combination of keywords. The words (without quotation marks) “physician santa clara” will return a list of doctors who work for the County of Santa Clara, California. The extent of the coverage becomes apparent with various queries. The keywords “Weir Idaho” doesn’t return any records, but “Weir Washington” results in a handful of names from Washington State agencies. Just enter a state name into the search box to find out if any data is included from that location and from which government departments.

MyDanwei doesn’t identify its sources and this description of the utility isn’t very enlightening.

MyDanwei, Inc. is a pioneer of developing the next generation organization, people, salary, and job information searching and data mining platforms. We are inspired to provide our users with easy and accurate information about a person or an organization, such as salary, education background, past employments, key employees, job positions, etc. Besides one of the most comprehensive databases with millions of records of organization, people, salary, and jobs, our website also features state-of-the-art user interface, where everyone can freely add, edit, discuss, tag, and rate all records about people and organizations around the globe.

The search box on the myDanwei home page can be used to access minimal information on some private and public companies. Again, the source and completeness of the data is not identified. These are leads, not confirmations!

How does this site compare with the newspaper government employee databases?

August 24th, 2008

This week in public records: Arizona Disciplinary Records

All disciplinary records of Arizona government employees become public records September 28, 2008. Arizona Revised Statutes adds section 39-128, Disciplinary records of public officers and employees; disclosure; exceptions.

Release of home address, telephone number and photograph of people in certain job categories (law enforcement) is restricted.

The Arizona Ombudsman produces a monthly educational newsletter, The Public Law. A recent issue offers agencies guidance that speaks to the complaints of private investigators, reporters, and all those who request public records. Read, Public Records Law 101: Avoid the top ten most common pitfalls.

Alaska, Hawaii, Nebraska and Iowa are among the few states that have a statewide ombudsman office.

Does your state have an open records law related to government employee discipline records?

May 29th, 2008

California AG Interprets Public Records Act to Allow Real Property Addresses On the Internet

A little noticed but potentially significant (for public records researchers) California Attorney General opinion was released a week ago. The opinion upends the almost universal interpretation of the Public Records Act by county Assessors pertaining to disseminating property addresses on the Internet.

If you go to any California county Assessor online public inquiry you’ll see an explanation similar to this on the Stanislaus County site:

California Government Code 6254.21 states that “No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of the individual.”

Therefore the agencies don’t reveal anyone’s address.The law seems to be hewed to regarding the real property addresses for public officials, right? Not according to the AG. Deputy Attorney General Daniel Stone says the common interpretation is wrong and isn’t what the legislature intended.

As a practical matter, we believe that a broad and overly literal reading of section 6254.21(a) would lead to unworkable results. Some public agencies…might conclude that they were forced to refrain from making any property-related database accessible to any internet technology, no matter how secure or limited the network, due to the possibility that the data could contain home information of public officials. Other public agencies… might conclude that they were forced to review and redact their databases… Such an identification process would be difficult, time consuming, and inevitably incomplete. Furthermore, the resulting revised property databases… would no longer be comprehensive and would therefore be of diminished utility to users. We are hesitant to conclude that the Legislature could have intended such impractical results.

Simply put, the 1998 law was “intended to prevent public agencies from posting on their public websites any list or directory of public officials’ home addresses and telephone numbers, without first obtaining each official’s written permission to be included in the listing.” In other words, government agencies can’t construct a list of names and residential addresses of government employees and put that on their Internet sites.

Giving the Assessors permission to reconsider their ban on including addresses and names in their online databases, Stone states, simply:

Indeed, we believe that if the Legislature had in fact contemplated a comprehensively literal application of section 6254.21(a), that intention would have been more clearly reflected in the statute.

Give a kindly call to your local Assessor and ask her/him what changes they anticipate making in their Internet access in light of this opinion. What did the Assessor say?

May 29th, 2008

FTC Permanently Halts ‘Pretexting’ Scheme

Defendants Barred From Obtaining or Selling Consumers’ Phone Records to Third Parties

The Federal Trade Commission has put a permanent halt to an operation that allegedly obtained consumers’ confidential phone records without their knowledge or consent and sold them to third parties. The defendants are barred from obtaining consumers’ telephone records without their consent and court orders impose judgments on the defendants totaling more than $600,000 – the estimated amount of their ill-gotten gains.

This is the latest in a series of FTC cases targeting telephone pretexters – individuals who use false pretenses to obtain consumers’ confidential information. Since 2006 the FTC has charged sixteen individuals and their corporations with violating federal law by pretexting to obtain phone records of third parties. All have now been barred from pretexting and all have been ordered to give up the money they made engaging in the illegal practice.

In February 2007, the FTC asked a U.S. district court to order a permanent halt to the operations of a company that sold consumers’ confidential phone records, including information on calls placed and received. The FTC also sued the individuals who had used false pretenses to obtain the records from phone companies and then supplied those records to the company for a fee. The agency alleged these practices were unfair and deceptive in violation of federal law, and could endanger consumers’ safety. The agency also asked the court to order the defendants to give up their ill-gotten gains.

According to the FTC complaint, the Telecommunications Act of 1996 provides that a customer’s phone records may only be disclosed “upon affirmative written request by the customer.” But the agency alleged that since at least 2005 Action Research Group, Inc., and its principals, Joseph and Matthew DePantes, sold confidential customer phone records, including lists of calls made and the dates, times, and duration of the calls, to third parties, without the knowledge or consent of the customers. To get the records, these defendants relied upon the other defendants, Eye in the Sky Investigations, Inc., Cassandra Selvage and Bryan Wagner, who obtained them from phone companies through “pretexting” – using “false pretenses, fraudulent statements, fraudulent or stolen documents or other misrepresentations, including posing as an account holder or as an employee” of a phone company. Selling the records constitutes an invasion of privacy that could endanger the health and safety of consumers, the agency alleged.

The DePantes and ARG agreed to settle the FTC charges. Defendants ESI, Cassandra Selvage, and Bryan Wagner are subject to default judgments entered by the court.

The settlement and default judgments permanently bar the defendants from obtaining, marketing or selling customer phone records or consumers’ personal information derived from those records. They also bar the defendants from pretexting or using others to pretext to obtain consumers’ information. The settlement order entered a judgment in the amount of $67,000 against the DePantes and ARG, the estimated amount of ill-gotten gains the defendants earned from their illegal scheme; the judgment was suspended upon a payment of $3,000 based on the defendants’ inability to pay. In the default judgments, the court ordered Wagner to give up $428,085 in ill-gotten gains and ESI and Selvage to give up $110,762.

The Commission vote to accept the settlements was 5-0. They were filed in U.S. District Court for the middle district of Florida, Orlando division.

NOTE: Stipulated final orders are for settlement purposes only and do not constitute an admission by the defendant of a law violation. Consent judgments have the force of law when signed by the judge.

What are your comments in this topic?

Jimmie Mesis, Editor-in-Chief
PI Magazine

May 29th, 2008

FTC Reaches Settlement With Investigators Involved In The HP Spy Scheme

The FTC reached an agreement on Wednesday for $600,000 in settlements and judgments against several private investigators others involved in the Hewlett-Packard Co. boardroom scandal.

The FTC settlement imposed a $67,000 penalty against Matthew DePante, his father, Joseph DePante, and their now-defunct company, Action Research Group Inc., which was based in Clearwater, Fla. All but $3,000 was suspended due to their inability to pay.

The U.S. District Court for the Middle District of Florida, Orlando division, also entered default judgments against DePante’s subcontractors, Bryan Wagner, who must pay $428,085, and Cassandra Selvage and her company, Eye in the Sky Investigations Inc., who must pay $110,762.

More details on this topic can be found at the FTC website as well as other published articles. You can read the actual FTC complaints here.

What are your comments on this topic?

Jimmie Mesis, Editor-in-Chief
PI Magazine

March 30th, 2008

Guide to phone records privacy

Selected Laws Governing the Disclosure of
Customer Phone Records by Telecommunications
Carriers
, a recently released Congressional Research Service report, summarizes the laws, legislation and congressional actions related to telephone call log records. The Federation of American Scientists has a database of some of these CRS reports, which are selectively released by members of Congress.

March 5th, 2008

Database of the Day: Small Business Administration Loans Approved

Find companies and loans they’ve acquired through the Small Business Administration business loans approved database. Search by approval year and state to get a list of all companies receiving SBA loans, with the loan amount, approval date and city where the company is based. Or, to search across all years for which data is supplied and to get other SBA documents on a company, try this search query.

Also, search the database of the Small Business Administration certifications of businesses that are women, minority or veteran owned. Then go to USA Spending to search for any contracts the company has been awarded by government agencies and the dollar amount.

February 7th, 2008

This week in databases: California - Connecticut - Immigration Doctors - DEA Registrant Actions

Those who research historical records - as I do for Quiet Title actions, family history and heir locates - will find the new California Voter Registrations - 1900-1968, supplied by Ancestry.com very helpful. You can search a name for free, but a subscription is required to view an image of the record.

ancestry voters2.jpg

The State of Connecticut Judicial Branch, Conviction & Bond Forfeiture Dispositions Criminal/Motor Vehicle database supplements the Pending Criminal Cases search.

The holdings and limitations are described at the site.

# Each Criminal And Motor Vehicle Charge Disposed On And After January 1, 2000 In Which The Court Disposition Was A Conviction Is Included

# Each Criminal And Motor Vehicle Charge In Which The Court Action Was Concluded By A Bond Forfeiture Order On And After January 1, 2000 Is Included

* A Motor Vehicle Matter Disposed By Way Of Bond Forfeiture Is Deemed A Conviction Pursuant To Connecticut General Statutes Section 14-1(a)(18)

# Youthful Offender And Juvenile Cases Are Not Displayed

# This Criminal History Record Information May Change Daily Due To Erasures, Corrections, Pardons, And Other Modifications To Individual Criminal History Record Information.

Identify civil surgeons who have been designated by the Bureau of Citizenship and Immigration Services to perform medical exams on applicants. Search by state or zip code. Or search by name from a search engine with the query: name site:uscis.gov. Replace the word name with the personal name.

Find criminal and administrative actions against doctors at the Drug Enforcement Administration, Diversion Control Program site. A search by last name or year returns name, location, date of arrest, conviction result, DEA registration status and a case summary. This database goes back to 2003. Search older registrant actions from a search engine with the query: name site:www.deadiversion.usdoj.gov/.

December 29th, 2007

The armchair investigator: Employment background on the Internet

The online telephone directory, 411.com isn’t just for finding listed telephone numbers. Use it to identify current employment or to expand the employment history profile of your subject. A search on my name in California returned 40 results. Some are home listings, but other records are work contacts. These are extracted from the Internet - Web pages and Zoominfo - and may supplement the business associations found at various other people finder sites.

411com.jpg

Google the work designation “Mt Diablo Soccer League” to find a photo, phone number and email for this Tamara Thompson.

Most of the free lookup, fee-based people finder sites - PeopleFinders, Voompeople, Privateeye, to name a few, - contain the same data, although those may list corporation and DBA records not found at 411.com.

The recent proposal by the governor of Connecticut requiring that these sites offer a blanket opt-out to residents likely won’t get legal traction. The Internet people finder databases and telephone directories already have opt-out procedures, and their information is gathered from government public records and published directories. Governor Rell has stated that this measure would address safety concerns for the elderly, who are often targeted in financial scams.

December 13th, 2007

Database of the Day: Historical SEC Records

The U.S. National Archives and Records Administration, Access to Archival Databases (NARA AAD) maintains searchable collections of government records and indexes online. The most popular are military: World War II Army Enlistment Records, Records on Korean War Dead and Wounded Army Casualties, Records of World War II Prisoners of War and Records with Unit Information on Military Personnel Who Died During the Vietnam War. The NARA AAD also has an index of historical Securities and Exchange Commission public companies - searchable by officer and director names and company names. This supplements (although the NARA doesn’t have the documents online) the free full text search in the EDGAR system at the SEC (which is only the past 4 years) and the header information in SEC filings (which goes to 1994).

View the short tutorial on searching the holdings of:

Proposed Sale of Unregistered Securities by Individuals, created, 1/4/1972 - 9/29/2000 and

Trading of Securities by Corporate Insiders, created, 7/11/1978 - 3/12/2001

December 9th, 2007

Monday, December 10 FTC workshop on Social Security numbers

This 1 1/2 day workshop starts at 8:30am and will be Webcast. The agenda of topics and speakers from government and commerce, and professional and advocacy groups, is prominently sprinkled with privacy activists who take absolutist positions against access by private investigators to credit bureau and government records that contain Social Security numbers. However, there are 338 comments submitted by the public, many of them are accounts by private investigators of the critical use of Social Security numbers to solve crimes, find people, break fraud rings and verify employment backgrounds.

Robert Townsend of the National Association of Legal Investigators is on the 1:45pm panel on Monday.

On December 10 and 11, 2007, the Federal Trade Commission will host a public workshop, “Security in Numbers: SSNs and ID Theft,” to explore the uses of Social Security numbers in the private sector and the role of SSNs in identity theft. This workshop continues the work of the President’s Identity Theft Task Force, and, in particular, its recommendation to explore ways to reduce unnecessary uses of the SSN. The workshop will provide a forum for public-sector, private-sector, and consumer representatives to discuss the various uses of SSNs by the private sector, the necessity of those uses, alternatives available, the challenges faced by the private sector in moving away from using SSNs, and how SSNs are obtained and used by identity thieves. The workshop will be free and open to the public.

While you’re viewing the video, read through the November 2007 Federal Trade Commission document, Staff Summary of Comments and Information Received Regarding the Private Sector’s Use of Social Security Numbers.

December 7th, 2007

Google indexing Florida government records

It will be easier to find Florida public records through a Google search without having to mine each government database, now that the Florida state government has a cooperative arrangement with Google to index their sites.

Search the name “Villalobos” within Florida government records by formulating this query:

villalobos site:state.fl.us

All of the initial results are for Senator Villalobos at the legislature’s Web site. If he’s not your target, search again, removing that site:

villalobos site:state.fl.us -site:leg.state.fl.us

One set of public records is various state license holders.

Examine the search results to uncover new types of public records. Scroll down to the link to a Florida Department of Law Enforcement document listing a “Villalobos” among those receiving an Intoxilyzer test. If you go to the public records section at the Florida Department of Law Enforcement, Alcohol Testing Program you’ll see a jumble of files that aren’t searchable here, but content within them can be plumbed at a search engine.

This document image tells you that Villalobos’ arrest took place in Broward County, which is helpful because names in the Florida court case indices won’t come up in a search engine.

I previously wrote about the other state governments - Arizona, California, Utah and Virginia - whose sites Google is also indexing.

September 10th, 2007

Database of the day: Drug Treatment Facility Locator

The U.S. Department of Health and Human Services, Find a Substance Abuse Treatment Facility Locator, is an online mapping tool and address finder that includes:

* Private and public facilities that are licensed, certified, or otherwise approved for inclusion by their State substance abuse agency

* Treatment facilities administered by the Department of Veterans Affairs, the Indian Health Service and the Department of Defense.

Search by city and state and expand the range up to 100 miles. Results are mapped and a list of facilities, with address, phone, hours and types of treatment offered is generated. Or find a facility by name or partial name only.

August 30th, 2007

More California public records may become available

A case pushed to the California Supreme Court by the Contra Costa Times, has delivered a victory for open government advocates. The court concluded that the public has a right to know the income of government employees, that disclosure does not constitute an unwarranted invasion of privacy. The Times was victorious in the lower court but unions representing government employees appealed to the Supreme Court. The AP story cites a union representative who claimed that releasing the salaries of the public servants would lead to unwanted sales calls. That has to be the most weak, laughable argument for restricting government-generated records which potentially could expose all kinds of government misdeeds.

The same AP story reports that in another ruling the court added the California Department of Justice database records of police officers’ names and hiring and termination dates to the list of public information. This is good news for police misconduct investigations, which will be assisted by being able to track the movement of law enforcement between departments. I just hope the Contra Costa Times publishes the entire salary database on its Web site, as many others have done.

Sharpen your pencils and start drafting those Public Records Act requests.

August 26th, 2007

The roller coaster conversation about public records on the Web

The citizenry and government both come to the wrong conclusions about the ready availability of public records on the Internet. The City of Raleigh, North Carolina and Wake County joined dozens of other communities that have begun integrating crime activity into interactive mapping. Local real estate developers and agents object, believing that “public crime data… will lower housing prices.” Some people are getting acquainted with the meaning of “public records” for the first time through the government Web sites, complaining about an invasion of privacy because others can see their address and name in the Assessor’s records. Alternatively, they embrace access when the records concern people they want to know about, such as sex offenders. Privacy advocates have campaigned to seal criminal records for first-time offenders, which Florida is doing at 3 times the number as 10 years ago, according to this analysis. Even in these cases, law enforcement continues to keep a record of the criminal history.

Public officials sometimes sound defensive when bringing public records into the Internet age, asserting that particular types of personal information isn’t included. Or they remove the documents or data that was once on the Web, as in the case of the El Paso County, Colorado inmate log. The Sheriff has restricted the listing of the criminal charges to classification numbers as a reaction to inmate assaults. If the availability of public records on the Internet isn’t mandated by law, as in the case of the sex offender registries, it’s always subject to being withdrawn.

Agencies could better serve the goal of open government by reducing the number of exemptions to disclosure. The Washington State Attorney General announced a meeting to review the Public Disclosures Act exemptions, which have grown from 10 in 1972 to more than 300 today.

The County Clerk of Oneida County, New York removed land records from its Web site, a promise of her political campaign. Now, she proposes to make document images available online to a handpicked elite, including attorneys (to whom she was speaking when this offer was made), ostensibly because the records are used in the course of their work. You see the basis for redefining the “public” in “public records”, right? Arbitrary. Capricious. Preferential.

August 3rd, 2007

Database of the day: National Bridges - Deficient or Obsolete

Although the Federal Highway Administration collects all kinds of data on the condition of bridges it’s not presented in a consumer friendly format. You can download files by Deficient Bridges by State and Highway System, Highway Bridge by Owner or Bridge by State.

Query the citizen run National Bridge Inventory Database, which has been overwhelmed with hits since the recent Minneapolis collapse, for any bridge data, but here’s Minneapolis NBI Structure 9340.

A Deficient or Obsolete Bridges database with a state by state map has been assembled by MSNBC. Select a state, then click on the small type link, “Click here to see major state bridges on list”. Find out whether the bridge is obsolete or deficient (an engineering distinction, both of which sound bad) and its safety rating. Keep in mind that the last structural evaluation for the Minneapolis bridge concluded: “Meets minimum tolerable limits to be left in place as is”.

July 11th, 2007

Database of the day: Mining the Madam’s records for telephone numbers

If you conduct reputation research on the politically connected consider downloading the telephone records of the D.C. escort business operated by Deborah Jeane Palfrey. This Web site has 40% of the records in a searchable database, with more to be added.

These are the 1994-2006 telephone records of the escort business based in Washington D.C. which listed a number for a politician, who recently confirmed that he was a customer - for massage services only… Reporters are mining the numbers for connections to other elected officials - and finding some. This advocacy site has images of some of the telephone bills.

July 7th, 2007

New sources, More activity on state employee salaries

Salaries of Delaware state employees who are paid with non public funds are not public records, according to an opinion issued this year by the Delaware Attorney General. Delaware State University solicited the opinion in response to a Freedom of Information request. At the time the AG assessed the University’s accounting system he concluded that it coded employee records to distinguish between employees paid with private money and those receiving payments from public funds. The determination is particularly troubling because the two employees on whom the data was requested are both state legislators.[Reported in The Chronicle of Higher Education.]

Of course, any public agency can follow the example of the North Carolina Columbus County Board of Commissioners and bury a public record in a confidential personnel file, then declare - mistakenly - that it’s not a public record.

Search collections of Washington State and Washington cities employee salary databases at this private Web site. Search statewide or within a city or agency. Data is collected for some sources for as much as 7 years. The site also has other databases and links to Washington State government databases for voters, real property ownership, inmates, court filings, restaurant inspections, recorded documents and newspaper name searches.


This South Dakota newspaper did a round-up of each state’s policy on release of government employee names and their pay
, and whether an online searchable database was available. It would be a better reference tool if the site had provided hyperlinks to the state salary databases that are online.

Read prior PI buzz postings on databases and issues related to government employee salaries.

July 4th, 2007

Database of the day: Funeral homes and directors disciplinary actions

Search the online records of disciplinary actions from 2000 to 2007 for funeral homes and funeral practitioners at the Maine Board of Funeral Service. Use this advanced search query at the Google search engine. In this example, I’ve searched the name “Fernald”. Note the Web address in the search bar.

maine funeral.jpg

Use the same Google search format to identify Pennsylvania professional license disciplinary actions, including for funeral directors and funeral homes, from 1999 to 2007.

The Oregon Mortuary and Cemetery Board has images of Notice of Proposed Disciplinary Action and Consent Order for cases filed from 2005 to 2007.

The Texas Funeral Service Commission has a one page list of disciplinary actions taken against licensees since September 2006. The record has a name, violation, action taken and date.

This document has hyperlinks to all the state funeral regulatory boards.

June 30th, 2007

This week in public records: Federal - Washington - Iowa - Wisconsin - California - Tennessee - Pennsylvania

The U.S. Court of Appeals for the Sixth Circuit issued a ruling that could advance employee rights to privacy protection of their personal email generated at a workplace computer.

In Warshak v. United States, the federal court upheld the finding that e-mail users are entitled to the same expectation of privacy as persons using the telephone.

“Employers should be aware that the Sixth Court did not state that a workplace-monitoring policy will always defeat an employee’s expectation of privacy. If, for example, a company representative with appropriate authority tells an employee that the company will not read his e-mail despite the existence of a policy to the contrary, the employee may be able to argue that he did have a reasonable expectation [of privacy] in his work e-mail,” he cautioned.

“It also is possible that an employee who becomes aware of his employer’s practice not to enforce its right to monitor e-mail may be able to show that he had an expectation of privacy in his e-mail,” Gordon concluded.

For all of these reasons, said Martin Jaron, litigation partner at Holland & Knight and cochair of its electronic discovery team, this decision is just a way station in the broader discussion of privacy rights.

A Washington State Superior Court denied a request for an injunction that would have required a state agency to produce public records in electronic form. Thurston County Judge Christine Pomeroy directed the requester to seek legislative clarification, that electronic copies of records are not currently required to be produced under the Public Disclosure Act.

Inmates in Iowa jails for 23 counties are now on the Vinelink notification service. More counties and the Department of Corrections inmates will be added later this year.

The Wisconsin State Journal is suing a police department for access to police officer employment and disciplinary records. A public records request for copies of complaints brought against a particular officer was denied by the law enforcement agency.

The Oakland, California police department is in the process of updating its public records policies and training procedures. The department is also installing cameras in their patrol cars and, in this article, the records supervisor mentions that these videos will be available under the Public Records Act. Last year, Californians Aware conducted a survey of several hundred California law enforcement agencies to determine their openness to releasing records covered under the Public Records Act. The Oakland Police Department was among the agencies receiving the lowest score.

The sex offender registry for Tennessee has added a mapping program, which will go online July 1, enabling a radius search. Changes in the laws this year will increase the number of offenders required to register, make more names public that have been considered confidential and require all those convicted of a sex crime in the past, regardless of the date, to register by August 1st.

The Pennsylvania Supreme Court ruled that a prison telephone audiotape recording was a public record because it was played in an open court hearing. Even though the recording did not meet the evidence requirements to be submitted at trial it was nevertheless a judicial record.

June 24th, 2007

Database of the Day: Federal and state employee names and salaries

See the recently added category - What’s New At… - in the left sidebar, which includes a link to the collection of databases assembled by the Asbury Park Press. Just online is the salary database of 2006 federal employees. Search by name or agency to find their salary. Not all government employees are included.

Employees involved in security work, FBI, CIA, defense department, nuclear materials, and other jobs essential to national security are excluded. The list contains most executive branch employees but does not cover the White House, Congress, the Postal Service and independent agencies and commissions.

Dust is being stirred up over the Michigan employees salary online database. Some folks in government have forgotten that they’re working for the rest of us, that transparency is critical for good government. Unfortunately, they don’t see the advantage of knowing the income of similarly employed co-workers.

The online Iowa State Employee Salary Book is searchable by name from 1993 to the present.

South Dakota’s governor is still claiming that government employee names and rate of pay are not public records.

June 23rd, 2007

Government seeks to further restrict the use and display of the Social Security number

A federal legislative hearing spotlighted (once again) the widespread display of Social Security numbers in public records.Various speakers at the recent House Ways and Means Subcommittee on Social Security discussed the problems of identity theft. Justin Yurek of ID Watchdog, recommended that Social Security numbers should be removed from all public records and should never be sold to unaffiliated 3rd parties for any reason.

The summary of the Government Accounting Office (GAO) report, Social Security Numbers: Use is Widespread and Protection Could be Improved notes that information resellers have few restrictions on their ability to obtain and sell public records, including Social Security numbers. The full report advises the IRS and Attorney General establish a policy of truncating Social Security numbers on all lien filings and notices.

Sen. Charles Schumer pointed to the differing strategies in masking Social Security numbers in online government and private company databases.

First, we need to have uniform standards for protecting Social Security numbers by hiding either the first five digits or the last four digits.

The good news is that federal agencies have started hiding the first five digits of Social Security numbers in public record documents. The very bad news is that data brokers and other entities are going in the opposite direction of hiding the last four digits.

This makes it very easy to use public sources to piece together a full nine-digit Social Security number that could be used for identity theft. The GAO was able to do this in just one hour, from their desks. An identity thief could do the exact same thing – from anywhere in the world.

Perhaps of concern to reporters, investigators and attorneys is proposed legislation by Schumer that could restrict the information databrokers provide.

That’s why I am proposing new legislation that will require the Social Security Administration to set standards telling public agencies and private businesses exactly what method of truncation to use.

The Oregon Secretary of State announced new standards for acceptance of filings - which must mask certain personal identifiers.

After July 15, 2007, the Secretary of State may refuse to file documents containing a Social Security number, a state identification number, a driver license number, a credit or debit card number, or an account number that is not redacted to at least the last four digits of the number.

The February 2007 Federal Trade Commission report on identity fraud presents a statistical analysis of the types and extent of reported identity theft and fraud.