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September 29, 2008

Subpoena for Office of Legal Counsel Documents Authorized

From Secrecy News:

The Senate Judiciary Committee has authorized the issuance of a subpoena for a copy of opinions of the Justice Department Office of Legal Counsel (OLC).

OLC opinions interpret the law for executive branch agencies. Controversially, they have been used to sanction official departures from existing legal norms in domestic surveillance, prisoner interrogation, and other areas. They have also frequently been withheld from most members of Congress (though they have reportedly been provided to the intelligence committees in many cases).

Google Goes to Washington, Gearing Up to Put Its Stamp on Government

From the Washington Post:

The tall buildings in Reston bear the familiar names of big government contractors: Northrop Grumman, CACI, Raytheon and Accenture. Last month another name appeared, but not one that's typically associated with the federal market.

Google has come to town, though you'd hardly know it from its nondescript, newly constructed building in Reston Town Center. . .

. . . Google wants agencies and the firms working with them to give "cloud-computing" a try.

Court Ruling Will Expose Viewing Habits of YouTube Users

From the Electronic Frontier Foundation:

Yesterday, in the Viacom v. Google litigation, the federal court for the Southern District of New York ordered Google to produce to Viacom (over Google's objections):
all data from the Logging database concerning each time a YouTube video has been viewed on the YouTube website or through embedding on a third-party website

The court’s order grants Viacom's request and erroneously ignores the protections of the federal Video Privacy Protection Act (VPPA), and threatens to expose deeply private information about what videos are watched by YouTube users. The VPPA passed after a newspaper disclosed Supreme Court nominee Robert Bork's video rental records. As Congress recognized, your selection of videos to watch is deeply personal and deserves the strongest protection.

Senate Updates Web Rules to Allow YouTube Videos

From Roll Call: (Subscription required)

Senators can now legally post YouTube videos on their Web sites, thanks to a long-awaited update to the chamber’s rules.

SLA Opposes Secrecy on Bailout Bill

From the SLA Public Policy Blog:

Several groups, including SLA, wrote open letters to Congress opposing two sections of the Legislative Proposal for Treasury Authority to Purchase Mortgage-Related Assets.

The letters state that the legislation confers unacceptably broad powers upon the Treasury to conduct activities without transparency and accountability to the public.

Letter to the House
Letter to the Senate

September 22, 2008

Psst! Are you Twittering yet?

From Federal Computer Week:

Twitter might be hard to describe, but that hasn’t deterred thousands of people — including a growing number of government officials — from using the microblogging service to quickly and efficiently update others on their activities.

Nationwide Study Grades and Ranks Campaign Disclosure in the 50 States

Press Release:

Access to state-level campaign finance information has improved dramatically since 2003 due to the increase in electronic filing of campaign disclosure reports, according to Grading State Disclosure 2008. The report, released today, represents the fifth nationwide assessment of state campaign disclosure laws and practices conducted by the Campaign Disclosure Project.

Utah senator stalls 'plain language' bill

From GovernmentExecutive.com:

A bill mandating the use of "plain language" on government forms, benefit applications, reports and other documents may languish this year amid a crowded Senate schedule and an unanticipated hold by Sen. Robert Bennett, R-Utah.

The bill would not apply to regulations. It defines "plain language" as language that "is clear, concise, well organized, and follows the best practices of language writing.". . .

. . . It was expected to breeze through the Senate just before lawmakers left town for their summer recess when Sen. Charles Grassley, R-Iowa, placed a hold on behalf of Bennett.

According to Bennett aides, he was concerned about its impact on the Federal Election Commission and the Election Assistance Commission -- both of which fall under the oversight jurisdiction of the Senate Rules Committee, where he serves as ranking member.

Judge: all of Cheney's papers must be preserved

From The Washington Post:

A federal judge issued a preliminary injunction yesterday ordering Vice President Cheney and the National Archives to preserve all of his official records.

U.S. District Judge Colleen Kollar-Kotelly's order came in response to a lawsuit filed this month by the watchdog group Citizens for Responsibility and Ethics in Washington. The group, joined by several historians and open-government advocates, warned that Cheney might destroy or withhold important documents as the Bush administration winds down if he interprets the Presidential Records Act of 1978 as applying to only some of his official papers.

House Holds Hearing on New FOIA Ombudsman

From the AALL Washington Blawg:

On Wednesday, September 17, the House Oversight and Government Reform’s Subcommittee on Information Policy, Census, and National Archives held a hearing on the implementation of the Office of Government Information Services (OGIS). The OPEN Government Act (P.L. 110-175) created OGIS within the National Archives and Records Administration (NARA) to review agency compliance with the Freedom of Information Act (FOIA) and offer mediation services to requestors.

September 21, 2008

Reinventing Transparent Government

From The Century Foundation:

In “Reinventing Transparent Government,” a new policy brief for The Century Foundation, Patrick Radden Keefe, fellow and expert on national security and civil liberties issues, calls for rolling back the secrecy of the Bush years and restoring transparency and accountability to American government. In the brief, Keefe explores the broad range of areas in which the United States government has adopted a policy of reflexive secrecy in recent years, and examines the extent to which that posture represents a departure from the American tradition of accountable, transparent government. Keefe makes five concrete proposals for specific changes a new administration could make to usher in a new era of sound, open, responsible government, and invokes James Madison’s admonition that “A popular government, without popular information, or the means of acquiring it, is but a Prologue to a Farce, or a Tragedy, or perhaps both.”

Download the report (PDF).

Leading research institutions to further develop free global online access to findings of UK life sciences

From the British Library:

Eight leading biomedical research funding organisations, including Government bodies, Research Councils and Charities, have approved funding to further develop the UK PubMed Central website (www.ukpmc.ac.uk) over the next three years.

The development will be carried out by the British Library, the University of Manchester and the European Molecular Biology Laboratory’s European Bioinformatics Institute (EMBL-EBI), in close consultation with the UK’s biomedical and health researchers.

A Bill to Challenge Secret Law

From Secrecy News:

New legislation would require the Attorney General to report to Congress whenever the Department of Justice issues a legal opinion indicating that the executive branch is not bound by an existing legal statute.

The bill, introduced September 16 in the Senate by Senators Russ Feingold and Dianne Feinstein, responds to the Bush Administration’s use of secret opinions from the Justice Department Office of Legal Counsel (OLC) to circumvent binding legal restrictions on domestic surveillance, torture and other practices.

OLC Reporting Act of 2008

Hackers Access Palin's Personal E-Mail, Post Some Online

From The Washington Post:

A group of computer hackers said yesterday that they had accessed a Yahoo e-mail account of Alaska Gov. Sarah Palin, the Republican vice presidential nominee, publishing some of her private communications to expose what appeared to be her use of a personal account for government business.

The hackers posted what they said were personal photos, the contents of several messages, the subject lines of dozens of e-mails and Palin's e-mail contact list on a site called Wikileaks.org. That site said it received the electronic files from a group identifying itself only as "Anonymous."

California seeks compensation for posting laws online

From the Washington Times:

In an action that mirrors a similar case this spring, California is asserting a copyright over its state statutes in a move that seeks to limit their reprinting and distribution.

The claim mirrors one made in April by lawyers for Oregon, who sent a cease-and-desist letter to Justia .com for posting the Oregon Revised Statutes online. Authorities accused the Palo Alto, Calif., company of copyright infringement and demanded that the legal site either link to the state's own Web site or pay for a license to publish the statutes.

In the latest instance of states claiming copyright over their laws, public information activist Carl Malamud posted the California Code of Regulations online at public.resource.org.

After Hearing, Sweeping Anti-NIH Bill To Be Shelved—for Now

From Library Journal:

Within hours of last week’s hearing on the Fair Copyright in Research Works Act, a sweeping, publisher-supported bill that would ban public access measures similar to the National Institutes of Health’s (NIH), lawmakers all but ruled out action on the bill in 2008. With Congress set to adjourn on September 26, Rep. Howard Berman (D-CA), who chairs the subcommittee on the Courts, the Internet and Intellectual Property, which sponsored last week’s hearing, said the bill would be held until at least next year.

Public Resource makes CFR available for free

From Free Government Information:

Carl Malamud and Public.Resource.Org, Inc. is at work again, freeing what should be free. He has purchased the Code of Federal Regulations from GPO and is making it publicly available without charge. This is the raw, SGML and images version that GPO sells for over $17,000. Carl says:

Our intent in purchasing this product is to make it available in raw format on the Internet for access by anonymous FTP. We will not charge for access, nor will we restrict usage by the imposition of any license agreements. Since public documents are defined as “public property” in 44 USC 1119, this deployment of the raw feed of the Code will make it available for all to use without restriction and will allow for-profit and non-profit entities to construct alternative versions of the CFR.

Public.Resource.Org GPO page
Public.Resource.Org letter to the GPO

EFF Sues NSA, President Bush, and Vice President Cheney to Stop Illegal Surveillance

From the Electronic Frontier Foundation:

The Electronic Frontier Foundation (EFF) filed a lawsuit against the National Security Agency (NSA) and other government agencies today on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records. The five individual plaintiffs are also suing President George W. Bush, Vice President Dick Cheney, Cheney's chief of staff David Addington, former Attorney General and White House Counsel Alberto Gonzales and other individuals who ordered or participated in the warrantless domestic surveillance.

The lawsuit, Jewel v. NSA, is aimed at ending the NSA's dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it. Evidence in the case includes undisputed documents provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA.

September 15, 2008

EPA Withholds Pesticide Information While Bees Die

From OMB Watch:

A conservation organization has sued the U.S. Environmental Protection Agency (EPA) for failing to release information about a pesticide linked to dramatic declines in honeybee populations. The pesticide was approved on the condition that the manufacturer study the effects of the chemical on the bee species. The EPA has received the studies but refuses to release them to the public, even though a Freedom of Information Act (FOIA) request was filed.

The Natural Resources Defense Council (NRDC), which made the FOIA request, sued EPA on Aug. 18 for withholding the information. The pesticide, known as clothianidin and sold under the brand name Poncho, is in a class of chemicals linked to collapses of thousands of bee colonies.

Recent court decisions transform legal tools for protecting free speech into an instrument for the suppression of the public’s speech and access rights

From the California First Amendment Coalition:

Recent decisions by two California Courts of Appeal have turned California’s anti-SLAPP law into a legal Frankenstein’s monster. In doing so, they have turned a law designed to protect the public’s exercise of free speech and petition rights into a tool for government suppression of those rights.

In Digital Age, Federal Files Blip Into Oblivion

From the New York Times:

Countless federal records are being lost to posterity because federal employees, grappling with a staggering growth in electronic records, do not regularly preserve the documents they create on government computers, send by e-mail and post on the Web.

Federal agencies have rushed to embrace the Internet and new information technology, but their record-keeping efforts lag far behind. Moreover, federal investigators have found widespread violations of federal record-keeping requirements.

Many federal officials admit to a haphazard approach to preserving e-mail and other electronic records of their work. Indeed, many say they are unsure what materials they are supposed to preserve.

EPA Library in Chicago 16th floor Construction Notice

Posted to GOVDOC-L:

Attached please find an e-mail I received on Thursday, September 4, 2008, from Cyndy Colantoni, Associate Director of the Resource Management Division, U.S. EPA Region 5 Office in Chicago, regarding construction of the "new" EPA Library.

Confirming AFGE Council 238's worst fears, EPA Region 5 management is going forward with a slightly larger version of a men's room sized library for the largest Region within EPA, that will also include the Great Lakes National Program Office collection.

September 13, 2008

Senator questions progress on federal spending Web site

From NextGov.com:

A Web site launched last fall to track federal spending has not followed the law to provide up-to-date information on government contracts and grants, while a new bill would increase the amount of information agencies would have to post online.

CThe site, USAspending.gov, was launched in 2007 to fulfill one of the requirements of the 2006 Federal Funding Accountability and Transparency Act, which requires the Office of Management and Budget to maintain a site listing organizations that receive more than $25,000 in federal funds. . .

. . . The law requires agencies to submit every 30 days a report listing the groups issued grants and the amount of the grant. USASpending.gov's data quality page shows, however, that some agencies, including the Homeland Security, Labor, Transportation and Veterans Affairs departments have not updated grant information since last year.

Google Tightens Standards for YouTube Videos in Response to Lieberman's Pressure

Press Release:

Homeland Security Chairman Joe Lieberman, ID-Conn., Thursday hailed Google’s decision to strengthen the standards required for videos to appear on YouTube – a move taken in direct response to the Senator’s complaints about violent Islamist videos that have been posted on the popular website.

Google’s community guidelines for YouTube will now bar videos that incite violence, in addition to videos that contain hate speech and gratuitous violence.

FRUS Volume on Eastern Europe, 1973-1976, Elicits Dismay

From Secrecy News:

The State Department Historian last week released a new electronic volume of Foreign Relations of the United States (FRUS), the official documentary record of U.S. foreign policy, devoted to events in Eastern Europe from 1973-1976.

While every FRUS publication is of interest, the latest E-volume reinforced concerns about diminishing quality control in the venerable series.

House Adopts Overclassification Reduction Act

From Secrecy News:

The House of Representatives yesterday passed the Overclassification Reduction Act, a bill that is intended to help reduce inappropriate classification of information in government.

The bill would require the National Archivist to develop regulations to help combat overclassification. The bill would mandate increased accountability for classification actions, with incentives for challenging improper classification and penalties for abuse of classification authority. Importantly, it would require agency inspectors general to perform periodic audits of classification activity to ensure compliance with classification standards.

Congress Hears Debate Over Bill That Would Forbid NIH-like Public Access

From Library Journal:

Publishers squared off against public access advocates yesterday in Congress, as they testified concerning the Fair Copyright in Research Works Act (HR 6845), which would essentially bar agencies of the federal government from requiring the transfer of copyright as a condition for receiving public funding.

The brief, but sweeping copyright bill would prohibit measures like the recently enacted National Institutes of Health (NIH) public access policy, which requires investigators who accept taxpayer funds to deposit their final papers in the PubMed Central repository and give the agency a non-exclusive right to offer free access within a year, though it’s unclear if the bill would directly affect the current NIH policy.

EU urges Google to cut data retention to six months

From Information World Review:

The EU's top justice official has said that Google has not gone far enough in cutting the time it keeps users' search details.

Google announced on 9 September that it will retain data logs for nine months rather than the previous 18 months.
However, EU justice and home affairs commissioner Jacques Barrot said that, although Google's announcement was "a good step in the right direction", the search giant should cut the time further to six months.

Industry Downturn Spurs Gov’t Push Back on Info

From the National Press Club blog:

Squeezed for profits, news media companies no longer are pushing for access to information as they once did, a panel of Denver journalists said at a National Press Club forum here Tuesday.

“The media seems less and less willing to fight back and to challenge government authority in a legal sense,” said Brad Maass, who leads the investigative team at Denver’s CBS 4.

He was speaking at a National Press Club Centennial Forum on the First Amendment, freedom of the press and the future of journalism. It was held at the Denver Press Club.

In the past, the government knew that the media would take legal action every time information was restricted, Maass said. But now the government has gotten “pretty canny in knowing” that with financial pressures “there’s less fight in the media to battle for information.”

Open government must be preserved

From The Republican:

. . . We are moving dramatically in the wrong direction. How can a government of the people function when the people have no way of knowing what is going on inside the government? A farce, indeed. And a tragedy.

The next president, no matter who is elected in 55 days, must set to work to improve this. Quickly and decisively.

A United States without an open government is the United States in name alone. That must not be allowed to come to pass.

National Archives to Open Rosenberg Grand Jury Transcripts

NARA Press Release:

The National Archives will make available certain formerly secret Grand Jury testimony transcripts from the trial of Ethel and Julius Rosenberg. The opening of these records consists of more than 900 pages of transcripts of grand jury proceedings from August 1950 through March 1951.

Transcripts available at http://www.archives.gov/research/arc/topics/courts/rosenberg-jury.html

Governor Palin Is Asked To Release E-Mails

From the Washington Post:

Gov. Sarah Palin is being asked by a local Republican activist to release more than 1,100 e-mails she withheld from a public records request, including 40 that were copied to her husband, Todd.

Palin had claimed executive privilege for documents copied to her husband, who is not a state employee, in responding to an open records request in June made by Andrée McLeod, an activist in Anchorage. The administrative appeal filed yesterday by McLeod's attorney, Donald C. Mitchell, argued that by copying Todd Palin on sensitive state correspondence, the governor and her aides shattered the privilege rightly afforded elected officials.

Pennsylvania State Librarian Mary Clare Zales to Testify Before Congress

From Yahoo! News:

On Thursday, September 11, Pennsylvania State Librarian Mary Clare Zales will testify before the House of Representatives, on how libraries are essential to the American public in the 21st Century.

Representing the American Library Association (ALA), the Chief Officers of State Library Agencies (COSLA) and the Pennsylvania Department of Education, Ms. Zales' testimony highlights the variety of services that libraries provide to their patrons across the nation. Examples of these services included youth literacy programs, E-Government services, programs for non-English speakers, information literacy training, and career development assistance. "Libraries are reaching new populations in new ways," Zales said. "Their presence in the community is growing."

Healthy Families and Communities Subcommittee Hearing on "Examining the Role of Museums and Libraries in Strengthening Communities" - Witness Testimony and archive webcast

CREW Sues VP Cheney Over Vice Presidential Records

From Citizens for Responsibility and Ethics in Washington:

Today CREW, along with two eminent historians and three organizations of historians and archivists filed a complaint against Vice President Cheney, the Office of the Vice President, the archivist and the National Archives and Records Administration (NARA), challenging their exclusion of a vast majority of Vice President Cheney's papers from the Presidential Records Act (PRA) and the obligation to preserve for the American public.

September 09, 2008

Continued Expansion of Federal Government Secrecy Seen in 2007

From OpenTheGovernment.org:

Government secrecy increased across a wide spectrum of indicators in 2007, according to a report released today by a coalition of over 70 open government advocates. At the same time, the 110th Congress has moved toward increasing openness and accountability.

The findings of the 2008 Secrecy Report Card, produced annually by OpenTheGovernment.org to identify trends in public access to government information, include:

• Almost 22 million FOIA requests were received, an increase of nearly 2 percent over last year;
• The 25 departments and agencies that handle the bulk of FOIA requests failed to make a dent in their backlogs, although they received the fewest requests since reporting began in 1998; and
• The number of original classification decisions increased slightly after dropping two consecutive years, and the number of derivative classifications increased by almost 13 percent.

Rowling Wins Lawsuit Against Potter Lexicon

From The New York Times:

For seven years, a Harry Potter fanatic worked on a guidebook to J. K. Rowling’s best-selling series, but in the end, a federal judge ruled on Monday, his book was too close to the work he admired.

“Plaintiffs have shown that the lexicon copies a sufficient quantity of the Harry Potter series to support a finding of substantial similarity between the Lexicon and Rowling’s novels,” Judge Robert P. Patterson Jr. of Federal District Court in Manhattan wrote in his 68-page ruling blocking publication of a Harry Potter Lexicon written by Steven Jan Vander Ark.

Google Tightens Data Retention Policy — Again

From The New York Times:

Under pressure from regulators, policymakers and privacy advocates around the world, Google said late Monday that it would further tighten its data retention policy. In its official blog, the company said it would “anonymize” search records after 9 months, rather than the current 18 months.

Google has always kept logs of all queries conducted on its search engine, along with IP addresses — digital identifiers linking those searches to specific computers and Internet browsers. Before last year, Google’s retained those logs indefinitely. But in March of 2007, the company said it would begin anonymizing those logs after 18 months. Other search companies quickly followed suit, unveiling their own, more privacy-friendly policies.

Google’s move of last March did not please all privacy advocates, and clearly, it was not enough to placate regulators, especially in Europe.

September 05, 2008

The Transparency Trend

From State Legislatures Magazine:

Almost a third of online Americans surveyed in a recent poll are searching the Internet for information about how the government generates and spends taxpayer dollars, and most are disappointed, according to a recent Association of Government Accountants study. The study also showed that almost half of those surveyed are not satisfied with the information they receive about their state’s financial management. They want understandable and timely information, and they want to be educated about state budget challenges.

Many state legislatures are beginning to make this possible. This year, more than half the states introduced spending transparency bills. Many of these bills are similar to the Federal Funding Accountability and Transparency Act, passed in 2006, which requires access to all federal grants, contracts and other federal assistance, through a free, single, searchable website. State bills call for searchable web databases of all expenditures, or of state contracts over a certain amount, or expenditures by specific agencies or school districts.

He's giving you access, one document at a time

From the Santa Rosa Press Democrat:

California's building codes, plumbing standards and criminal laws can be found online.

But if you want to download and save those laws to your computer, forget it.

The state claims copyright to those laws. It dictates how you can access and distribute them -- and therefore how much you'll have to pay for print or digital copies.

It forbids people from storing or distributing its laws without consent.

That doesn't sit well with Carl Malamud, a Sebastopol resident with an impressive track record of pushing for digital access to public information. He wants California -- and every other federal, state and local agency -- to drop their copyright claims on law, contending it will pave the way for innovators to create new ways of searching and presenting laws.

Code City on Public.Resource.org

NIH Public Access Policy To Face Copyright Challenge in Congress?

From Library Journal:

In less than a week, on Thursday, September 11, the Subcommittee on Courts, the Internet, and Intellectual Property of the House of Representatives' Judiciary Committee is scheduled to hold a hearing on what sources tell LJ is a legislative attempt to redress publishers' concerns that public access policies—namely the recently enacted policy at the National Institutes of Health (NIH)—conflict with copyright and intellectual property laws. No text has yet been released for the legislation, tentatively titled the “Fair Copyright in Research Works Act.” Nor has the hearing appeared on the subcommittee's schedule.

The legislative hearing comes after publishers succeeded in adding a key phrase to the NIH public access mandate just before the bill’s passage in December, 2007—that the NIH policy be implemented “in a manner consistent with copyright law.” As LJ reported then, that simple phrase appeared to position publishers for a possible legal or legislative challenge to the policy.

Organizations in Strong Support of NIH Public Access Policy

From SLA's Public Policy Connections blog:

SLA and others sent letters to all members of the Subcommittee on Courts, the Internet, and Intellectual Property and the Committee on Judiciary expressing long-standing and strong support for the National Institutes of Health (NIH) Public Access Policy and opposing any change to the current Policy that would undermine its proven effectiveness.

The Subcommittee will be conducting a hearing on the NIH Public Access Policy, a hearing that SLA and others strongly hope will provide an opportunity to better understand the importance and strategic value of the Policy as it advances science, improves access by the public to federally funded research, provides for effective archiving strategies for these resources, and ensures accountability of our federal investment.

Read letter.

September 03, 2008

Federal Judge Orders Justice Department To Turn Over Memos Authorizing Torture Or Justify Withholding Them

ACLU Press Release:

A federal judge has ordered the Justice Department's Office of Legal Counsel (OLC) to turn over three memos that authorized the extremely harsh treatment of prisoners in CIA custody or explain by October 3 why these memos can lawfully be withheld. The American Civil Liberties Union called for the immediate release of the May 2005 OLC memos as part of its Freedom of Information Act (FOIA) lawsuit requesting information on the treatment and interrogation of detainees in U.S. custody overseas.

In Canada - Contentious copyright bill would die with election

From the National Post:

Made-in-Canada copyright legislation is among the bills that will die if Prime Minister Stephen Harper goes ahead with a widely expected election call at the end of this week, a prospect that bitterly disappoints many artists.

It will be the second time in as many governments that copyright legislation designed for the era of the iPod has died on the order paper at the dissolution of Parliament.

September 02, 2008

Defend the NIH Public Access Policy

From ARL's SPARC Policy Action Network:

We’ve learned that the House Judiciary Subcommittee on Courts, the Internet and Intellectual Property is planning on holding a hearing in September on the NIH Public Access Policy and the publishing lobby’s allegations that the policy conflicts with copyright. We understand that they are also planning to introduce legislation designed to overturn the current policy.

It is critical that members of this Subcommittee and others hear from constituents who support the NIH Public Access Policy as soon as possible, so that they may understand the depth and breadth of the community that supports public access. Many of these Subcommittee Members will only have heard about possible copyright concerns, and may be completely unaware of the importance of this policy for both the public’s health and the public’s right to access the results of research their tax dollars have funded.

We urgently need to communicate that the NIH policy is a crucial health information policy broadly supported by all stakeholder groups and that it has no effect on U.S. copyright law.

**Please review the list of members below to see if your Representative is included, and contact him or her as soon as possible and NO LATER than end of day Tuesday, September 9th.**

Congress to Push Web Privacy

From Business Week:

Support for a law aimed at protecting consumers' online privacy is gathering steam in Washington. Representative Edward Markey (D-Mass.), head of the House Energy & Commerce Committee, says he and others plan to introduce comprehensive online privacy legislation in the coming congressional session.

Dubbed the Online Privacy Bill of Rights, the law may require companies to get approval from consumers before collecting information about their Web-surfing habits, a process known as behavioral targeting that helps Web sites more strategically place ads. The legislation may also demand that companies disclose more information on how they collect and use people's Web-use data.