Open government

In light of the growing disruptions caused by the COVID-19 pandemic, the monitors for freedom of expression and freedom of the media for the United Nations, the Inter-American Commission for Human Rights, and the Representative on Freedom of the Media of the Organization for Security and Co-operation in Europe issued the following joint statement:

It is clear that the online comment system at the Federal Communications Commission, and very likely other public agencies, is easily exploitable and likely broken to the point that it’s causing more harm than good. Though it may seem like an arcane issue, it’s a big problem. When it comes to crafting new federal policies, the notice and comment process might be the only direct way a member of the public can have a voice in federal decision-making. Regulators are legally required to consider opinions shared by Americans.

Groups are calling on the Senate Rules Committee to launch an investigation into whether a closed-door meeting of the Senate Judiciary tech task force violated the chamber’s procedures for public notice. The working group, led by Sen. Marsha Blackburn (R-TN), met in the Judiciary hearing room for an off-the-record session with privacy officers from Snap, Match, Salesforce, and Mozilla.

Members of Congress asked the Government Accountability Office to review issues related to identity information associated with public comments on proposed rulemakings.

Federal Communications Commission Chairman Ajit Pai announced that he has presented his colleagues with two new proposals to modernize and streamline the agency’s processes. Under the first, the FCC would continue the agency’s move toward electronic filing and correspondence by fully transitioning the Universal Licensing System—the agency’s largest licensing system—from paper to electronic format.  The second proposal would expedite the Commission’s hearing processes by expanding the use of written hearings (i.e. hearings conducted without live testimony).

Striking back at The New York Times Company, the Federal Communications Commission is urging a judge to rule that the agency need not disclose information about net neutrality commenters because doing so would compromise their privacy. “If the FCC is compelled to disclose an individual’s IP address, operating system and version, browser platform and version, and language settings, and that information is linked to the individual’s publicly-available name and postal address, that disclosure would result in clearly unwarranted invasions of personal privacy,” the FCC argues in papers filed wit

Brian Lamb, the man who put Congress on live television, reflects on the results and explains why the Supreme Court ought to be next.

We have more work do if want to truly modernize the public file system that is the subject of our decision April 12. These filings include things like station authorizations, contour maps, ownership reports, equal employment opportunity filings, reports on children’s television programming, materials related to investigations and complaints, and joint sales agreements.

The New York Times Company is pressing a judge to order the Federal Communications Commission to turn over information about comments submitted in the 2017 net neutrality proceeding. “The logs will likely reveal the true extent of the fraud that infected the net neutrality rulemaking,” the newspaper argues in court papers filed April 10 with US District Court Judge Lorna Schofield in the Southern District of New York. “In the wake of Special Counsel’s Robert Mueller’s recent indictment of 13 Russian individuals and three Russian companies for interfering with U.S. elections and the U.S.