Judge Rules Against Homeland Security Office in Privacy Suit

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Richard Forno <rforno () infowarrior org>
Date: Thu, 02 Jan 2003 19:06:41 -0500
To: Dave Farber <dave () farber net>
Subject: Judge Rules Against Homeland Security Office in Privacy Suit


Judge Rules Against Homeland Security Office in Privacy Suit
By Leslie Miller Associated Press Writer
Published: Jan 2, 2003

http://ap.tbo.com/ap/breaking/MGAJ9C58HAD.html

WASHINGTON (AP) - The Office of Homeland Security lost the first round in a
legal fight to keep its activities secret as a federal judge ruled it will
have to answer questions about its power over other federal agencies.

U.S. District Court Judge Colleen Kollar-Kotelly ordered the office to prove
it has no authority other than helping and advising President Bush if it
wants to dismiss a lawsuit seeking access to its records.

The ruling last week favored the Washington-based Electronic Privacy
Information Center, which is trying to get Homeland Security records on
proposals for a national driver's license and for a "trusted flyer" program
that relies on biometric information to identify airline passengers.

Kollar-Kotelly said the center "may inquire into the nature of the authority
delegated to (the Office of Homeland Security) to determine whether or not
it possesses independent authority."

< - snip ->

"This is about opening a window into the activities of what has been, until
now, a very secretive entity," Sobel said.

Homeland Security tried to get the lawsuit dismissed, claiming it doesn't
have to release records because it's not an agency. The privacy group said
it didn't have enough information to prove otherwise and asked for
permission to find out how the office exercises its authority.

< - snip - >

http://ap.tbo.com/ap/breaking/MGAJ9C58HAD.html


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