<?xml version="1.0" encoding="UTF-8" ?><rss xmlns:itunes="http://www.itunes.com/dtds/podcast-1.0.dtd" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:taxo="http://purl.org/rss/1.0/modules/taxonomy/" xmlns:rdf="http://www.w3.org/1999/02/22-rdf-syntax-ns#" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:feedburner="http://rssnamespace.org/feedburner/ext/1.0" version="2.0"><channel><title>Sergio Hernandez</title><link>http://cerealcommas.kinja.com</link><description></description><language>en</language><item><title><![CDATA[Often it's poor training or understanding of the law, not necessarily anything nefarious. ]]></title><link>http://gawker.com/often-its-poor-training-or-understanding-of-the-law-no-489856810</link><description><![CDATA[<p class="first-text">Often it's poor training or understanding of the law, not necessarily anything nefarious. Smaller governments can—and do—drag their feet, but on the whole I find they're more cooperative. Probably because they have smaller backlogs and fewer resources to put up a real fight if it goes to court.</p>]]></description><pubDate>Sat, 4 May 2013 00:40:06 GMT</pubDate><guid isPermaLink="false">489856810</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Police department records are often hard to get ahold of, but that will vary widely from state to st]]></title><link>http://gawker.com/police-department-records-are-often-hard-to-get-ahold-o-489644183</link><description><![CDATA[<p class="first-text">Police department records are often hard to get ahold of, but that will vary widely from state to state. But FOI laws can be extremely useful for records on the municipal level, and data and other records from executive agencies on both the federal, state, and county levels (think departments of transportation, education, health, corrections, public safety/justice, energy, etc.) and regulatory agencies (SEC, FAA, FDA, NTSB, OSHA, FCC, FEC, etc.)</p>
<p>But yes, the sad fact is that there are whole swaths of government that are basically exempt from public scrutiny.</p>]]></description><pubDate>Fri, 3 May 2013 21:38:52 GMT</pubDate><guid isPermaLink="false">489644183</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Correct; and while FOIA does not codify access to judicial information, the Supreme Court has recogn]]></title><link>http://gawker.com/correct-and-while-foia-does-not-codify-access-to-judic-489625775</link><description><![CDATA[<p class="first-text">Correct; and while FOIA does not codify access to judicial information, the Supreme Court has recognized it a constitutional and common law right. Still, courts are permitted broad discretion in deciding what records and proceedings should be public or closed.</p>
<p>Another notable exemption to the federal FOIA is White House records.</p>]]></description><pubDate>Fri, 3 May 2013 21:22:49 GMT</pubDate><guid isPermaLink="false">489625775</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Actually, she served as President and CEO of the Newspaper Association of America in the early '90s.]]></title><link>http://gawker.com/actually-she-served-as-president-and-ceo-of-the-newspa-489590127</link><description><![CDATA[<p class="first-text">Actually, she served as President and CEO of the Newspaper Association of America in the early '90s. But yes, she has primarily always been on the publishing, not editorial, side of things.</p>]]></description><pubDate>Fri, 3 May 2013 20:42:18 GMT</pubDate><guid isPermaLink="false">489590127</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[It's certainly possible. ]]></title><link>http://gawker.com/its-certainly-possible-unfortunately-theres-no-way-to-489588212</link><description><![CDATA[<p class="first-text">It's certainly possible. Unfortunately, there's no way to know for sure.</p>]]></description><pubDate>Fri, 3 May 2013 20:40:33 GMT</pubDate><guid isPermaLink="false">489588212</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Didn't realize I wrote this story...]]></title><link>http://gawker.com/didnt-realize-i-wrote-this-story-489587579</link><description><![CDATA[<p class="first-text">Didn't realize I wrote this story...</p>]]></description><pubDate>Fri, 3 May 2013 20:40:00 GMT</pubDate><guid isPermaLink="false">489587579</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Actually, legislators often exempt themselves from public records requests. ]]></title><link>http://gawker.com/actually-legislators-often-exempt-themselves-from-publ-489585579</link><description><![CDATA[<p class="first-text">Actually, legislators often exempt themselves from public records requests. Congress, for instance, is not a covered entity under the federal Freedom of Information Act.</p>]]></description><pubDate>Fri, 3 May 2013 20:38:15 GMT</pubDate><guid isPermaLink="false">489585579</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[I actually wrote a feature on the NYPD's issues with FOIL compliance back in 2010 for the Voice: htt]]></title><link>http://gawker.com/i-actually-wrote-a-feature-on-the-nypds-issues-with-foi-489517476</link><description><![CDATA[<p class="first-text">I actually wrote a feature on the NYPD's issues with FOIL compliance back in 2010 for the Voice: <a href="http://blogs.villagevoice.com/runninscared/2011/01/foild_again_why.php" target="_blank">http://blogs.villagevoice.com/runninscared/2...</a></p>
<p>There are mechanisms in place, but they are time-consuming and expensive, and few news organizations really have the will to pursue these cases frequently. Legislators could certainly act to put more teeth into these laws, but the political will just doesn't seem to be there, sadly.</p>
<p>It probably doesn't help that even the U.S. Supreme Court &quot;continues to look at public records as commodities, like lumber or turnips,&quot; per their decision—this past Monday, no less—in McBurney v. Young:</p>
<p><a href="http://www.ire.org/blog/transparency-watch/2013/04/30/analysis-supreme-court-ruling-regressive-one-acces/" target="_blank">http://www.ire.org/blog/transpare...</a></p>]]></description><pubDate>Fri, 3 May 2013 19:36:15 GMT</pubDate><guid isPermaLink="false">489517476</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Yeah, there's really no way to know for sure, unfortunately. ]]></title><link>http://gawker.com/yeah-theres-really-no-way-to-know-for-sure-unfortunat-489481510</link><description><![CDATA[<p class="first-text">Yeah, there's really no way to know for sure, unfortunately. And there have been cases in the past (not necessarily NYC, but certainly elsewhere), where government agencies falsely claim a record doesn't exist.</p>]]></description><pubDate>Fri, 3 May 2013 18:51:12 GMT</pubDate><guid isPermaLink="false">489481510</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[You're probably onto something here. ]]></title><link>http://gawker.com/youre-probably-onto-something-here-my-request-only-cov-489478992</link><description><![CDATA[<p class="first-text">You're probably onto something here. My request only covered emails between Cathie Black and the mayor's office, but surely there are some more substantive communications regarding, say, education policy, to be found if someone FOIL'd communications between Cathie Black and the Education Department.</p>]]></description><pubDate>Fri, 3 May 2013 18:48:22 GMT</pubDate><guid isPermaLink="false">489478992</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[John Cook also deserves credit for putting me in touch with the Yale folks in the first place.]]></title><link>http://gawker.com/john-cook-also-deserves-credit-for-putting-me-in-touch-489139293</link><description><![CDATA[<p class="first-text">John Cook also deserves credit for putting me in touch with the Yale folks in the first place.</p>
<p>And shout-out to Elizabeth Wolstein and Raffi Melkonian, of Schlam Stone &amp; Dolan, the lawyers who supervised the original lawsuit and litigated the appeals.</p>]]></description><pubDate>Fri, 3 May 2013 15:34:30 GMT</pubDate><guid isPermaLink="false">489139293</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Which state are you in?]]></title><link>http://gawker.com/which-state-are-you-in-477027579</link><description><![CDATA[<p class="first-text">Which state are you in?</p>]]></description><pubDate>Wed, 27 Feb 2013 23:23:13 GMT</pubDate><guid isPermaLink="false">477027579</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[The "Freedom of Information Act" is a statute that only applies to federal agencies; marriage, divor]]></title><link>http://gawker.com/the-freedom-of-information-act-is-a-statute-that-only-477027572</link><description><![CDATA[<p class="first-text">The &quot;Freedom of Information Act&quot; is a statute that only applies to federal agencies; marriage, divorce, DMV, and gun permits are maintained at the state level. Each state has its own &quot;version&quot; of FOIA—some are modeled after the federal law, some aren't, and they don't all share the name or acronym. In some states, they allow public access to marriage and divorce records, although this is the exception, not the rule. Almost universally, they exempt records that are specifically deemed confidential by other laws (like the federal DPPA). Which means that a license plate off someone's car is virtually useless unless you find someone who has access to it under DPPA (e.g., a cop, a private investigator, an insurance company).</p>]]></description><pubDate>Wed, 27 Feb 2013 23:00:18 GMT</pubDate><guid isPermaLink="false">477027572</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[It's a "slippery slope" dilemma—if it's only public to certain groups, or for certain purposes, then]]></title><link>http://gawker.com/its-a-slippery-slope-dilemma-if-its-only-public-to-ce-477027505</link><description><![CDATA[<p class="first-text">It's a &quot;slippery slope&quot; dilemma—if it's only public to certain groups, or for certain purposes, then is it really &quot;public?&quot; And what are the implications for an independent or free press if access to &quot;public&quot; information becomes tied to the question of, &quot;Well, what will it be used for?&quot;</p>
<p>Many of these companies also collect this data and resell it to clients, so it's certainly already &quot;out there&quot; for anyone who wants (or can afford) to obtain it. The other big concern is that a swift legislative backlash can have long-lasting consequences that may not be fully considered. New York, for instance, passed its law in a matter of days. Maine did it on an &quot;emergency basis.&quot; One source expressed concern that these states were not taking the time to have a true dialogue on this issue, and once legislation is passed and enacted, it can be extremely difficult to repeal or amend.</p>
<p>I'm curious about what your thoughts were on the Reporters Committee for Freedom of the Press attorney's statements:</p>
<p><em>Aaron Mackey, an attorney with the Reporters Committee for Freedom of the Press, said the group estimates almost a dozen states that have introduced or passed some legislation to restrict access since the Journal News published its gun permit data.</em></p><em>
</em><p><em>He says the backlash is &quot;confusing&quot; two separate issues.</em></p><em>
</em><p><em>&quot;The first is the right to access information,&quot; Mackey said. &quot;The second is editorial propriety—whether it's proper to publish information in the way the Journal News did and whether that's responsible. Perhaps we should have a conversation about whether it's responsible, but that's a different question.&quot;</em></p>]]></description><pubDate>Wed, 27 Feb 2013 21:13:17 GMT</pubDate><guid isPermaLink="false">477027505</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[What you described is exactly how the process currently now. ]]></title><link>http://gawker.com/what-you-described-is-exactly-how-the-process-currently-477027496</link><description><![CDATA[<p class="first-text">What you described is exactly how the process currently now. The lawyer for someone who feels they were unjustly denied a permit has no special privilege to the law enforcement agency's list. They can't &quot;subpoena&quot; that, they have to request it as a public record.</p>
<p>Well, fine, so then maybe lawyers and certain groups should have special exemptions carved out for them. But why, for example, lawyers and not journalists? What makes journalists, in particular, a suspect group?</p>
<p>And, for the sake of argument, what if someone who applied for a gun permit felt they were unjustly denied but couldn't afford to hire a lawyer to investigate or bring a lawsuit? They wouldn't be able to seek help from the media, because in your paradigm, journalists would not have access to the information.</p>]]></description><pubDate>Wed, 27 Feb 2013 21:05:28 GMT</pubDate><guid isPermaLink="false">477027496</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[The NRA quote is in the article.]]></title><link>http://gawker.com/the-nra-quote-is-in-the-article-and-you-may-indeed-h-477027468</link><description><![CDATA[<p class="first-text">The NRA quote is in the article.</p>
<p>And you may, indeed, have a point non-gun owners should be concerned, but I haven't seen that position put forth by the NRA or any other gun groups so far. Nor have I seen any empirical evidence cited to support that knowing who has firearms correlates to more crime against gun owners or non-gun owners.</p>]]></description><pubDate>Wed, 27 Feb 2013 20:54:23 GMT</pubDate><guid isPermaLink="false">477027468</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[You said, "If you are running checks on law enforcement you have prob already started a law suit and]]></title><link>http://gawker.com/you-said-if-you-are-running-checks-on-law-enforcement-477027459</link><description><![CDATA[<p class="first-text">You said, &quot;If you are running checks on law enforcement you have prob already started a law suit and in that case the info would be subpenaed from them.&quot; I assume this is a reference to the argument that public access to gun permit records allows the public to make sure law enforcement is properly issuing gun permits. But who would be running the &quot;checks,&quot; if only law enforcement has access to the information?</p>
<p>Regarding the quote, It's at the end of the article:</p>
<p><em>&quot;Aaron Mackey, an attorney with the Reporters Committee for Freedom of the Press, said the group estimates almost a dozen states that have introduced or passed some legislation to restrict access since the Journal News published its gun permit data.</em></p><em>
</em><p><em>He says the backlash is &quot;confusing&quot; two separate issues.</em></p><em>
</em><p><em>&quot;The first is the right to access information,&quot; Mackey said. &quot;The second is editorial propriety—whether it's proper to publish information in the way the Journal News did and whether that's responsible. Perhaps we should have a conversation about whether it's responsible, but that's a different question.&quot;</em></p>]]></description><pubDate>Wed, 27 Feb 2013 20:51:21 GMT</pubDate><guid isPermaLink="false">477027459</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[The Bangor Daily News claimed it sought the data as part of a two-year investigation of domestic vio]]></title><link>http://gawker.com/the-bangor-daily-news-claimed-it-sought-the-data-as-par-477027450</link><description><![CDATA[<p class="first-text">The Bangor Daily News claimed it sought the data as part of a two-year investigation of domestic violence and drug abuse.</p>
<p>Transparency advocates say publicly accessible gun permit records allow the public to identify and correct patterns of discrimination in gun licensing by law enforcement.</p>
<p>Several of the news reporters who requested this information appeared to be looking into whether and how specific criminals in their communities had obtained firearms.</p>
<p>One source told me this kind of information can be useful for parents, whose kids could be spending time with friends whose parents keep a gun in the house.</p>
<p>The Journal News' &quot;data dump&quot; approach hasn't been without controversy, even among fellow journalists, but it seems to mainly be an outlier in how this information, when public, is actually put to use.</p>]]></description><pubDate>Wed, 27 Feb 2013 20:48:06 GMT</pubDate><guid isPermaLink="false">477027450</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[How did I "pick on Virginia"? ]]></title><link>http://gawker.com/how-did-i-pick-on-virginia-of-the-states-that-replie-477027416</link><description><![CDATA[<p class="first-text">How did I &quot;pick on Virginia&quot;? Of the states that replied before my deadline, it provided the longest list of requesters.</p>
<p>I contacted the NRA, the VCDL, and the vast majority of the other groups on this list. If they had replied or answered my questions, they would have been in the story.</p>]]></description><pubDate>Wed, 27 Feb 2013 20:38:53 GMT</pubDate><guid isPermaLink="false">477027416</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Do you think public access to this information serves any legitimate purpose?]]></title><link>http://gawker.com/do-you-think-public-access-to-this-information-serves-a-477027408</link><description><![CDATA[<p class="first-text">Do you think public access to this information serves any legitimate purpose?</p>
<p>I found, for instance, several requesters who appeared to be doing academic research (presumably on gun ownership and criminal justice trends); requests from reporters who appeared to be looking for information on whether and how criminals in their communities obtained firearm permits; and there's the widely floated argument that, in places where there are allegations of favoritism or discrimination in the permit issuing process, making this information public ensures that every gun permit applicant is considered fairly. What's your take on arguments like those? How would those goals be feasible if this was all confidential?</p>]]></description><pubDate>Wed, 27 Feb 2013 20:35:01 GMT</pubDate><guid isPermaLink="false">477027408</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[That's incorrect. ]]></title><link>http://gawker.com/thats-incorrect-the-gun-owner-position-at-least-fro-477027366</link><description><![CDATA[<p class="first-text">That's incorrect. The &quot;gun owner&quot; position, at least from the NRA, has been that publicly disclosing the names of gun permit owners places them at &quot;risk to criminals who may target their home to steal firearms.&quot; That's a direct quote from the NRA's press releases.</p>]]></description><pubDate>Wed, 27 Feb 2013 20:22:52 GMT</pubDate><guid isPermaLink="false">477027366</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Private lawyers don't have subpoena power. ]]></title><link>http://gawker.com/private-lawyers-dont-have-subpoena-power-they-can-requ-477027359</link><description><![CDATA[<p class="first-text">Private lawyers don't have subpoena power. They can request information politely—and many do, under public record laws—but they're not entitled to this information any more than the general public is.</p>
<p>Why do you think private attorneys should have greater privileges than, for example, reporters? And what do you make of the RCFP attorney's quote—that the propriety of publishing a list of names is fundamentally a different question than whether the information should be available to the public?</p>]]></description><pubDate>Wed, 27 Feb 2013 20:19:58 GMT</pubDate><guid isPermaLink="false">477027359</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Driver's licenses are not public records. ]]></title><link>http://gawker.com/drivers-licenses-are-not-public-records-in-1994-congr-477027348</link><description><![CDATA[<p class="first-text">Driver's licenses are not public records. In 1994, Congress passed the Driver's Privacy Protection Act which made it a federal crime to distribute DMV records to the public, with certain exceptions.</p>
<p>The law came about after an actress named Rebecca Shaeffer was murdered in 1989. Her stalker had hired a private investigator, who obtained Shaeffer's address from DMV records. Congress carved out exemptions in DPPA for several groups—including insurance companies, direct marketers, and, ironically, even private investigators—but not journos.</p>
<p>And FYI, marriage licenses are rarely public records.</p>]]></description><pubDate>Wed, 27 Feb 2013 20:16:06 GMT</pubDate><guid isPermaLink="false">477027348</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Some of the people I spoke with actually put forth some interesting arguments about why they feel th]]></title><link>http://gawker.com/some-of-the-people-i-spoke-with-actually-put-forth-some-477027318</link><description><![CDATA[<p class="first-text">Some of the people I spoke with actually put forth some interesting arguments about why they feel this information should be public.</p>
<p>For instance, some parents might not feel comfortable with their kids being around guns, so having this information would let them know if their kids' friends' parents have firearms in the household.</p>
<p>One private investigator who also serves legal paperwork for attorneys told me he used to rely on this data so his employees would know when to exercise caution if they had to approach someone that might be carrying a concealed weapon.</p>
<p>And there's the argument I mentioned in the piece, that claims making this information public serves as a check on law enforcement to make sure they're issuing permits fairly.</p>]]></description><pubDate>Wed, 27 Feb 2013 20:08:57 GMT</pubDate><guid isPermaLink="false">477027318</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item><item><title><![CDATA[Hence, "which seems like a strange argument coming from the people who—dubiously—say owning a gun ma]]></title><link>http://gawker.com/hence-which-seems-like-a-strange-argument-coming-from-477027289</link><description><![CDATA[<p class="first-text">Hence, &quot;which seems like a strange argument coming from the people who—dubiously—say owning a gun makes you safer from criminals, but whatever.&quot; :)</p>]]></description><pubDate>Wed, 27 Feb 2013 20:00:36 GMT</pubDate><guid isPermaLink="false">477027289</guid><dc:creator><![CDATA[Sergio Hernandez]]></dc:creator></item></channel></rss>