The Federal Communications Commission again & # 39 others, refused a New York Times Request for records that – Times believes that it & # 39; emitted light on Russian interference proceeding deletion of net neutrality.
the – Times made a request to Freedom & # 39; Information (FOIA) in & # 39; June 2017 for the server logs of the FCC and the FCC issued in & # 39; September & # 39; this year on the continued refusal of & # 39; the agency to release the records. The – of – court is still pending, but – Times had also appealed directly to the FCC to reverse & # 39; reversed its decision FOIA. The FCC rejected that appeal on & # 39; decision issued today.
the – Times & # 39; The FOIA request was for the server records related to system acceptance & # 39; public comments on the revocation of the rules of Network neutrality of the Chairman of the FCC. the – Times sought information in order to investigate the involvement of Russia in & # 39; fraudulent public comments. A similar request was made by Buzzfeed News, and the FCC dismissed the claims of the two news organizations in its order today.
Although – Times reduced its records to satisfy concerns about privacy and security of the FCC, the FCC says it still will not provide any requested data. If you do so, the agency asserts, requires more than finding & # 39; simple database and ask the FCC to "create records that do not exist."
The Democrat Jessica Rosenworcel was the only commissioner of the FCC not agree with the new decision against the FOIA request. "X & # 39; it is the Federal Communications Commission hiding?" Rosenworcel called dissidents in his statement. (Since the departure of & # 39; Mignon Clyburn, Commissioner Rosenworcel is the only Democrat).
Rosenworcel drew attention to the widespread fraud of net neutrality process, said that "as 9.5 million people had their identities stolen and used to make fake comments, which is a crime under both federal laws and state. "
"Something here is rind – and it's time that the FCC is clean", said Rosenworcel. "Unfortunately, this agency will not do it alone. So fall & # 39; seekers to investigate outside its walls."
Pai twisted himself back in & # 39; Rosenworcel f & # 39; his own statement, and complains that Rosenworcel did not support efforts & # 39; Pai to improve the transparency of the FCC during the Obama administration, when Democrats had the majority of the commission.
"What has changed between then and now? Literally nothing, except the affiliation of the FCC management policy (and much more transparency now than the agency has ever had then), wrote Pai." What is required in & # 39; this matter, as in others & # 39;, is a sober analysis of the facts and the law – not partisan playingmanship. Fortunately, the majority of the Commission to adopt that ethos in & # 39; this point. "
Pai accusing Rosenworcel to ignore previous court and the staff analysis of the FCC supporting the position of the majority of the FCC. He wrote that Rosenworcel overlooked to mention "the fact that half a million comments submitted by the Russian email addresses and comments submitted by eight million email addresses from email fields associated with & # 39; FakeMailGenerator.com supported its position on the matter! "
F & # 39; & # 39 another case, public records, district court judge & # 39; US FCC has decided to disclose addresses & # 39; email used to submit comments bulk proceeding & # 39; revocation of net neutrality.
The FCC cites the FOIA exemptions
Pai stated that the FCC decision today "rests on a clear judicial precedent and careful analysis of the facts to support the career staff determination that disclosure of & # 39; some logs of server is not appropriate under FOIA Exemptions 6 and 7 (E). "
Exemption 6 allows agencies to keep information "invade the personal privacy of & # 39; another individual". Exemption 7 (E) relates to techniques and procedures & # 39; law enforcement – FCC notice to powers & # 39; law enforcement and says that the server logs reveal sensitive information about how to defend the IT infrastructure against attacks.
the – Times previously agreed to reduce public records request to remove a request for comments, names and timestamps. The reduced request sought "only (1) of the originating IP addresses and timestamps, and (2) User Agent headers and timestamps," the Times said in its court complaint. This addressed the concerns of the privacy of the FCC because "the originating IP addresses are not linked to & # 39; a specific comment," the Times said.
the – Times also argued that disclosure of IP addresses and headings User Agent alone does not reveal any & # 39; security measure used by the FCC.
Rejection of the FCC today addresses the most Times & # 39; original request and wider & # 39 ;, and repeating the arguments of the FCC that the original request invade the privacy and commentators reveal sensitive information about the IT systems of the FCC.
The – FCC does not dispute – Times & # 39; argument that the reduced demand to meet the concerns about privacy and security commission. But the FCC still refuses to release the IP addresses, headings user agent, and timestamps, said produce is complicated.
"Although the agencies are required to do simple searches & # 39; database under the FOIA, FOIA does not require agencies to create new records to meet demands", said the FCC. "Processing of – as modified by request[[[[Times reporter Nicholas]Confessore go beyond question & # 39; simple database; requires the Commission to create records that do not already exist. "
Rosenworcel said the FCC should produce the records, saying the information you & # 39; help identify "where it was coming this fraud in our public record, assessed who could & # 39; organizzah and identify who could & # 39; paid to happen. " She continued:
[I]although providing news organizations with the information requested, f & # 39; this decision the FCC decides to divert the exemptions of the Act on Freedom of Information and hamper investigative journalism. In doing so, the agency asserts request & # 39; overbroad security of the system & # 39; its public comments it sounds more credible than its previous claim and reject that system was the subject of & # 39; attack & # 39; denial & # 39; service delivered. It seems that this agency is trying to prevent anyone from looking too closely with the mess made by net neutrality. It hides what he knows about the fraud in our record, and holds an honest account of his many problems from seeing the light of day.
Separately, FCC & # 39; Pai has failed to fulfill the request & # 39; Ars for records relating to the measurement of FCC broadband speeds at home. The FCC has not issued any new data from its speed tests in nearly two years, and I was trying to get information about the program's future.