-Caveat Lector- from - http://www.nytimes.com/2002/02/26/nyregion/26ALBA.html?ex=1015742444&ei=1&en =910698234e3168d9
February 26, 2002 State Pulls Data From Internet in Attempt to Thwart Terrorists By JAMES C. McKINLEY Jr. ALBANY, Feb. 25 - The Pataki administration has quietly ordered state agencies to restrict information available on the Internet and limit its release through New York's Freedom of Information Law to prevent terrorists from using the material, which includes maps of electrical grids and reservoirs as well as building floor plans. The new policy, laid out in a confidential memorandum to agency heads from the state's director of public security, James K. Kallstrom, is one of the most far-reaching and restrictive in the nation, according to research librarians and advocates for open government. Mr. Kallstrom, a former high-ranking official of the Federal Bureau of Investigation, said the order was aimed at preventing details about potential targets, like bridges and nuclear power plants, from falling into the hands of terrorist groups like Al Qaeda. "The intent, clearly, is to remove from the public Web sites that information that serves no other purpose than to equip potential terrorists," Mr. Kallstrom said. "This is not an attempt just to shield legitimate information from the public." Some state agencies had removed material in the immediate aftermath of the World Trade Center attack. But in the memorandum Mr. Kallstrom issued last month, he said the Pataki administration was concerned "that there is a disconcerting amount of potentially compromising information still publicly accessible." The agency commissioners were not only instructed to review again what might be accessible, but were also asked to classify as "sensitive" and make exempt "information related to systems, structures, individuals and services essential to the security, government or economy of the state." He directed agency heads to remove things like data about electrical power, gas and oil storage, transportation, banking and finance, water supply, emergency services and the continuity of government operations. The state's new policy guidelines to restrict information and tighten security are occurring in lock step with the national debate over how to balance the need for safety and the public's right to information. While acknowledging the need for protections against terrorism, Donna Lieberman, the executive director of the New York Civil Liberties Union, said the Pataki administration's new policy "raises serious concerns about the future of open government" and would allow, in the worst case, the government to become "a series of secret operations." Federal officials have removed information, like the operational status of nuclear plants and certain maps of the nation's infrastructure, that was once at the fingertips of anyone with a computer. The Environmental Protection Agency, for example, has blocked access to the toxic-release inventory, a listing of all factories and other sources that emit poisonous pollution, and has taken information about dangerous pesticides off its site, environmentalists say. Some other states have also taken action to limit the free flow of information. Florida, for instance, has stopped posting records of drivers' licenses on the state Web sites. In New York, the Public Service Commission stopped posting the locations of power plants, including nuclear reactors. The state's Energy Department erased a detailed map of power lines and substations from its site. Directions to stockpiles of water pumps and generators used by the state's Emergency Management Office during floods or other disasters are gone from the Internet. So are the locations of wastewater treatment plants, floor maps of state buildings and some mapping databases used to analyze everything from demographics to infrastructure. A spokeswoman for Governor Pataki said the administration was still writing more concrete guidelines on what information would be classified and no longer available. "It's a work in progress," said Mollie Fullington, the spokeswoman. "We are putting together a team to review these very issues." Some advocates of open government contended that New York's new rules were too broad and could cover information - like the locations of chemical factories that emit toxic pollution - that fuels debates at the core of modern democracy. "No one would argue that the Pataki administration has been transparent," said Blair Horner, the chief lobbyist for the New York Public Interest Research Group. "I think there is a real danger that this directive could be used to further block from public view information the public should have access to. The decision on what should be on the Internet or not on the Internet should be a public discussion, not a private edict." Robert J. Freeman, the executive director of the State Committee on Open Government, said the Freedom of Information Law in New York State allows officials to censor some information if releasing it would endanger people's lives or compromise criminal investigations. The administration's new directive to block the release of what it deems sensitive information to people who file requests under the law could easily be justified under those rules, he said. "All they are saying is be careful, be wise," Mr. Freeman said. "All the memo says is comply with the law." Ms. Fullington, the governor's spokeswoman, said such requests would be determined in the future on a "case-by-case basis." Mr. Kallstrom's directive also ordered agency heads to review requests made under the state's Freedom of Information Law over the last year to determine if anyone had requested information that might be useful to terrorists. The purpose, he said, was to find leads for investigators trying to thwart terrorist plots. "We are concerned that terrorism - a very serious issue - doesn't get used to take away information from the public," said Rachel Leon, a lobbyist for Common Cause. "You have to have a balance between security and the public's right to information. We have to make sure the government doesn't overstep." Mr. Kallstrom says his directives are not intended to keep the public in the dark on policy matters. He said the diameter and location of a suspension bridge's cables and fasteners, for instance, should not be made public. Neither should details be available about the fencing and gates around nuclear plants or the access roads leading to water reservoirs. One example of the new policy is that fuel delivery schedules and the locations of fuel storage tanks used by state agencies are no longer posted on the Web, aides to Mr. Pataki said. Nor are many details about the state's National Guard posts and units available. The memorandum also directs agencies to set up security systems using passwords and other devices to protect the information they deem sensitive. Mr. Kallstrom has also led an effort to improve defenses against computer hackers, offering agencies help in constructing stronger fire walls against intruders. As a practical matter, winnowing the information available on the Internet will force more people to request documents under the Freedom of Information Law, state officials said. Since the law requires a written request, a paper trail would be created for any release of information, making it easier for law enforcement officials to find out who had sought the documents. New York's open-records law does not require public information to be posted on the Internet, though some bills have been circulating in the State Legislature that would do just that. Other laws require that campaign contributions, payments to lobbyists and information about doctors be published on the Internet. Experts on Internet security say the state's crackdown on information may not be immediately effective. Once something has been published on the Web, it is hard to control who copies it or where those copies end up. Some search engines save information from old Web sites, for instance, so a terrorist might still be able to find a map of New York's power grid. "It's a bit of a horse out of the barn," Mr. Kallstrom acknowledged. "But you have to start somewhere. We don't want to unnecessarily and stupidly aid people who want to kill us." <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. 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