W.H. collects Web users' data without notice
http://www.washingtontimes.com/news/2009/sep/16/obama-wh-collects-web-us
ers-data/

The White House is collecting and storing comments and videos placed on
its social-networking sites such as Facebook, Twitter and YouTube
without notifying or asking the consent of the site users, a failure
that appears to run counter to President Obama's promise of a
transparent government and his pledge to protect privacy on the
Internet.

Marc Rotenberg, president of the Electronic Privacy Information Center,
said the White House signaled that it would insist on open dealings with
Internet users and, in fact, should feel obliged to disclose that it is
collecting such information.

"The White House has not been adequately transparent, particularly on
how it makes use of new social media techniques, such as this example,"
he said.

Defenders of the White House actions said the Presidential Records Act
requires that the administration gather the information and that it was
justified in taking the additional step of asking a private contractor
to "crawl and archive" all such material. Nicholas Shapiro, a White
House spokesman, declined to say when the practice began or how much the
new contract would cost.

Susan Cooper, a spokeswoman for National Archives and Records
Administration, said the presidential records law applies to "social
media" and to public comments "received by the president or immediate
staff."

Mr. Obama signed a memo in January stating that his efforts to maintain
an open government would be "unprecedented" and "ensure the public trust
and establish a system of transparency, public participation and
collaboration."

An Obama campaign document on technology pledged that, as president, Mr.
Obama "will strengthen privacy protections for the digital age and will
harness the power of technology to hold government and business
accountable for violations of personal privacy."

In a June 5, 2008, article in PC Magazine, Mr. Obama said, "The open
information platforms of the 21st century can also tempt institutions to
violate the privacy of citizens. We need sensible safeguards that
protect privacy in this dynamic new world."

The National Legal and Policy Center, a government ethics watchdog, said
archiving the sites would have a "chilling effect" on Web site users who
might wish to leave comments critical of the administration.

Ken Boehm, a lawyer and chairman of the center, also disputed that the
presidential records law applies, because the comments are pasted onto a
third-party Web page and not official correspondence with the president.

"If the White House has nothing to hide, why is this cloaked in secrecy?
Why won't they make the dollar amount this is going to cost public?" Mr.
Boehm asked. "I don't think there is an expectation that this is being
captured by the government and saved."

But Patrice McDermott, director of OpenTheGovernment.org, called the
proposal "a positive development because it demonstrates a commitment
from the Obama administration to meet its obligations under the
Presidential Records Act."

"Additionally, I am encouraged to see the administration recognizing
that it must find a way to handle the ever-expanding amount of data
generated electronically. I hope the rest of the executive branch will
learn from the president's leadership on this issue," Ms. McDermott
said.

Shahid Buttar, executive director of the Bill of Rights Defense
Committee, called for congressional oversight of the practice of
collecting data.

"Given the administration's disappointing secrecy in other contexts, the
Bill of Rights Defense Committee encourages Congress to conduct
oversight to ensure compliance with the law, maximize transparency and
protect individual privacy," Mr. Buttar said.

According to the law, the term "presidential records" means documentary
materials "created or received by the president, his immediate staff or
a unit or individual of the Executive Office of the President whose
function is to advise and assist the president, in the course of
conducting activities which relate to or have an effect upon the
carrying out of the constitutional, statutory, or other official or
ceremonial duties of the President."

"It includes any documentary materials relating to the political
activities of the president or members of his staff, but only if such
activities relate to or have a direct effect upon the carrying out of
constitutional, statutory, or other official or ceremonial duties of the
President," the law says.

David Almacy, who served as President George W. Bush's Internet
director, said the Bush administration did not use the then-fledgling
social-networking sites in the same manner as the Obama White House,
except to upload presidential speeches onto iTunes. The White House,
however, did archive comments posted to its official Web site.

The proposal issued Aug. 21 calls for a contractor to "crawl and
archive" social-networking Web sites where the White House maintains an
official presence on seven networks: Facebook, Twitter, MySpace, Flickr,
YouTube, Vimeo and Slideshare.

The collection will include the comments, tags, graphics, audio and
video posted by users who don't work for the White House.

The White House has more than 333,000 fans on Facebook, and posts
updates several times a day that draw hundreds of thousands of comments,
both positive and negative. The White House has more than 1 million
followers on Twitter and more than 87,000 subscribers on YouTube, where
more than 400 videos of the president and White House briefings are
posted.
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