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Satellite Pics Going Dark?

isdale writes "Defense Tech reports the U.S. Gov't. is proposing to exempt satellite images from the Freedom of Information Act (FOIA). The proposed exemption has already passed the Senate and awaits House/Senate conference committee this month. Not only does the exemption apply to Gov't. satellite images, but also any commercial satellite images the gov't buys and 'any... other product that is derived from such data.' That would include maps, reports, news footage, etc. This would heavily impact news gathering and probably the income of commercial satellite operators - who would only be able to sell to the U.S. Govt. And how big is the deficit already?" peter303 writes with a more optimistic story in USA Today " about building and launching a satellite for as little as $65K," as long as you can squeeze it into a 4 inch-cube.

12 of 369 comments (clear)

  1. So just dont sell to the govt? by doormat · · Score: 4, Informative

    It only seems to apply to images the government buys. Its like they legislating exclusivity agreements, as well as revoking FOIA on this data. If a company puts up a satellite that takes pictures and they dont sell the images to the govt, how would it affect them? I dont think it would.

    --
    The Doormat

    If you're not outraged, then you're not paying attention.
  2. Re:Does this include terraserver, and more... by mgs1000 · · Score: 4, Informative

    Terraservier doesn't have satellite images, it has aerial photographs.

  3. I think someone is overreacting by Gorm+the+DBA · · Score: 5, Informative
    Uhh...I *think* someone is overreacting...

    From the site: The committee recommends a provision that would exempt from disclosure under the Freedom of Information Act (FOIA), (section 552 of title 5, United States Code), data that are collected by land remote sensing and are prohibited from sale to customers other than the United States and its affiliated users under the Land Remote Sensing Policy Act of 1992, (section 5601 et seq. of title 15, United States Code).. The exemption would also include any imagery and other product that is derived from such data. State and local laws mandating disclosure by a State or local government would be preempted. (Bold emphasis mine)

    So this would appear to mean that only some subset of stuff, which is prohibited from sale currently, would be removed from FOIA.

    What, exactly, this is I do not know, but it wouldn't surprise me if this means "When the military buys a commercial satellite pass over a suspected terrorist camp and forbids the satellite company from reselling the image (which seems reasonable, otherwise there would be a huge market in 'see what the DoD is taking pictures of' industry), no one can file a FOIA request to access that image".

  4. Story Misleading by rherbert · · Score: 5, Informative

    I think that the story is misleading. Exempting satellite imagery from the FOIA does NOT mean that commercial companies couldn't sell the imagery to news agencies - you just wouldn't be able to make the government sort through and cough up all the unclassified satellite images that it has bought. I'm guessing that defensetech.org is one of those sites that makes wild paranoid predictions about the military.

  5. No, no, no! by M.+Piedlourd · · Score: 5, Informative
    This bill only applies to satellite images purchased by the government from outside vendors with an exclusivity agreement. From the Armed Services Committee report:

    The United States often enters into exclusive licensing agreements with commercial satellite operators that prohibit these companies from selling certain unclassified data and imagery, except to the United States and to approved customers. Compelled release of such data and imagery by the United States under FOIA defeats the purpose of these licensing agreements, removes any profit motive, and may damage the national security by mandating disclosure to the general public upon request.

    This is a very specific class of satellite photo. Commercial photos sold to private users are still legal; so are government photos obtained via non-exclusive contracts. The submitter and article have the facts all wrong!

  6. Re:Unreal by SirWhoopass · · Score: 5, Informative
    Maybe you should try and read the article and the proposed law before jumping to conclusions.

    This would only prohibit the release of data that is already prohibited from sale to customers other than the US Government.

    As it currently stands, commerical imagery operators are prohibited from selling certain data to anyone but the government. Third parties cannot buy this data. However, there is nothing to prohibit someone from filing a Freedom of Information request once the government buys it. This would close that loophole.

  7. Re:Unreal by cynic10508 · · Score: 3, Informative

    Good to know that they would want to take away technology access that allowed people to evacuate before the hurricanes in Florida. Un-fucking-real.

    First line of the story: "You might be able to see the hurricanes heading for Florida. Maybe. But just about all other commercial satellite imagery could be put off-limits, if a new Senate bill goes through as planned."

  8. Re:Say goodbye to Xplanet? by legirons · · Score: 3, Informative
    "Software like Xplanet be affected too? I hope not."

    XPlanet takes its data from university of Dundee, which uses MeteoSat. From meteosat's page, they say:
    EUMETSAT is an intergovernmental organisation created through an international convention agreed by 18 European Member States: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, and the United Kingdom. These States fund the EUMETSAT programmes and are the principal users of the systems. EUMETSAT also has nine Cooperating States: Slovak Republic, Hungary, Poland, Croatia, Republic of Serbia and Montenegro, Slovenia, Romania, the Czech Republic and Latvia.


  9. Crazy interpretation in that story... by georgewilliamherbert · · Score: 4, Informative
    The legislation doesn't make it illegal to redistribute any commercial satellite imagery. It just makes it illegal to redistribute imagery that the US government purchased exclusive rights to but has not classified.

    They're purchasing exlusive rights over certain image areas to avoid having to classify the data output from all the commercial satellite operators.

    Maybe you could argue that they should just go classify it anyways, but the result will be the same. The Government reserves the right to tell commercial image satellite operators where they can't take pictures, or can't sell the images they do take. This is not news. The mechanism by which that is enforced is just adjusting a bit.

  10. Re:Way to go Bush Administration by Anonymous Coward · · Score: 3, Informative

    Well sir, you got rated a troll for speaking what is quite possibly the truth. A huge number of people are in a collective state of denial and cannot even stand numbers for fear of for fear of disturbing their collective psychosis.

  11. Re:Unreal by jfengel · · Score: 3, Informative

    People file FOIA requests all the time, successfully. Just the most recent example off the top of my head was more Bush guard unit records, and there are many many more.

    I believe the present government is too secretive, and I can't swear the Secret Service has never shown up at somebody's door to politely suggest cancelling a request, but the act is used all the time.

  12. You're missing the point by pixelphsr · · Score: 4, Informative
    You all seem to be missing the real impact of this law. As things stand right now, the government can tell commercial satellite imagery vendors that it wants to buy exclusive rights to any new images over specific areas for defined periods of time. The gov't isn't simply protecting the data that it has purchased, it is saying that the vendors cannot sell imagery for these areas to anyone but the government.

    That means that the gov't can create a blank spot on the map for regions where they have "special interests". These interests could be anything from military bases (think, Guantanimo) to war zones (insert obvious choices here) to public utilities (nuclear power plants) to national parks (oil drilling in ANWAR or logging in Yellowstone).

    Also, I do not believe that the satellite owners will have the choice of not selling exclusive rights to the gov't. I think that the licenses that allow these companies to operate require them to grant this type of exclusive license to any data that the gov't wants. (I could be wrong on this, but I remember reading it somewhere.)