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Town Fights FOI Request for GIS Data and Images

dweyerma writes "The state's highest court will now decide a landmark public records case involving access to aerial reconnaissance photographs and maps of Greenwich, CT. The town maintains the images in a tightly kept database known as a geographic information system, which a judge declared to be public records last December. The Connecticut Supreme Court announced Monday that it will hear the town's appeal of that ruling, expediting the case by leap-frogging the state Appellate Court. The move virtually coincides with the third anniversary of the initial complaint in the case, which Greenwich resident and computer consultant Stephen Whitaker filed with the state Freedom Information Commission after the town denied his request for an electronic copy of the entire database for security and privacy reasons."

34 of 243 comments (clear)

  1. I'm waiting for the 'Think about the Children' by vertical_98 · · Score: 5, Insightful

    The government is a body of individuals most notably ungoverned - Shepard Book

    We used to to be the most loved country in the world, now we are the one that catches the most shit. I think the government should stop spoon-feeding us what they think we should know and let us have what we think we should know.

    There are always somethings that can not be revealed: Witness Protection, Undercover Officers, etc. But the maps are already available they are just not together in a nice electronic format. Maybe its time for the government of, for, and by the people to become that again.

    Vertical

    --
    72 CD D7 52 D0 7E D8 47 44 91 D5 84 D1 59 F1 A9-This is my 128bit integer. There are many like it, but this one is mine.
    1. Re:I'm waiting for the 'Think about the Children' by Anonymous Coward · · Score: 4, Insightful

      There are always somethings that can not be revealed: Witness Protection, Undercover Officers, etc. Well the Bush administration seems to have no problem with revealing the identities of CIA NOC undercover officers. Especially ones who work WMD proliferation.

    2. Re:I'm waiting for the 'Think about the Children' by Trailwalker · · Score: 2, Insightful

      June 6, 1944

      Even the French liked us that day.

    3. Re:I'm waiting for the 'Think about the Children' by at_18 · · Score: 3, Insightful

      From 12 september 2001 until bush started talking about invading Iraq.

    4. Re:I'm waiting for the 'Think about the Children' by Anonymous Coward · · Score: 2, Insightful

      How about the tell us what they thing we should know IN ADDITION to what we think we should know? That way they might tell us something we would like to know but wouldn't have thought of asking for?

    5. Re:I'm waiting for the 'Think about the Children' by intnsred · · Score: 3, Insightful

      But the Russians weren't so happy with us that day.

      The Russians were still pissed that while they were fighting over 200 German divisions on the Russian front, the US and UK were fighting as few as 4 German divisions in Italy, in what the Russians considered a broken promise to open a second front as soon as possible.

    6. Re:I'm waiting for the 'Think about the Children' by RWerp · · Score: 2, Insightful

      Even a bit earlier: until Bush started pushing around everyone who wanted to help him in Afghanistan.

      --
      "Long run is a misleading guide to current affairs. In the long run we are all dead." (John Maynard Keynes)
    7. Re:I'm waiting for the 'Think about the Children' by caldfyr · · Score: 2, Insightful

      "i think the government... spoon-feeding..." It isn't up to the public to decide what they need to know. Regardless of the claims that our congress is running blind with no real info from Bush(not likely), your elected officials are the only ones that need to know everything behind every decision.
      If you want to second-guess your congressman or senator's decisions, then ask them for the reasons behind what they do. Making enough noise will scare any politician into at least a half-assed reply.
      If you disagree to a sufficient degree, then don't reelect them.
      However, I do not believe that the typical local government has the needed wisdom to deny FOI requests. Hopefully the state supreme court decision can put a stop to ignorant fear driven decisions made because of the sensationalist FUD being spewed daily.

    8. Re:I'm waiting for the 'Think about the Children' by abirdman · · Score: 5, Insightful
      It isn't up to the public to decide what they need to know

      This is patently wrong, and a paranoid knee-jerk reaction to anti-terrorist FUD spread by well-meaning but clueless (and now campaigning) government functionaries. Public information is just that--public. And unless it is demonstrated before a judge that the information should be kept out of the hands of the public, then it belongs to the people. Hence the phrase, "government of the people, by the people, and for the people."

      An uninformed electorate is a misled electorate. Government rules by the consent of the governed. And a gated-community, private club, members-only government is a government that has removed itself from the very public who has consented to place them in power.

      One other point, which I think is relevant here, is that Greenwich, CT is one of the richest communities in the country. I think the reason they don't want aerial maps of the town made public is then we'd all know where and how they live. The anti-terrorist security angle is all just smoke and mirrors to hide the fact that America's richest elite class doesn't want to be noticed. Hiding behind the "national security" curtain is just plain cynical.

      And what's worse is the poor computer consultant who wants the maps (and has got all the liberal lawyers up in arms and fighting for him) probably just wants them so he can sell good information to companies that do lawn care, swimming pools, and aluminum siding for castle estates.

      --
      Everything I've ever learned the hard way was based on a statistically invalid sample.
    9. Re:I'm waiting for the 'Think about the Children' by Maudib · · Score: 4, Insightful

      The whole point of the second world war was to remove possible competition from Anglo-Saxon hegemony over the British Empire.

      This theory nicely fits into marxist dogma, but really doesnt hold water. You could argue that the Germans started WWII in order to replace British-U.S. hegemony with their own, but to say that the Allies fought the war to remove competition is utterly absurd. Germany wasnt attacking British or French colonies, they were attacking Britain and France, trying to conquer them. The point of the war from the Allies perspective was purely self defense. The only other alternative was submission.

      That it was purely a matter of self defense is further vindicated by France and Englands repeated efferts at appeasement in order to avoid wat.

      No, waiting until 1942 to attack was certainly construed as diabolique by the paranoid Russians, however it took that long to build up the necesary resources. In 1940 the U.S. military was about half a million strong, how the hell is that supposed to turn into a second front overnight? That it only took two years is a testament to how quickly the Americans moved and how much they were trying to honor their committments to the russians.

    10. Re:I'm waiting for the 'Think about the Children' by Jesus_666 · · Score: 2, Insightful

      Half Afghanistan, half Iraq. After Sep. 11, 2001, the USA were our (the Germans') best friends ever and we'd do anything to help them.
      Then good ol' George decided to go to Afghanistan and shoot some people and the USA were a bit too enthusiastic about taking their revenge, but what the heck. It was still tolerable, kind of.
      Then George and his buddy Tony decided that Iraq was not only hiding WMDs but also helping al Qaeda, all contrary evidence be damned. And everyone had to help them invade Iraq. And everyone who didn't think that Iraq should be attacked is evil. Right.

      And now suddenly everyone is surprised why no one likes the USA anymore...

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    11. Re:I'm waiting for the 'Think about the Children' by caldfyr · · Score: 2, Insightful

      Insightful? If you haven't lived longer than the last 30 or so years, you at least know some history a little better than that. The same president that signed the FOIA into law was the president that was dragged kicking and screaming to the signing table. It isn't knee-jerk reaction, it is established mind-set. Maybe the mind-set needs to be changed, but that would involve not reelecting the same people until they die of old age.

      I might be patently wrong if you could give some support, but you seem uninformed.

      "public information is just that --public" Gee... how witty. What you don't consider is that any information in the public domain arrived there from somewhere else .Judges don't come into play unless a piece of information is contested. "Government of the people, by the people, for the people" is a nice quote, but too many fail to realize that it is through representation.

      An uninformed electorate is one that is not doing its job. If the senate and house don't know what the president is up to and vice versa, they have failed.

      The consent of the governed principle means that the government answers to the people. If your electorate can't adequately explain their actions, then replace them. THAT is what the principle means. Either you have a recall election or you simply vote for someone else at the next normal elections, but that is how the process works.

      "A gated-community, private club, members-only government is a government that has removed itself from the very public who has consented to place them in power"
      That is a gross exaggeration of the topic. RTFA. If you had read it, you would have noticed that the state agency sided with the programmer. The town administrators either, as you said, don't want anyone to know about their little paradise, or they are ignorant and falling for FUD, and have let it scare them into stupidity. We both know the judge will force the town to comply with the state office's decree. If we're lucky, he'll fine the town for going against a higher governing body.

  2. Re:FOIA Requests and the AG by Anonymous Coward · · Score: 2, Insightful

    "Despite all the examples of excess, government works most of the time for most people. Of course it makes mistakes, but it is a human run organization and is subject to fallibility."

    So basically, government doesn't need to comply with the law, and you don't care.

    American, are you?

  3. It should be available by reboot246 · · Score: 4, Insightful

    If the database was paid for with tax money, then it should be available to the taxpayers. Besides, as others have pointed out, the same information is already available in a form that would be useful to terrorists.

    I use USAPhotoMaps to access the terraserver. I have a database of aerial photos and topo maps of all the areas I work (nearly my whole state). The resolution of the photos is 1 meter per pixel and for the topo maps it's 4 meters per pixel. That info plus a program to show streets and roads makes my job much easier.

  4. Stop with the acronyms! by Quobobo · · Score: 3, Insightful

    I'm sure the headline makes sense to some people, but not many people are going to understand FOI or GIS. I can't be the only person who thought this was about Google image search data and images at first glance.

    It's just kind of ridiculous when a native English speaker can't make sense of the headline. Please, at least explain these things in the submission.

  5. Re:FOIA Requests and the AG by praksys · · Score: 2, Insightful

    Subtracting the spin put on this by alternet, what exactly is so bad about this memo? Ashcroft told federal officials that they should consider privacy rights when dealing with FOIA requests, and "even more disturbingly" that they should make sure their decisions have a sound legal basis.

    Shocking. Not.

  6. Re:FOIA Requests and the AG by anthony_dipierro · · Score: 2, Insightful

    I wonder if this has anything to do with the Attorney General Ashcroft's October 12, 2001 memo instructing federal agencies to stall on FOIA requests.

    Considering that it is the Connecticut government fighting the request and not the US government, probably not.

  7. What does he want to do with this data? by arb · · Score: 4, Insightful

    From my reading of the article, he wants to use them for commercial reasons. He has asked for an entire copy of the GIS data and aerial photographical maps. That's a lot of data which would be expensive for anyone to generate. Has he offered to purchase the information, or is he expecting to kick start his business with free information paid for by the city?

    Surely if he had a legitimate business idea, he would be willing to pay other data providers for the information he wants. There are several mapping, GIS and photographical companies that would no doubt love to supply him with the data he requires at a reasonable cost.

    If this was a software company trying to use GPL'd software to build up a closed source business, people here would be up in arms.

    1. Re:What does he want to do with this data? by samael · · Score: 3, Insightful

      The City _is_ the people. If the city has made something then it should be freely available to all of its citizens - they paid for it.

      And if people want to use GPL software to help run their close-source business, then that's great - so long as they release any changes along with the binary.

    2. Re:What does he want to do with this data? by AstroDrabb · · Score: 2, Insightful
      And if people want to use GPL software to help run their close-source business, then that's great - so long as they release any changes along with the binary.
      Any company can take any GPLed code and use it internally for their business processes. Then can tweak the code all they want and never give away one line of code as long as the code is used internally. However, if that company tries to distribute a binary outside of their company, then yes, they would have to release the source code. The company is an end user just like anyone else. I can take a GPLed app like GAIM and change it and never release those changes as long as I keep it internally and not try to distribute a binary.
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    3. Re:What does he want to do with this data? by base3 · · Score: 3, Insightful
      there's data of a tax/ownership nature that shouldn't be released electronically... if at all.

      I don't know about Greenwich, but in my jurisdiction, property tax and ownership data are public record (and are available for online lookup, as public records should be). What is your argument for non-disclosure of real estate ownership records? Whatever it is, I bet the public interest trumps it.

      The major point in the problem described in this thread, though, is that Greenwich knowingly created a public record, and now wants to refuse to disclose it. They sould like they're saying "Oh, we knew it was public record, but it was only public to people in the know. We wouldn't actually want the public to have unfettered access to the data."

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    4. Re:What does he want to do with this data? by budgenator · · Score: 3, Insightful

      This may change with restrictions and recommendations from the Feds bout reducing access to critical infrastructure data.
      A worrisome aspect of that is the fact that the info missing is often as revealing as the info present.

      If I were of neferious purpose, I'd be more conserned with the "black-areas" than the illuminated. In my area, there are places where an attack one an infrasturcter facility could stop the water going to millions of people or power going to an area the size of the last blackout.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    5. Re:What does he want to do with this data? by Have+Blue · · Score: 1, Insightful

      So now everyone in the city is compelled to invest in this guy's new venture?

  8. Re:Well, in Australia... by Anonymous Coward · · Score: 1, Insightful

    Yeah, got that. But what you don't say is if it's a realistic cost.

    It costs money to create, maintain, and distribute data. Are they charging an extra amount that's just going into general gov revenue or something?

  9. Similiar to getting court documents by Prince+Vegeta+SSJ4 · · Score: 2, Insightful
    Now the state I live in provides access to court documents as they are made available (usually several hours after the decision). Our court, and supporting systems is of course paid for by our tax dollars. However, if you want a copy of the documents, you have to pay about $0.50 US a page. Given the size of some cases, thats huge.

    as the above poster mentioned, why couldn't they give me a copy on CD - charge me $1.00 for the CD and send me on my way? It's because they are sneaking in a hidden tax (what else would it be when the government charges for the same service twice)

    It is reasonable to me that I pay for the small amount of time it takes a government employee to make a copy, but in these days of auto feeding copy machines and CD's - the prices they charge are way out of line.

    I say it again: HIDDEN TAX

    What makes it worse is that you search for the court cases on OLD outdated IBM PS/2's running some form of outdated software that can barely do a two word search and return ANY results. Most of the time you have to have the EXACT spelling of the name to get results.

  10. No... Think About the Celebs... by Anonymous Coward · · Score: 1, Insightful

    Key quote:

    argued that the unfettered release of detailed information ... and celebrities' homes in electronic form could lead to breaches in security and privacy.

    Yep. Wonder who might be behind this. It was done with public funds and it should be public. Are we going to stand up to terrorism or are we going to hide away an hope the big bad osma won't try to hurt us again. Everytime we cave on something like this, it is a victory for terrorism (and the celebs that are using it to their advantage).

  11. Re:Maps want to be free! by Caius_Julius · · Score: 3, Insightful

    "As for the data being available to myself as a citizen (btw, I live in one of the counties adjacent to PG County so I have to get data for my area just like everyone else if I want it), I'm not sure that I have a need to see it"

    This is almost surely some engineering company that wants to harvest all of the town's data to set up a for-profit service. The argument about why or why not to favor this individual is hard to settle, but both sides of the argument about "freedom of information" and "security" are disingenuous.

  12. Re:FOIA Requests and the AG by maxume · · Score: 2, Insightful

    The tone of the memo is slightly disturbing though. FOIA is designed to make the government more transparent. Ashcroft says, hey err on the side of obscurity, we are behind you.

    I don't disagree that there are plenty of things that the government knows that it shouldn't tell people, but there are also lots of things where it is ridiculous for there to be any secret keeping...

    --
    Nerd rage is the funniest rage.
  13. there have to be limits on release of data by Anonymous Coward · · Score: 0, Insightful

    Launch codes for missles are also 'public records'.
    Will a judge now release this information as well as all the manuals on building and luanching ICBM's?

    Clearly not.

    Or maybe not so clearly not.

    Now we see why it is important to limit the amount of data that can be kept on us. Now we see why data that the 'government' collects on us should be owned by us. Obviously not all of the data.

  14. Re:Maps want to be free! by shalla · · Score: 2, Insightful

    Now for public access, a few problems exist with this. In general, a private citizen wouldn't have much need for the information so releasing to the public would essentially benefit a very small set of people/companies. The benefit for this small group would essentially be paid for by all tax payers.

    I think you miss the point. It isn't whether or not a private citizen would have use for this, but rather that the government paid for it and the information SHOULD be available via a Freedom of Information request. Unless the information meets one of the exceptions listed in the Freedom of Information Act, it simply shouldn't be restricted. That's why we have the darn exceptions in the first place. "I don't think most people will use it" is not an acceptable reason to block access to information obtained with public funds.

    I don't think anyone is suggesting that the government fund Internet access to such records for the general public, but the records should be available on request.

    If you are concerned about people making commercial use of such aerial photography, I would think such photography would still be under copyright and thus could not be used in such a manner.

  15. Re:Maps want to be free! by chiph · · Score: 2, Insightful

    The benefit for this small group would essentially be paid for by all tax payers

    I think you just described a large portion of goverment services, from unemployment benefits to welfare, to public transportation.

    Chip H.

  16. Re:FOIA Requests and the AG by caldfyr · · Score: 3, Insightful

    It is easy to misread the tone of a written message. Ever have a messenger conversation go to hell because of a quick-to-react emotional person on the other end gets a case of teh crazy on you? A conversation that would have gone an entirely different way over the phone or face-to-face?

    The tone of his memo may be intentional. Sometimes telling people to be careful isn't enough. Sometimes, to get their attention, you need to use various means to provide emphasis on the message. Or , then again, the person that sent the message to the local goverment agencies was probably in a serious mood (it is, after all, a serious job) and the letter reflected it.

    Some people think FOI means that everything should be put out into the public view for all to see. Personally, I would rather there be some judgment used. There is no need for the majority of people to know the exact layout of a sewage system, or the water distribution system, or the GPS coordinates of the government buildings in town, etc. The local government should be required to review each request and say "Oh, you're the contractor that's going to build over there? Sure, here's the info on the sewer and water." And "You're an ex-con and want to know about the power and underground access in the local financial district? Um....no"

    Just because some of the loudest people are law abiding citizens doesn't mean everyone else is. I would like to know more than I do, but I realize that I don't have a need to know. And being a reporter doing a story will probably get a person past most FOI issues, so as long as the reporter and watchdog organizations remain responsible they should not have any problems keeping the government honest.

  17. Re:A partially censored release... by Whyte · · Score: 2, Insightful

    I just want to echo a little bit of what you said. We as citizens have in part a vested interesting in both public access to governmental GIS data AND public censorship of governmental GIS data.

    As most people pointed out, detailed maps and aerial photography are widely available right now. Getting access to the governments aerial photographs isn't, or shouldn't, be the issue.

    The issue is the release of the actual data that is overlaid onto these maps. Because this data is what creates the spatial relationships, both physical and temporal, that makes GIS actually useful. Mainly in identifying systemic instances of disorder in a community and ultimately in producing efficient government policy to deal with it.

    A part of this data is and should be made available to the public. Many governments, such as my hometown of Wichita, do indeed make a subset of this data available to the public through an interactive website.

    However, there is also quite a bit of data that you don't want out in the public for privacy and other legal reasons.

    Right now, a police officer investigating a sexual assault case can use a GIS system to instantly identify, which if any, registered sexual offenders are living or working near the scene of the crime. This is because their GIS system is linked to the states sexual offender database (and also assuming that database is updated continuously and correctly). We would probably all agree that this is for the good of the community.

    Now imagine that this same GIS system is linked to your local DMV. Now imagine that all of this DMV information is now available to the public through a GIS website. Now imagine a sexual predator using the same search of the neighborhood to identify all addresses that include a female with a learner's permit (i.e. likely young girls ages 16-18 yrs old). We would probably all agree that this would be bad for a community.

    The example is fallacious, but as an example of what is possible, hopefully it will get your imagination working. The capacity for abuse is virtually unlimited if the wrong individuals have access to the wrong types of information.

    The government already has a lot of information about you and me. I personally don't want all the personal data they have about me published for the public to see. To be honest, I want as little of that information as possible known to anyone.

    --
    -- No matter how great your triumphs or how tragic your defeats, approximately one billion Chinese couldn't care less.
  18. GIS wants to be free (or free-ish) by drouse · · Score: 2, Insightful

    Wasn't Slashdot talking just recently about Arizona turning public access to GIS into a profit center...

    http://slashdot.org/article.pl?sid=04/07/27/2255 21 7&tid=103&tid=98&tid=95

    I've dealt with local government GIS data before and no one has ever been as anal about it as these people. The newspaper I work for, our county's GIS department, the local planning board and board of elections have all used the data for things like maps of the flood plane, hog farms, proposed zoning changes, election districts, etc. And we are right next door to an USAF base, where you would almost expect people to be touchy about maps.

    Other communities have shaved time off emergency response calls (fire, ambulance, cops, etc.):

    http://gis.esri.com/library/userconf/proc01/prof es sional/papers/pap308/p308.htm

    Keeping GIS open also aids market transparency. Having this information available over the Internet -- instead of just at the Courthouse -- reduces friction in real estate transactions and makes it easier for people to make informed judgments about real estate. It helps encourage smarter capitalism through route planning and provisioning.

    To me the terror argument is spurious -- this is a case of some information control freaks playing Dilbert's Mordac character.

    --
    -- I browse at +5 with stripped sigs ... Ha! Ha!