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How NY Gov. Cuomo Sidesteps Freedom of Information Requests With His Blackberry

New submitter wrekkuh writes "The Daily News is reporting that if aides of New York's Governor Andrew Cuomo cannot speak in person or by telephone with the Governor, they are told to use BlackBerry's PIN-to-PIN messaging system — a function that leaves no lasting trail because it bypasses data-saving email servers. Consequently, a Freedom of Information request for all e-mails to and from Governor Cuomo's office resulted in an empty reply from the Records Access Officer: 'Please be advised that the New York State Executive Chamber has conducted a diligent search, but does not possess records responsive to your request.'"

16 of 306 comments (clear)

  1. freedom of Rim by alphatel · · Score: 5, Insightful

    Why do sysmgr geeks love RIM? Above is one of many reasons, along with enterprise integration, remote administration, custom device policies. For years nothing could compete.

    Droids/iStuff can run apps, but none of them could do exactly what a BB does, although perhaps that gap is narrowing. Too bad RIM is so far behind on the game nowadays no one will buy their devices and market share is plunging. 10% of value 1 year ago? Madness.

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    1. Re:freedom of Rim by Teresita · · Score: 5, Funny

      Maybe if they ask real nice, the NSA can give the FOIA requestors their not-so-blank copy of the "blank" email archive.

    2. Re:freedom of Rim by jbolden · · Score: 4, Informative

      RIM isn't increasing their share and is falling slightly in terms of sales, but it is not quite that bad.

      2010 global sales: 49.6m
      2011 global sales: 51.5m

      You get the impression from the US market where RIM has gone (users not sales) from 21.9m Sep 2010 to 12.5m in May 2012. But that still does represent sales, the average life of a smart phone is 11.5 months. In the US Apple's share of the computer market is just about about getting to the level of RIM's share of the smartphone market, to help put it in perspective.

      RIM is deeply troubled, they aren't dead by any means. They've had a rough few years but they haven't done anything truly tragic like follow LG and later Nokia's lead and go with Windows mobile.

    3. Re:freedom of Rim by Mister+Whirly · · Score: 4, Insightful

      Correct, but if those laws are in place government employees should not be using devices that do not comply with said laws. Especially for any official government business - otherwise the transparency that is supposed to exist at that level does not.

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  2. Repost from 1896 by paiute · · Score: 5, Interesting

    "Never write if you can speak; never speak if you can nod; never nod if you can wink." - Martin Michael Lomasney

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  3. Re:Not a surprise by Teresita · · Score: 5, Funny

    I really want to watch the Kardasians but DS9 ain't even in syndication anymore.

  4. What usually happens by jbolden · · Score: 4, Interesting

    We have a classic problem with the freedom of information requests:

    1) We want accurate historical records maintained of how decision were made, by whom and why.
    2) We want a have an open press and legal system to have access to those records so our legal processes and our political processes are based on accurate information.
    3) We want to have an open campaign system where all available information is discussed as part of the process of choosing leaders.

    Pick any 2.

    1. Re:What usually happens by Hatta · · Score: 5, Insightful

      The "pick any two" canard is for when there are actual constraints making all three impossible. There's no reason beyond corruption that we can't have all three of those.

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  5. Using personal email is an old dodge by Karmashock · · Score: 5, Insightful

    Everything needs to be on record. It has to be a criminal offense to systematically use systems with no log. These people are public officials with enormous power. The ability to find out who knew what when is vital to the public trust.

    What public officials are effectively saying is that we need to make this a felony for them to take it seriously. A felony conviction amongst other things would invalidate them from public service ever again. So indifferent to whether they actually served any jail time it would be the irrevocable end to their political career.

    I don't see any reason to bother even sending them to jail for it. Just give them a felony conviction with a 1000 dollar fine for court fees.

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  6. Re:Good. by CanHasDIY · · Score: 4, Insightful

    This kind of practice is what a modern, intelligent, proactive administration needs to do to make sure the government works.

    So, the only way for a government of the People, by the People, and for the People to work... is to keep the People from knowing what's going on?


    You, sir or madam, are the ultimate jackass.

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  7. Re:I think this is reasonable by Hatta · · Score: 5, Insightful

    How else can they sit down with their legislative friends and reach a compromise

    You misspelled cronies and scam.

    if they can't discuss things that the special interests or their own party would attack them for

    They can. They just need the balls to explain why the public interest trumps the special interest.

    If we want compromise, people need to be free to talk privately.

    And if we want accountability, politicians must never talk privately.

    You are aware that public shaming is a deterrant for some politicans to do the right thing. Can you understand that it is also a deterrent for politicans to do the wrong thing? Give them the power to keep secrets, and they will keep the wrong kinds of secrets. Sunlight, as always, is the best disinfectant.

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  8. Re:Good. by cfulton · · Score: 4, Insightful

    We still need transparency in government. If that means that we pay extra people to handle FOIA request so what. There are a lot of things the government needs to stop spending money on. IMHO these include wars, oil company tax breaks, running guns to Mexico and the drug war. It is possible your list is different. I happen to agree that I am sick and tired of the Republican / Democrat bickering. They have decided that government is a game they want to win instead of the activity of good governance. But, that does not mean that the answer is to hid the actions of and communication of public officials. That is the same as sticking you head in the ground when the bullets fly.

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  9. It was a big issue here too by Quila · · Score: 5, Insightful

    The Bush administration was raked over the coalsby the press for Blackberry use, and Sarah Palin was nailed for occasionally using private email as governor. Currently the press is complaining about Romney deleting information when he left as governor.

    Note the common denominator: They're all Republicans. I'll be surprised if the press inflates this to the scale of a national scandal since Cuomo is a Democrat.

    The mainstream press didn't care much when the Clinton administration "lost" thousands of emails under subpoena, even with a Democrat operative threatening contractors who were knew about the loss, and the fact that person got promoted out of the mess. I hear the Obama administration has hired her for a sensitive post at Cyber Command, *chirp* *chirp*.

  10. Re:Good. by CanHasDIY · · Score: 4, Insightful

    The problem is the the Public is really stupid.

    No - the problem is that mentality right there. The pervasiveness of the idea that "the Public is stupid" and therefore undeserving of honest, open government, is exactly why we have the dishonest, corrupt, secretive government you see today.

    Try giving people credit for once, instead of just instantly assuming that everyone [who doesn't share your particular point of view] is an abject moron - they will surprise you with their intelligence, given the opportunity to express it.


    I'm always amazed at how smart individual hillbillies can be, once you get them to actually think for themselves and stop parroting FOX News talking points. I assume the same can be said for coastal elites, save the substitution of "MSNBC" in place of "FOX News"

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  11. Re:Not a surprise by quacking+duck · · Score: 5, Funny

    The difference between Cardassian and Kardashians is that one group are a bunch of cold, heartless, reptilian creatures, and the other is an alien race from a Star Trek series.

  12. Re:Democrats by SuricouRaven · · Score: 4, Insightful

    Red slime, blue slime... seriously, the US political system is messed up. The two major parties have so sewn up the political arena, anyone not affiliated with one of them is essentially a joke. That means they can set up a few token points to disagree over and make a big media circus, but on so many issues there is really little choice. They both sell out to the same special interests.