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VA Supreme Court: Michael Mann Needn't Turn Over All His Email

RoccamOccam sends news that the Virginia Supreme Court has ruled that Michael Mann, a climate scientist notable for his work on the "hockey stick" graph, does not have to turn over the entirety of his papers and emails under Freedom of Information laws. Roughly 1,000 documents were turned over in response to the request, but another 12,000 remain, which lawyers for the University of Virginia say are "of a proprietary nature," and thus entitled to an exemption. The VA Supreme Court ruled (PDF), "the higher education research exemption's desired effect is to avoid competitive harm not limited to financial matters," and said the application of "proprietary" was correct in this case. Mann said he hopes the ruling "can serve as a precedent in other states confronting this same assault on public universities and their faculty."

8 of 348 comments (clear)

  1. Re:So what? by Nidi62 · · Score: 5, Insightful

    Just remember what Neil Degrasse Tyson said in Cosmos, "Question Everything".

    Why should we?

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  2. Re:Why do these people always have something to hi by Anonymous Coward · · Score: 5, Insightful

    Odd to see someone arguing on Slashdot in favor of publicly funded academic research being kept from the public.

    I'm sorry, is the research somehow being hidden from the public? The public funding argument applies to papers, software, and not hiding them behind a paywall. It does not mean the public gets to see EVERY freaking email ever sent by someone who happens to get grant money through a government organization. You're just being ridiculous now. Should every private company who received ARRA funds have to lay down all their private emails for the entire public?

    (Though note that the public does fund classified work they can't ever see as well, we can ignore that for the sake of argument.)

  3. Re:So what? by bigwheel · · Score: 5, Insightful

    What seems to be missing from this article: Mark Steyn, a conservative talk show host, called Mann a fraud. So, Mann is suing Steyn for defamation. As his defense, Steyn is trying to prove that the data was manipulated and cherry picked. Therefore, proving that Steyn's comments were justified. So, Steyn requested the data under the FIOA, since Mann's work was publicly funded.

    But Mann - the scientist who warns us that global warming is real and dangerous based on a computer model - refuses to give out the computer code and data that he used to form his assertions. To me, this doesn't sound very scientific or very honest.

  4. Re:Why do these people always have something to hi by dlenmn · · Score: 5, Insightful

    The key details for models are not published

    Citation Needed

  5. Re:So what? by AlphaWolf_HK · · Score: 5, Insightful

    Probably not. My thinking is that this is a precedent that states that any information that is used to guide public policy (read: laws that affect you and me) can be hidden from the public, skirting the intent of FOIA laws, by having that data be produced and/or curated by a private entity or person. This has further implications than just global warming squabbles; this could give groups like the NSA incentive to privatize spying, among other things.

    An easy fix for this IMO is that nothing can be used to guide public policy or legislative actions unless the information used to glean them is already public. That would allow people like Michael Mann to keep their data private if they want, but stuff they produce can't be used to guide government decisions and/or actions unless he publishes it into the public domain before that process even begins. That would also satisfy climate skeptics IMO.

    And really, why shouldn't it be this way? I mean I really don't like the idea that some derp could in theory dictate laws by claiming the world is about to end if we don't do it his way, meanwhile being able to hide his source of information and claim we just have to trust his work.

    --
    Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
  6. Re:Why do these people always have something to hi by cryptolemur · · Score: 5, Informative

    That was his point, don't you think?
    Wasting 30 seconds searching would have given you http://simplex.giss.nasa.gov/s..., or http://www.cesm.ucar.edu/model... or http://www.mi.uni-hamburg.de/S... ... and many, many more.

    Funny thing, the code, the data, the explanations, everything has been avalable for years, and yet so many of the public believe they're not. I wonder why that is?

    It's like there was this massive political campaign against science. Of which you just became part of. Congratulations!

  7. Re:Why do these people always have something to hi by OneAhead · · Score: 5, Insightful

    There is one thing that, above anything else, determines a scientist's career: getting original research published. Where "original" implies "before your competitors". Which means letting your competitors look into what you're doing before it's published is career suicide. If you're gonna attach strings to your funding stipulating that every small tidbit you find should immediately be publicly available, then the only scientists who will want to work for you are the ones who publish dull uninnovative research.

    Not to mention all the unnecessary animosity surrounding the many results that later turn out to be untrue but were thrown before the public before the person producing them got the chance to double-check (which often takes months). This is enough of a problem as it is already; given the breakneck competition, people often tend to publish too soon rather than too late.

  8. ATI != Skeptics. by TapeCutter · · Score: 5, Insightful
    Informative?

    You want Mann's data? - Here, chew on this.

    Mann's unpublished work has nothing to do with government policy making. As for abusing the intent of FOIA, Mann and others have received thousands of them in an organised campaign to bury them in paperwork. At the height of the "climategate" beat up they were receiving ~25 FOI requests a day (mostly for stuff that was already published). There have been dozens of high level political inquisitions of Mann and co since the hockey stick paper was published, not to mention constant death threats. Everyone from the VA attorney general to the US senate have had a go at him, none of them found a scrap of evidence showing impropriety on Mann's part.

    All they have done is waste millions in taxpayer funds trying to prove he's a witch on behalf of their corporate sponsors. That US politicians are willing to do the bidding of FF corporations by character assassinating a world renowned scientist is sad, but somewhat expected these days. For so called "educated" citizens to cheer them on is fucking disgraceful.

    That would also satisfy climate skeptics IMO.

    The American Tradition Institute who filed the suit are not skeptics, they are "for hire" lobbyists masquerading as a charitable institution. The only way they will be satisfied is if Mann is shut down permanently and his work expunged from the collective knowledge of mankind. Mann is the skeptic in this story by virtue of the fact that all scientists are skeptics. Lobbyists don't believe in anything but a pay check, they are paid liars, the very definition of "propagandists". If you want to be a real patriot there's no better place to start than by learning to spot political propaganda when you see it.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.