Tag Archives: Secrets

Best of 2009: Properly classified — there’s no “significant doubt”

Originally posted 2009-03-14 23:59:47. Republished by Blog Post Promoter

US President Barack Obama gestures for the crowd to keep quiet about his visit to the O&H Danish Bakery to buy kringle pastries so that First Lady Michelle Obama wouldn't find out about the visit, during a town hall event on the economy at Racine Memorial Hall in Racine, Wisconsin, June 30, 2010. AFP PHOTO / Saul LOEB (Photo credit should read SAUL LOEB/AFP/Getty Images)

Photo: SAUL LOEB/AFP/Getty Images

CORY DOCTOROW: Obama administration: releasing details of secret copyright treaty endangers”national security.” Er, what?

Good question, Instapundit.  Click through — the original story is here, at Wired.  The reference is to the so-called Anti-Counterfeiting Trade Agreement, or ACTA.

But you can really see all you need to see by reading the letter from the Administration responding to a Freedom of Information Act request for disclosure of this information about a copyright treaty by stating that the documents the documents you seek are being withheld in full pursuant to 5 U.S.C. sec. 552(b)(1), which pertains to information that is properly classified in the interest of national security pursuant to Executive Order 12958.

10 Years of LIKELIHOOD OF CONFUSION®

10 Years of LIKELIHOOD OF CONFUSION®

Well, good to know they’re being properly withheld!

But can this truly be the case?

Here’s what that Clinton-era Executive Order says (in part) about what shall and shall not be deemed classified (emphases added): Read More…

Bad for branding, worse for trade secrets

Originally posted 2006-08-14 13:02:04. Republished by Blog Post Promoter

Pesticides in soft drinks, that is. Or even allegations of them. Boing Boing reports that a court in India has ordered Pepsi and Coke to cough up their respective formulas.

UPDATE:  It’s not easy to tell, but I think this means they got out of it.

Properly classified — there’s no “significant doubt”

Originally posted 2009-03-14 23:59:47. Republished by Blog Post Promoter

Good to be the King

It’s good to be an Executive Order

CORY DOCTOROW: Obama administration: releasing details of secret copyright treaty endangers “national security”. Er, what?

Good question, Instapundit.  Click through — the original story is here, at Wired.  But you can really see all you need to see by reading the letter from the Administration responding to the Freedom of Information Act request for disclosure of this information about a copyright treaty by stating that the documents the documents you seek are being withheld in full pursuant to 5 U.S.C. sec. 552(b)(1), which pertains to information that is properly classified in the interest of national security pursuant to Executive Order 12958.

Well, good to know they’re being properly withheld!  Can this truly be the case?  Here’s what that Clinton-era Executive Order says (in part) about what shall and shall not be deemed classified (emphases added):

Sec. 1.2. Classification Standards.

(a) Information may be originally classified under the terms of this order only if all of the following conditions are met:

    (1) an original classification authority is classifying the information;
    (2) the information is owned by, produced by or for, or is under the control of the United States Government;
    (3) the information falls within one or more of the categories of information listed in section 1.5 of this order;

and

    (4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security and the original classification authority is able to identify or describe the damage.

(b) If there is significant doubt about the need to classify information, it shall not be classified.

exactly-what-i-saySo now we know that information in this copyright treaty is not only properly classified, there is no significant doubt about whether it ought to be.  Well, of course there’s little room there is for doubt when it comes to the Obama Administration!  <Okay, a little more seriously, what kinds of stuff can be classified under this Executive Order? Read More…

More on the “secret copyright treaty”

Is it really that bad?  Last March I took a quick look at what some of the anti’s were saying, and focused mainly on the question of whether the treaty was properly classified.  I didn’t line up, exactly, behind Cory Doctorow, the EFF and friends (I usually don’t, at least not on copyright), but I did express a sense that something was very amiss.

Ben Sheffner says “not so fast.”  His post, along with challenging comments from knowledgeable commenters, is worth reading to get a sense of balance on this topic, and to give you some comfort that although LIKELIHOOD OF CONFUSION® isn’t even remotely on top of the issue, someone is.  That’s not for nothing, you know!

RDC BIG BEARD

Neither is Ben’s Copyrights and Campaigns blog in general, which I have taken too long to pick up on and appreciate.  He presents the Dark Side about as well anyone, it seems. Hey, we all learn; we grow…

UPDATE:  A mere few days later and it turns out Ben is an ABA Blawg 100 honoree!  I sure know how to spot ’em!