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Information & Access:   


Published: 09/07/2004

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Senate Approves FOIA Exemption for Satellite Images

The Senate has approved a broad new Freedom of Information Act (FOIA) exemption that would restrict public access and use of commercial satellite imagery.

The proposal entitled "Nondisclosure of Certain Products of Commercial Satellite Operations," would impose strong restrictions on the dissemination of unclassified information that is relied upon for reporting to the public on disasters, international incidents, wars, and other news items. The provision would not only exempt the imagery from disclosure under FOIA but would actually prohibit the government from releasing the information. It also preempts any state or local disclosure laws that require access to such imagery information.

The Senate placed the information restriction in the National Defense Authorization Act for FY 2005, even though no national security issue appears to be involved. A House-Senate conference committee will consider the FOIA exemption proposal this month.

Various groups concerned with the vague and undiscussed provision are signing onto a letter urging the Committee Chairman to drop the FOIA exemption from the bill. For organizations interested in signing on to the letter contact Patrice McDermott with the American Libraries Association.