FOIA Community Conference
Privacy Protection After Twenty Years Under Reporters Committee
April 28, 2009
MARY ELLEN CALLAHAN
Mary Ellen Callahan was appointed as the Chief Privacy Officer of the Department of Homeland Security by Secretary Janet A. Napolitano on March 9, 2009. She also is DHS’s Chief FOIA Officer, holding direct responsibility for one of the largest FOIA operations in the federal government, and as such is the Obama Administration’s highest-ranking political appointee with direct FOIA responsibilities. Before joining DHS, Ms. Callahan specialized in privacy, data security, and consumer protection law as a partner at Hogan & Hartson LLP, where she worked for more than ten years. She was the Co-Chair of Online Privacy Alliance, a self-regulatory group of corporations and associations established to create an environment of trust and foster the protection of individuals’ privacy online. Ms. Callahan also served as Vice-Chair of the American Bar Association’s Privacy and Information Security Committee of its Antitrust Section. A frequent author and speaker on privacy issues, she was selected in 2008 as a “Band 1” privacy and data security lawyer in the United States by Chambers and Partners. Ms. Callahan holds a Juris Doctor from the University of Chicago Law School and graduated magna cum laude from the University of Pittsburgh. Prior to law school, she worked at the Congressional Research Service of the Library of Congress as part of the Special Task Force on the Development of Parliamentary Institutions in Eastern Europe.
PATRICK M. CLAWSON
Pat Clawson is an award-winning investigative reporter and private investigator based in both Washington, D.C. and Flint, Michigan who specializes in probes of financial fraud, organized crime, terrorism, and public corruption. He began his career in 1969 as a reporter with the Flint (Mich.) Journal and his national media credentials includes duty as a Washington, D.C.-based on-air investigative reporter for the original CNN Special Assignments Unit and NBC News; White House correspondent for the Independent TV News Association (Metromedia TV); Capitol Hill correspondent for Independent Network News (Tribune Broadcasting); Washington Bureau Chief of Radio & Records, the newspaper division of the Westwood One Companies; radio talk show host at the Radio America Network, WABC/New York and WRC/Washington; Congressional Editor of Washington Crime News Services; Director of Sales, Marketing & Strategy for the Radio America Network; and President/CEO of TeleGrafix Communications, one of America’s first Internet media companies. He is a former elected member of the board of directors of the U.S. Congress Periodical Press Gallery and has served as a judge for several national media award competitions, including those of the National Association of Broadcasters and the Society of Professional Journalists.
In addition, Pat has worked as a private investigator since 1974 on cases involving international financial frauds, Mafia bombings, public corruption, domestic terrorism, and corporate crime. His investigation of Missouri police bribery by private detectives led to the first criminal convictions under the federal Privacy Act. As Executive Director of the Saginaw Valley (Mich.) Crime Commission, he testified in 1980 before a U.S. Senate committee about his investigations of Mafia racketeering and Mexican drug trafficking in Michigan. From 2002 through 2008, was a spokesman and defense investigator for attorneys representing Dr. Steven J. Hatfill, the former government scientist who was wrongfully labeled by Attorney General John Ashcroft as a “person of interest” in the 2001 anthrax terrorism investigation. Pat has won numerous national journalism awards for his investigations of domestic terrorism, financial crime, the Mafia and public corruption, including a National Emmy Citation for Community Service Broadcasting, the Janus Award for Financial Journalism, the Amos Tuck Financial Journalism Prize, and investigative reporting prizes from the Associated Press and Radio-Television News Directors Association. He was part of a team that won a George Polk Memorial Award for computer-assisted investigations of the administration of justice in a Michigan court.
Wendell Cochran served for many years as head of the Journalism Division of American University’s School of Communication (SOC) and now oversees American University’s new Investigative Reporting Workshop together with co-founder Charles Lewis. An SOC faculty member since 1992, Professor Cochran has spent more than 40 years practicing and teaching journalism. Along the way he has covered everything from local government to Congress to presidential campaigns. He has bylines from nearly 40 of the 50 states, working as a business reporter, special projects editor, and project director for leading news organizations, including the Kansas City Star, Des Moines Register and Gannett News Service. He has also worked as a contributing editor to Top Producer, a leading agriculture magazine. He spent most of his journalism career as a business reporter and editor, specializing in topics such as agricultural policy, international trade, and banking and finance. His stories have won or shared four national reporting awards, including the Amos Tuck Award for Economic Understanding, the John Hancock Award for Business Reporting, and the National Headliners Award. He has written extensively on the role that nonprofit institutions can play in the emerging media landscape in such venues as Columbia Journalism Review and Nieman Reports. He also has continued his work in journalism as a Freedom Forum Journalist-in-Residence (in 2000) and as a contributor to several professional publications including: American Journalism Review; Quill; The Journal of Mass Media Ethics; The Electronic Journal of Communication; American Editor; and the IRE Journal. He also is the co-author of Inside the Beltway: A Guide to Washington Reporting (Second Edition).
Professor Cochran teaches advanced-level journalism courses, including Advanced Reporting, Seminar in Journalism, and Journal-ism Ethics. Students in his undergraduate Advanced Reporting class frequently have been able to produce stories published by professional news organizations. Graduate students in his Seminar in Journalism have served as research assistants for books, including Inside the Beltway and Buying of the President 2004, a best-selling book by Charles Lewis, founder of the Center for Public Integrity and now a Distinguished Journalist-in-Residence on the SOC faculty. Atop all of that, Professor Cochran’s primary area of academic research interest is the administration of the federal Freedom of Information Act.
RONALD K.L. COLLINS
Ron Collins is a scholar at the Washington, D.C. office of the First Amendment Center of the Freedom Forum at the Newseum. He writes and lectures on freedom of expression and oversees the online library component of the First Amendment Center's Web site. Before coming to the center, he served as a law clerk to Justice Hans A. Linde on the Oregon Supreme Court and thereafter was a Judicial Fellow under Chief Justice Warren E. Burger at the U.S. Supreme Court. He was elected president of the Supreme Court Fellows Alumni Association in 2008. Ron has taught constitutional law and commercial law at Temple Law School and George Washington University Law School, and he has written constitutional briefs that were submitted to the Supreme Court and various other federal and state high courts. He has also published more than fifty articles in scholarly journals such as the Harvard, Stanford, and Michigan law reviews. His writings on the First Amendment have appeared in Columbia Journalism Review, The Nation, The New York Times, and The Washington Post, among other publications.
Ron is co-author (with David Skover) of The Trials of Lenny Bruce (2002) and The Death of Discourse (1996/ 2nd ed., 2006), and he is the editor of Constitutional Government in America (1981). His next book is Justice Oliver Wendell Holmes, Jr.: A Free Speech Reader (Cambridge University Press, 2010) and after that, Mania: The Madcap Stories of the Lives that Launched a Generation (with David Skover) (2010). His latest scholarly article is "Foreword: To America's Tomorrow -- Commerce, Communication & the Future of Free Speech," 41 Loyola, Los Angeles, Law Review 1-39 (April 2008). In 2003, he and David Skover successfully petitioned the governor of New York to posthumously pardon Lenny Bruce, for which they received the Hugh Hefner First Amendment Award. In September 2006, Ron conducted a public interview with Anthony Lewis at the Nieman Foundation for Journalism at Harvard University, and in February 2008 he interviewed Lewis for C-SPAN's "Book TV."
LUCY A. DALGLISH
Lucy Dalglish is the Executive Director of the Reporters Committee for Freedom of the Press, a position she has held for since 2000. Prior to that, she was an attorney with a Minneapolis law firm from 1995 to 2000 and worked from 1980-93 as a reporter and editor at the St. Paul Pioneer Press. As an expert on the effect of government secrecy in the post-Sept. 11 world, she has testified before both state legislatures and congressional committees about access to government information and government secrecy. She has spoken throughout the United States on FOIA issues and serves on the board of directors of the National Freedom of Information Coalition and the Virginia Coalition for Open Government. From 1996 to 2000, she was legal counsel to the Minnesota Library Association. She served three years as national chair of the Society of Professional Journalists Freedom of Information Committee in the early 1990s. Lucy was awarded the Wells Memorial Key, the highest honor bestowed by the SPJ, in 1995 for her work as chair of the FOI Committee and for service as a national board member.
JOHN F. DALY
John Daly is Deputy General Counsel for Litigation at the Federal Trade Commission, where he focuses on the Commission’s appellate and Supreme Court litigation, in both the antitrust and consumer protection areas. Prior to joining the Commission in 1998, he served for many years as a senior attorney in the Civil Division of the Department of Justice, where he specialized in appellate litigation and collaborated with long-time appellate FOIA litigation supervisor Leonard Schaitman on the handling of the Reporter Committee case. His work at both agencies has included the defense of personal privacy interests, in both Reporters Committee and other FOIA privacy cases at the Department of Justice, and in cases that challenged the constitutionality of the Fair Credit Reporting Act and the National Do Not Call Registry at the FTC. He previously practiced at the law firm of Wald, Harkrader & Ross, and he began his legal career as a judicial clerk to Circuit Judge John C. Godbold of the United States Court of Appeals for the Fifth Circuit. John earned degrees at the Massachusetts Institute of Technology and the University Michigan Law School.
Rebecca Daugherty currently is the Immediate Past President of the American Society of Access Professionals and has been a leading member of the openness-in-government community for nearly twenty-five years. From 1987 until 2006, she was director of the FOI Service Center, a special project of the Reporters Committee for Freedom of the Press, where she was the editor of Tapping Officials' Secrets, a state-by-state guide to open records and open meeting laws, as well as of How to Use the Federal FOI Act, a guide to federal access laws. Additionally, she serves on the board of the Society of Environmental Journalists. Rebecca is an attorney, has been a reporter and a copy editor for several newspapers, and also was a FOI specialist at the U.S. Department of the Interior. She holds two journalism degrees from the University of Missouri and a law degree from the University of Missouri-Kansas City.
ROY T. ENGLERT, JR.
Roy Englert is a partner in the law firm of Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP. An appellate litigator and antitrust lawyer, he served in the Office of the Solicitor General from 1986 to 1989 and more recently was a partner in the Washington office of Mayer, Brown & Platt. He has argued eighteen cases before the United States Supreme Court, including the Reporters Committee case, and numerous cases in the lower appellate courts. Roy's recent appellate litigation has been in such disparate fields as milk regulation, racketeering law (RICO), employment discrimination, bankruptcy, ERISA, regulation of transportation industries, the death penalty, and antitrust. He has written and spoken about techniques of appellate advocacy and about substantive issues of antitrust, bankruptcy, civil procedure, constitutional law, and employment discrimination. Roy received an A.B. in mathematics in 1978 from Princeton University and received a J.D., cum laude, in 1981 from Harvard Law School, where he served as Executive Editor of the Harvard Law Review. Immediately after law school, he was a law clerk for the United States Court of Appeals for the District of Columbia Circuit. Roy currently serves as an adjunct professor working with the Appellate Litigation Clinic of the Georgetown University Law Center.
As Director of Information Policy Studies at the Cato Institute, Jim Harper focuses on the difficult problems of adapting law and policy to the unique problems of the information age. Jim is a member of the Department of Homeland Security's Data Privacy and Integrity Advisory Committee. His work has been cited by USA Today, the Associated Press, and Reuters. He has appeared on Fox News Channel, CBS, and MSNBC, and other media. His scholarly articles have appeared in the Administrative Law Review, the Minnesota Law Review, and the Hastings Constitutional Law Quarterly. Recently, he wrote the book Identity Crisis: How Identification Is Overused and Misunderstood. Jim also is the editor of Privacilla.org, a Web-based think tank devoted exclusively to privacy, and he maintains the online federal spending resource WashingtonWatch.com. He holds a J.D. from UC Hastings College of Law.
Jane Kirtley has been the Silha Professor of Media Ethics and Law at the School of Journalism and Mass Communication at the University of Minnesota since August 1999. She was named Director of the Silha Center for the Study of Media Ethics and Law in 2000 and also holds a joint appointment at the university’s law school. Prior to that, she was Executive Director of the Reporters Committee for Freedom of the Press for fourteen years. Before joining the Reporters Committee, she was an attorney for five years with the law firm of Nixon, Hargrave, Devans & Doyle in Rochester, New York and Washington D.C. She is a member of the New York, District of Columbia, and Virginia bars. Jane also worked as a reporter for the Evansville (Indiana) Press and The Oak Ridger and Nashville Banner (Tennessee).
JOHN W. KROPF
DANIEL J. METCALFE
Dan Metcalfe joined the faculty of the Washington College of Law in 2007 as a Faculty Fellow in Law and Government upon retiring from a career in government service that began at the Department of Justice in 1971. He now is both an adjunct professor at WCL and Executive Director of the school's Collaboration on Government Secrecy. In 1981, after a judicial clerkship and serving as a Justice Department trial attorney, he was appointed as a founding director of the Department’s Office of Information and Privacy (OIP). For more than a quarter-century, he guided all federal agencies on the governmentwide administration of the Freedom of Information Act, directly supervised the defense of more than 500 FOIA and Privacy Act lawsuits in district and appellate courts, testified before Congress on FOIA legislation, and met with representatives of nearly 100 nations and international governing bodies as they considered the development and implementation of their own government transparency laws. He became a career member of the Senior Executive Service in 1984, the youngest Justice Department attorney then and since to hold such a position, and he also has been appointed as an Honorary Senior Research Fellow at University College London.
Marc Rotenberg is Executive Director of the Electronic Privacy Information Center (EPIC) in Washington, D.C. He teaches information privacy law at Georgetown University Law Center and has testified before Congress on many issues, including access to information, encryption policy, consumer protection, computer security, and communications privacy. He testified before the 9-11 Commission on "Security and Liberty: Protecting Privacy, Preventing Terrorism." Marc has served on several national and international advisory panels, including the expert panels on Cryptography Policy and Computer Security for the OECD, the Legal Experts on Cyberspace Law for UNESCO, and the Countering Spam program of the ITU. He currently chairs the ABA Committee on Privacy and Information Protection and he is the former Chair of the Public Interest Registry, which manages the .ORG domain. He also is editor of Privacy and Human Rights and The Privacy Law Sourcebook, and co-editor (with Daniel J. Solove and Paul Schwartz) of Information Privacy Law (Aspen Publishing 2007). A graduate of Harvard College and Stanford Law School, he served as Counsel to Senator Patrick J. Leahy on the Senate Judiciary Committee after graduation from law school. He is a Fellow of the American Bar Foundation and the recipient of several awards, including the World Technology Award in Law. A tournament chess player, Marc won the 2007 and 2008 Washington, D.C. Chess Championships.
TONDA F. RUSH
Tonda Rush is president of American PressWorks in Arlington, Va., and the former CEO of the National Newspaper Association and associate general counsel of the American Newspaper Publishers Association. American PressWorks represents the National Newspaper Association and manages its Washington office. She is an attorney, consultant, lecturer, and writer on issues involving the First Amendment, media law, and the newspaper business. Tonda began her career managing a small newspaper in Kansas and working as a reporter and editor in that region. She has been involved in First Amendment and open-access matters on behalf of the press since her days as director of the Freedom of Information Center of the Reporters Committee for Freedom of the Press in the early 1980s. She has taught media law as adjunct faculty at the American University School of Communications in Washington and the College of Journalism of the University of Maryland in College Park, Md. Tonda presently serves on the advisory board of the William Allen White Foundation and is on the boards of directors of the Student Press Law Center and the Virginia Coalition of Open Government. She is a graduate of the University of Kansas School of Law and the William Allen White School of Journalism.
DAVID A. SCHULZ
David Schulz is a partner in the law firm of Levine Sullivan Koch & Schulz in New York City, where he has defended the rights of journalists and news organizations for the past quarter of a century. He has litigated libel, privacy, access, and newsgathering claims in the trial courts of more than twenty states and regularly represents news organizations on appeals before both state and federal tribunals. Among other significant cases, he successfully prosecuted access litigation by the Hartford Courant to compel the disclosure of sealed dockets in cases being secretly litigated in Connecticut’s state courts, and the challenge by seventeen media organizations to the closure of jury selection in the Martha Stewart criminal prosecution. He successfully defended against invasion of privacy claims brought by Navy SEALS whose photos with injured Iraqi prisoners were discovered on-line by a reporter, and he has prevailed in Freedom of Information Act litigation pursued by The Associated Press to compel the release of files relating to detainees held by the Department of Defense at Guantanamo Bay and to records of the military service of President George W. Bush.
Mr. Schulz is described as an “incredibly skilled” litigation strategist and a “walking encyclopedia” of media law by Chambers USA (Chambers & Partners, 2006), and he is recognized as one of the nation’s premier First Amendment lawyers by The Best Lawyers in America (Woodward/White, 2005). Concentrating in media law, First Amendment, and intellectual property, he has represented a broad range of media clients, including international newswire services, national and local newspapers, television networks and station owners, magazine and book publishers, cable news networks, and Internet content providers. He has served as chair of the Communications and Media Law Committee of the Association of the Bar of the City of New York, as a member of the Governing Board of the American Bar Association’s Forum on Communications Law, and as President of the Defense Counsel Section of the Media Law Resource Center. For more than a decade he was a member of the New York Committee on Open Government, the state agency responsible for overseeing the enforcement of the open meetings, freedom of information, and personal privacy laws in New York.
A Lecturer in Law at Columbia Law School, Mr. Schulz regularly writes and speaks on media law issues. For many years he co-chaired a biennial conference on “Newsgathering and Libel Litigation,” sponsored by the Practicing Law Institute, and he served as a member of the Sedona Conference Working Group on Protective Orders, Confidentiality & Public Access. He is the author of numerous articles and reports, including Judicial Regulation of the Press? Revisiting the Limited Jurisdiction of Federal Courts and the Scope of Constitutional Protection for Newsgathering, 2002 LDRC Bulletin 121 (April 2002); Internet Jurisdiction, Choice of Law Issues, ISP Immunity and Anonymous On-Line Speech, 2 Internet Law & Business 997 (Oct. 2001) (with M. Schachter), and Newsgathering as a Protected Activity, in Freedom of Information and Freedom of Expression: Essays in Honour of Sir David William (J. Beatson & Y. Cripps eds., Oxford University Press 2000). He received a B.A., magna cum laude, from Knox College in Galesburg, Illinois, where he has served for more than twenty years on the Board of Trustees. He received his law degree from Yale Law School and holds a Master’s degree in economics from Yale University.
Ari Schwartz is the Vice President and Chief Operating Officer of the Center for Democracy and Technology (CDT), where his work focuses on increasing individual control over personal and public information. He promotes privacy protections in the digital age and expanding access to government information via the Internet, and he regularly testifies before Congress and agencies of the Executive Branch on these issues. Ari also leads the Anti-Spyware Coalition (ASV) of anti-spyware software companies, academics, and public interest groups dedicated to defeating spyware. In 2006, he won the RSA award for Excellence in Public Policy for his work building the ASC and other efforts against spyware. He was also named one of the Top 5 influential IT security thinkers of 2007 by Secure Computing Magazine.
He currently serves as a member of the Department of Commerce National Institute of Standards and Technology Information Security and Privacy Advisory Board and the State of Ohio Chief Privacy Officer Advisory Committee.