Gov. Rick Scott lets public open his email box with new website – Chicago Tribune


Gov. Rick Scott, once so wary of the state’s public records law that he refrained from creating a state email account, launched a new open records program Thursday designed to give the public access to his emails and those of his 11 top staff members.

Dubbed “Project Sunburst,” the unprecedented initiative will provide faster access to email communications involving the governor’s key advisors. But while the system offers easier access to public records, it does not include access to text messages sent via smart phone or direct messages using outside sites, such as Facebook or Twitter.

State officials are required to retain those records independently and it is up to the public to request copies.

“This is a big step forward for transparency,” said Scott at a news conference.

Transparency has been an issue for Scott since his 2010 transition into office. His staff destroyed emails that were public record and communicated extensively using private email accounts. Scott then stayed away from using an email account until eight months into office.

The governor blamed the destroyed emails on a private company that hosted the email accounts for his gubernatorial campaign. A law enforcement investigation into the lost emails is still pending.

The executive staff who will be turning over their emails include the governor, lieutenant governor, their chiefs of staff, deputy chiefs of staff and communications officials. Their emails comprise 80 percent of the public records requests sought by the public.

The emails will be posted daily on a read-only viewer on http://www.flgov.com/sunburst. The domain and password are “sunburst.” Emails must be posted within seven days of receipt or creation, unless they are deemed exempt from the public records law, and the goal is to push emails online within 24 hours.

“As always, the devil is in the details,” said Barbara Petersen, director of the First Amendment Foundation whose organization spent $5,000 trying to get the emails of the governor’s top staff when Scott first came into office. “But providing real time access to email is a very positive and proactive step.”

Project Sunburst was the brainchild of Scott’s chief of staff Steve MacNamara, a communications professor and former lobbyist who joined Scott’s office in July.

“We all know from Day One that everyone is going to be asking for email,” MacNamara said Thursday. “I don’t think it’s going to change anything really.”

The emails released Thursday include correspondence from the 12 state officials since Monday at noon. In them were routine reports, schedules and meeting request and oddities — such as a lengthy, rambling message written in all caps from a citizen.

One email addressed to MacNamara was from Orlando candidate for state House, Matthew Falconer, He suggested he could help the governor with the Hispanic vote. MacNamara responded: “Thx, Matt. I’ll pass this along.”

Even the media, and the often-secret developing stories of reporters, became part of the new online record.

New York Times national correspondent Serge Kovaleski, for example, got into a lengthy heated exchange with Scott’s communications director, Brian Burgess, Wednesday over a story about the prosecutor who recused himself in the George Zimmerman case.

“Before you berate my staff, perhaps you should get your facts straight before seeking answers to questions predicated on false assumptions,” Burgess wrote. He suggested Kovaleski had wrongly said the prosecutor had been “pulled off the case.”

“Perhaps your staff should act more responsibly,” Kovaleski responded. They exchanged several more testy emails after that.

Scott said he didn’t believe the new system would have a chilling effect on communications or persuade critical communications over controversial issues to be driven underground.

“You still have the opportunity to do open records requests,” he said. “I think we’re doing the right thing.”

Peterson said that under the current system most staff members already shield their communications from public record.

“I don’t think it’s going to drive anything underground that isn’t already underground,” she said. “You’re getting what you would get without making a request.”

Bonnie Hazelton, director of the governor’s Office of Open Government said the office does not have a system set up to capture messages if state business is conducted through social media but relies on individuals to retain it as a public record.

Tom Dooley, the governor’s IT director who worked on the program, said that text messages will be downloaded from smart phones and retained.

Even under the current system, MacNamara himself avoids building a public record. A Herald/Times review of five months of the chief of staff’s emails finds that MacNamara prefers phone calls and hand-written notes to email when communicating.

The governor’s top advisor routinely responds to even mundane concerns by urging others to “come see me” or “call me” to avoid a paper trail. MacNamara said it’s because he’s a bad typist and prefers to have face-to-face conversations.

MacNamara said Thursday he couldn’t recall how they came up with the name Project Sunburst. It’s also the name of a failed Xbox Live program that vanished from the market last year after its online servers failed to function properly.

“We’re going to have server problems, too,” MacNamara warned. He said the system cannot accommodate more than 100 users at a time and there will be times when it doesn’t work as intended.

“We’re just trying to save everybody time,” he said. “It’s going to keep them honest.”

Mary Ellen Klas can be reached at meklas@MiamiHerald.com and on Twitter @MaryEllenKlas

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Sunburst Unveiled to Offer Public Access to Governor's Email – Sunshine State News


Rick ScottGov. Rick Scott with reporters | File PhotoFor the past year, the Capitol press corps has inundated Gov. Rick Scott and his staff for their inner-office correspondence.

On Thursday, Scott unveiled a webpage called Sunburst that will make it easier and less expensive for the media to read what key members of the governor’s office are writing among each other and to the public.

It will also now be easier for the public to read questions the media are asking of the governor and deduce and assess what stories are being worked on and their approach to them.

“This is a big step forward for transparency,” Scott said Thursday as he introduced the Sunburst webpage. “You don’t have to wait, the public doesn’t have to wait for a lot of things. You don’t have go through for information to the Office of Open Government to get information quicker.”

Scott’s official email, along with that of some key staff, including Chief of Staff Stephen MacNamara, Deputy of Staff Chris Finkbeiner, Legislative Affairs Director Jon Costello and Lt. Gov. Jennifer Carroll, will be available to the public within a week of being received or sent.

The potential lag time is needed to ensure that items such as Social Security numbers, credit card information, weekly national domestic security briefings and other information that is allowed to be withheld are properly redacted before the email is released.

Only email since May 1 will be available on the webpage.  

Public records requests for email prior to that date will continue to be honored, Scott said.

To view the email, go to http://www.flgov.com/sunburst. The user name and password is “sunburst.”

The page was created in-house. No estimate has been made for what the site will cost to make hard copies of requested emails.

Barbara Petersen, president of the First Amendment Foundation in Tallahassee, hailed the ruling for making access more affordable.

The first two months of 2011, the First Amendment Foundation made weekly requests for emails from the governor and top staff members on behalf of the press corps. The last of the requested information was received in December.

“It cost me about $5,000, which was why we had to quit doing it,” Petersen said. “So, if we think of it in just terms of ease of access and cost, it’s huge.”

She hopes that the site is expanded to include more agencies and staff, and that other agencies in the state follow suit.

“I’m working with a woman right now who is being asked to pay tens of thousands of dollars to get access to a city commission’s email,” Petersen said.

“If the governor can do this, and relatively easily at no cost, why can’t everybody?”

The press corps has held a fervor for Scott’s email since it was revealed that correspondence during the transition period, between his November 2010 election and January 2011 inauguration, had been deleted.  

A Florida Department of Law Enforcement investigation into the deletion continues.

Scott has since signed a law to require the email be preserved during the transition times.

Florida Chief of Staff Stephen MacNamara noted that the Office of Open Government has struggled to keep up with the demand for staff email.

“It will cut down the work of the staff,” MacNamara said.

“We’re getting four times the requests (former Governor) Charlie Crist was getting when he was here, with the same-sized staff. They’re just working their tails off,” he said of his staff.

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ACLU files public access motion for 9/11 trial at Gitmo – Stars and Stripes


null A guard tower and concertina wire are silhouetted against morning sun at Guantanamo Bay, June 20, 2007.Peter Tobia, Philadelphia Inquirer/MCT

WASHINGTON — The public should be allowed to hear the five alleged 9/11 conspirators describe what the CIA did to them in secret overseas prisons, the American Civil Liberties Union said in a motion filed at the Guantanamo war court late Wednesday.

“The eyes of the world are on this military commission,” the civil liberties group wrote in its motion. It was posted on the court website uncensored and included graphic references to water torture from a leaked International Red Cross report.

At issue is the court system that employs a 40-second delay of the proceedings, time enough to let an intelligence official hit a white-noise button if any of the men describe what CIA agents did to them after their capture in Pakistan in 2002 and 2003 and before their arrival at Guantanamo in September 2006.

The ACLU called the practice censorship, and said it was premised on “a chillingly Orwellian claim” that the accused “must be gagged lest he reveal his knowledge of what the government did to him.”

A court security officer used the white noise at an earlier, aborted effort in 2008 and 2009 to put the five men on trial for the Sept. 11, 2001, attacks.

It was not immediately clear whether the war court judge, Army Col. James L. Pohl, would rule on the motion before Saturday’s arraignment of alleged 9/11 architect Khalid Sheik Mohammed and four other Guantanamo captives.

The ACLU’s executive director, Anthony Romero, said Thursday morning that his organization’s National Security Project director, Hina Shamsi, was seeking to join a Pentagon flight to Guantanamo on Friday in an attempt to argue the point to Pohl — before the arraignments on Saturday.

The Pentagon had no immediate comment. “The judge will decide whether the merits of their complaint have standing,” said Army Lt. Col. Todd Breasseale.

The ACLU lawyers also wrote that the 9/11 defendants obtained information about the CIA’s secret prison network and techniques only “by virtue of the government forcing it upon them.”

They wrote that the government already had declassified parts of an investigation by the CIA’s inspector general that concluded that agents subjected their captives to abusive treatment, and that it was in the public’s interest to hear the descriptions from the captives.

All five face a death penalty trial by military commission at Guantanamo as the alleged organizers, funders and trainers of the 19 hijackers who commandeered four passenger aircraft on Sept. 11, 2001, and flew them into the World Trade Center in New York, the Pentagon outside Washington, and a Pennsylvania field, killing nearly 3,000 people.

The brief included an affidavit from a scholar of military commissions who noted that past American tribunals were open, although held at remote locations that made it largely impossible for the public to see them.

Rather than presume information that comes from former CIA captives is classified, the ACLU lawyers wrote, the judge is obliged to review each statement beforehand and “make factual findings on the record before permitting any national-security-related closure.”

The argument echoes one made last month to Pohl by a First Amendment lawyer at Guantanamo in the case of Abd al Rahim al Nashiri, accused of orchestrating al-Qaida’s October 2000 bombing of the USS Cole off Aden, Yemen.

Ten U.S. news organizations sought to challenge plans to have Nashiri testify in a closed pretrial hearing about his treatment by the CIA during overseas interrogation.

The judge did not rule on the issue at the hearing because Nashiri was not called to testify.

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©2012 The Miami Herald

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