| 00:00:25 |
Unidentified Speaker, -
OF APPEALS HAS HELD
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| 00:00:28 |
Unidentified Speaker, -
STATUTORY PROTECTION FOR PERSONAL PRIVACY EXTENDS BEYOND THE PRIVACY OF INDIVIDUALS AND PROTECTS THE SO-CALLED PERSONAL PRIVACY OF CORPORATIONS. THAT...
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| 00:01:24 |
Unidentified Speaker, -
REFER TO PERSONAL JURISDICTION OVER A CORPORATION COULDN'T YOU? >> THE TERM "PERSONAL" IS SOMETIMES USED AS A TERM OF ART AND I THINK PERSONAL JURISDICTION...
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| 00:01:34 |
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TERM OF ART FOR JURISDICTION IN PERSONA. AND REFLECTS A DISTINCTION DRAWN, STILL, IN THE LAW BETWEEN CASES BROUGHT IN PERSONA, AND CASES BROUGHT...
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| 00:02:48 |
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POSITION AS WELL. THEY'RE MAKING A PERSONAL APPEARANCE. IT'S NOT SOMETHING THAT A
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| 00:02:53 |
Unidentified Speaker, -
CORPORATION DOES. A CORPORATION IS A LEGAL CONSTRUCT. IT DOESN'T EXIST AS A THING THAT CAN MAKE AN APPEARANCE. >> IN ORDINARY SPEECH THE TERM "PERSONAL"...
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| 00:03:09 |
Unidentified Speaker, -
CORPORATION. THAT'S LEGALESE. BUT IN -- BUT SINCE THE ADMINISTRATIVE PROCEDURE ACT DEFINES A PERSON TO INCLUDE A CORPORATION, WHY IS IT RELEVANT HERE...
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| 00:03:42 |
Unidentified Speaker, -
CERTAIN LEGAL CONTEXTS TO REFER TO ARTIFICIAL PERSONSS, CORPORATIONS AND THE LIKE, "PERSONAL" IS NOT. AS WE EXPLAINED IN OUR BRIEF, PERSONAL IS NOT...
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| 00:04:15 |
Unidentified Speaker, -
IT THE COMMISSION SAID THERE ARE TWO EXEMPTIONS, THE ONE FOR TRADE SECRETS, COMMERCIAL, FINANCIAL, CONFIDENTIAL INFORMATION AND THEN THERE WAS ONE WITH...
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| 00:04:38 |
Unidentified Speaker, -
COMMUNICATIONS. >> HOW DOES THE COMMISSION, UNAIDED BY AT&T, GO THROUGH THE
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| 00:04:49 |
Unidentified Speaker, -
PAPERS AND DECIDE WHAT WOULD BE EMBARRASSING FOR AN AT&T EMPLOYEE AS DISTINGUISHED FROM THE CORPORATION? >> HOW DOES IT DO THAT? >> YEAH. >> WELL,...
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| 00:05:07 |
Unidentified Speaker, -
COURT'S DECISION IS TRIES TO DETERMINE WHETHER THERE IS A PERSONAL PRIVACY INTEREST ABOUT INDIVIDUALS AND THAT IS INFORMATION THAT PERTAINS TO PARTICULAR...
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| 00:06:05 |
Unidentified Speaker, -
EMPLOYEE'S BEHALF? >> WELL, I THINK THE CORPORATION TO THE -- IN THE REVERSE FOYA CASE FOR EXAMPLE AS WE
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| 00:06:16 |
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HAVE HERE WHERE THE CORPORATION IS ALLEGING THAT THE GOVERNMENT'S DECISION MAKING PROCESSES ARE CAPRICIOUS IT HAS ARTICLE 3 STANDING TO RESIST THE...
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| 00:06:49 |
Unidentified Speaker, -
RIGHT. THAT'S THE NEXT -- THAT WAS GOING TO BE MY NEXT QUESTION. SO THE CORPORATION CAN RAISE FOIA
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| 00:06:55 |
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ON ITS OWN BEHALF. >> IT'S ACTUALLY -- LET ME TAKE A STEP
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| 00:07:05 |
Unidentified Speaker, -
BACK. FOIA ACTIONS SEEK TO INCREASE THE NUMBER OF DOCUMENTS RELEASED PURSUANT TO A FOIA REQUEST. WE HAVE ALSO REVERSE FOIA ACTIONS WHICH ARE UNDER...
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| 00:08:57 |
Unidentified Speaker, -
PRIVATE DOCUMENTS. THE CONCEPT CERTAINLY APPLIES IN THE CORPORATE CONTEXT AS IT DOES IN THE INDIVIDUAL. >> I THINK THE TERM "PRIVACY" IN THE ORDINARY...
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| 00:09:13 |
Unidentified Speaker, -
BUT ORDER NARINARY AND MOST COMMONLY USED MEANING DOES INVOKE INDIVIDUAL CONCEPTS. WHEN CORPORATIONS OR OTHER ENTITIES ARE AT ISSUE NORMALLY THE MORE...
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| 00:09:31 |
Unidentified Speaker, -
PRIVACY. WHEN WE'RE TALKING ABOUT THE RIGHT OF PRIVACY, THOSE --
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| 00:09:36 |
Unidentified Speaker, -
THAT WORD WE THINK, AGAIN, GOING BACK TO WARREN AND BRANDYCE AND UP THROUGH THE 1950s AND 196 Os WHEN THE LAW OF TORTS AND PRIVACY WERE ARGUED, THOSE...
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| 00:10:36 |
Unidentified Speaker, -
COURT HAS INDICATED THAT EXCEPTIONS ARE TO BE NARROWLY CONSTRUED.
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| 00:10:41 |
Unidentified Speaker, -
WE THINK THAT WHEN WRITING CONTEXT THOSE CASES AND OTHER CASES OF THIS COURT EXPLAIN THAT FOIA'S EXEMPTIONS ARE TO BE GIVEN MEANINGFUL REACH BECAUSE WHAT...
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| 00:11:35 |
Unidentified Speaker, -
OF EXEMPTION 6 AND 7-C
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| 00:11:38 |
Unidentified Speaker, -
WHERE THE PHRASE WOULD BE "AN INVASION OF PRIVACY OF ANY PERSON." WE THINK PARTICULARLY WHEN WE'RE TALKING ABOUT INVASIONS OF PRIVACY, EVEN THOUGH CORPORATION...
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| 00:12:12 |
Unidentified Speaker, -
INDIVIDUALS. >> CORRECT. >> BUT IT USES THE WORD "INDIVIDUAL PRIVACY." >> IT ACTUALLY USES BOTH PHRASES. IT USES AS WE EXPLAIN IN OUR
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| 00:12:21 |
Unidentified Speaker, -
BRIEF THE PHRASE "PERSONAL PRIVACY" TO EXPLAIN THAT'S
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| 00:12:24 |
Unidentified Speaker, -
WHAT THE ACT WAS PROTECTING AND THEN WITHIN THE FIRST PORTIONS OF THE ACT IT USES "INDIVIDUAL" BUT DOES SO FOR A VERY SPECIFIC REASON. CONGRESS WAS...
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| 00:13:17 |
Unidentified Speaker, -
AMBIGUITY, IF A TERM CAN BE GIVEN TWO MEANINGS, AND IT'S NOT CLEAR, AND I KNOW YOU'RE CHALLENGING THE CLARITY QUESTION HERE, I THOUGHT THAT CONGRESS'S...
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| 00:13:54 |
Unidentified Speaker, -
AT ISSUE HERE PROTECT VERY IMPORTANT VALUES THAT CONGRESS DEEMED TO WARRANT EXCEPTION FROM THE RULE. SO IF THE COURT WERE TO PUT A THUMB ON ONE SCALE...
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| 00:14:19 |
Unidentified Speaker, -
THAT CONGRESS HAS MANY OBJECTIVES IN ANY LEGISLATION AND THAT THE LIMITATIONS ARE AS IMPORTANT AS THE SUBSTANTIVE END, NONETHELESS, WHEN HAVING APPLIED...
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| 00:14:58 |
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NARROW CONSTRUCTION IN THIS CASE. >> OKAY. THE GOVERNMENT WANTS TO ABANDON THE PRINCIPLE WE'VE SET FORTH IN
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| 00:15:06 |
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OUR CASES. THAT EXCEPTIONS TO FOIA ARE TO BE NARROWLY CONSTRUED. THE GOVERNMENT DOES NOT SUPPORT THAT. >> WE DO NOT EMBRACE THAT PRINCIPLE. >> EVEN...
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| 00:15:20 |
Unidentified Speaker, -
ARE TWO LINES OF THIS COURT'S DECISIONS. SOMETIMES THE COURT EXPLAINS EXCEPTIONS ARE NARROWLY CONSTRUED AND SOMETIMES THE COURT EXPLAINS
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| 00:15:27 |
Unidentified Speaker, -
THAT ITS DECISIONS HAVE GIVEN THE EXCEPTIONS PRACTICAL REACH IN ORDER TO STRIKE THE APPROPRIATE BALANCE THAT CONGRESS HAS TRIED TO STRIKE IN FOIA. ...
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| 00:15:56 |
Unidentified Speaker, -
YOUR INTEREST TO SAY, YES. THAT HAS BEEN THIS COURT'S PRECEDENT, THAT FOIA EXCEPTIONS ARE TO BE NARROWLY CONSTRUED. >> WELL THE GOVERNMENT HAS BROUGHT...
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| 00:16:13 |
Unidentified Speaker, -
CASE. BUT AGAIN, THAT WOULD ONLY HELP THE GOVERNMENT'S POSITION IF YOU WERE TO DISAGREE. >> I'M NOT GOING TO HELP THE GOVERNMENT'S POSITION IF THE GOVERNMENT...
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| 00:16:25 |
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YOU PUT YOURSELF. >> AND WE ACCEPT THAT IN THIS CASE AND WE THINK THAT THE LANGUAGE PARTICULARLY WHEN READ IN
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| 00:16:32 |
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CONTEXT, IN LIGHT OF THE STATUTORY HISTORY, AND PARTICULARLY WHEN YOU TAKE A LOOK AT WHAT'S GONE ON SINCE 1974, I MEAN, IN THE MORE THAN 35 YEARS...
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| 00:16:55 |
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CONTEXTS FAMILY MEMBERS, AND AS THIS COURT DECIDED IN FABBISH, CAN HAVE A
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| 00:17:01 |
Unidentified Speaker, -
RIGHT TO PERSONAL PRIVACY, BUT THE COURT RECOGNIZED THAT THAT WAS A VERY, YOU KNOW, SIGNIFICANT DEPARTURE FROM THE PRIOR UNDERSTANDING THAT THE RIGHT...
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| 00:17:42 |
Unidentified Speaker, -
INDIVIDUALS. I MEAN, THOSE ARE INDIVIDUAL -- >> I THINK IT'S AN INDIVIDUAL MEMBER OF THE
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| 00:17:48 |
Unidentified Speaker, -
FAMILY HAS A PERSONAL PRIVACY INTEREST BY VIRTUE OF THEIR RELATIONSHIP TO
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| 00:17:53 |
Unidentified Speaker, -
THE DECEDENT IN FABBISH. LET ME GO BACK. I THINK I WOULD BE REMISS IF I DIDN'T REMARK UPON THIS COURT'S DECISION. >> EXCUSE ME. BUT TO GO BACK TO...
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| 00:18:08 |
Unidentified Speaker, -
THAT THE INDIVIDUALS WHO FORMED THE CORPORATION, THE OFFICERS AND THE EMPLOYEES, ARE PROTECTED BY THE RIGHT OF PERSONAL PRIVACY AND INDEED YOU...
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| 00:18:35 |
Unidentified Speaker, -
PERTAINS TO THEM. NOW, GOING
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| 00:18:37 |
Unidentified Speaker, -
TO THE AMERICAN EXPRESS CASE, WHICH WE EXPLAINED IN OUR REPLY, I THINK THAT IS FATAL TO THE PROPOSITION THAT THE PROPOSITION OF AT&T THAT THERE IS A GRAM...
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| 00:21:25 |
Unidentified Speaker, -
BY THE FBI, AND A FOIA REQUEST IS MADE FOR RECORDS RELATED TO THAT INVESTIGATION, WOULD THE NAME OF THE INDIVIDUAL NOT BE TURNED OVER? >> WELL, IF...
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| 00:21:46 |
Unidentified Speaker, -
YES. >> I DON'T -- I CAN'T SAY DEFINITIVELY BUT I THINK I CAN PROBABLY ANSWER THIS THAT EVEN -- EVEN ANSWERING THE
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| 00:21:54 |
Unidentified Speaker, -
QUESTION OF WHETHER THERE IS A RESPONSE OF RECORD ANSWERS THE QUESTION. >> WELL, THAT'S THE POINT. SO REALLY YOUR ADVERSARY IS SAYING THAT THE SAME HARM...
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| 00:22:05 |
Unidentified Speaker, -
OCCURS TO AN INDIVIDUAL, PUTTING ASIDE THE DIFFICULTY OF DEFINING PRIVACY MORE BROADLY, THE SAME HARM THAT OCCURS TO AN INDIVIDUAL WHO IS DISCLOSED...
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| 00:22:44 |
Unidentified Speaker, -
THERE. FOR INSTANCE, AT&T HAS RELIED UPON THE COMMON LAW OF DEFAMATION WHERE A CORPORATION'S BUSINESS INTEREST, BUSINESS REPUTATION IS IMPLICATED....
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| 00:23:04 |
Unidentified Speaker, -
AT&T, THERE WAS A SETTLEMENT AGREEMENT IN WHICH THEY DID NOT ADMIT ANY WRONGDOING. >> BUT THAT PRESUPPOSES
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| 00:23:10 |
Unidentified Speaker, -
SOME SORT OF INVESTIGATION. SO THAT'S PUBLIC KNOWLEDGE. >> THAT IS PUBLIC KNOWLEDGE. BUT I THINK THE KEY
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| 00:23:17 |
Unidentified Speaker, -
POINT IS THAT THE CORPORATE -- A CORPORATION'S INTERESTS IN
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| 00:23:21 |
Unidentified Speaker, -
MAINTAINING ITS BUSINESS REPUTATION HAS BEEN NOT REGARDED AS A PERSONAL PRIVACY INTEREST. IT'S TRUE THAT THEY HAVE INTERESTS AND FOIA PROTECTS THOSE INTERESTS,...
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| 00:24:20 |
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WHETHER ANY ORGANIZATION INCLUDING NOT ONLY BUSINESS CORPORATIONS LIKE AT&T BUT ALSO NONPROFIT ORGANIZATIONS AND POLITICAL ASSOCIATIONS SHOULD BE CATEGORICALLY...
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| 00:24:58 |
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BY THIS PRIVACY EXEMPTION AS MR. YANG SAID, FOREIGN GOVERNMENTS, STATE AND LOCAL GOVERNMENTS, THOSE HAVE ALL -- THOSE WILL FALL UNDER THE DEFINITION...
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| 00:25:56 |
Unidentified Speaker, -
EXEMPTION 4 FOR ITS CONFIDENTIAL, FINANCIAL INFORMATION, TRADE SECRETS, AND ITS EMPLOYEES HAVE BEEN PROTECTED UNDER EXEMPTION 7. WHAT IS IT --...
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| 00:26:33 |
Unidentified Speaker, -
A SERIES OF E-MAILS AMONG CORPORATE OFFICERS. GRANTED, WHOSE OWN PERSONAL NAMES AND IDENTIFYING INFORMATION HAVE BEEN REDACTED. BUT IN THOSE E-MAILS,...
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| 00:27:04 |
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EMBARRASS THE CORPORATION IS A PRIVACY INTEREST? >> WELL, JUSTICE SCALIA, THE ANSWER IS SIMPLY THAT THESE WERE COMMUNICATIONS, CONVERSATIONS THAT...
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| 00:27:16 |
Unidentified Speaker, -
EXPECTATION OF PRIVACY BY THE INDIVIDUALS INVOLVED ON BEHALF OF THEIR EMPLOYER. AND TO THE EXTENT THAT THEY COULD BE USED TO HARM THE REPUTATION OR THE...
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| 00:27:40 |
Unidentified Speaker, -
IS INTENDED TO BE PRIVATE IS CERTAINLY SUBJECT TO THE BALANCING THAT WE'RE ASKING FOR UNDER EXEMPTION 7-C. INDEED, THAT CONGRESS PROVIDED THAT IF...
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| 00:28:07 |
Unidentified Speaker, -
ABOUT THE ADJECTIVE "PERSONAL" BUT THE PHRASE "PERSONAL PRIVACY." PERSONAL CAN INDEED APPLY TO CORPORATIONS SOMETIMES BUT THERE ARE CERTAIN PHRASES...
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| 00:29:02 |
Unidentified Speaker, -
AS INCLUDING A CORPORATION, WOULD SURPRISE MANY PEOPLE, THE PROVERBIAL PERSON ON THE STREET. >> NO, I'M NOT TALKING ABOUT THAT. I'LL GRANT YOU THAT...
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| 00:29:14 |
Unidentified Speaker, -
ALTHOUGH THE GOVERNMENT DISTINGUISHES IT BY ET MOLL ETOMOLOGY. NEVER MIND THAT. I'M TALKING ABOUT PERSONAL PRIVACY. EXAMPLES FROM THE "NEW YORK TIMES",...
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| 00:29:44 |
Unidentified Speaker, -
THOUGH IT HASN'T -- PERSONAL PRIVACY
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| 00:29:47 |
Unidentified Speaker, -
HASN'T BEEN USED IN THE MEDIA BUT YOU SAID ONE EXAMPLE IS THE TWO OFFICIALS WHO ARE SAYING UNPLEASANT THINGS ABOUT A REGULATOR AND WHAT WAS YOUR OTHER...
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| 00:30:08 |
Unidentified Speaker, -
CUSTOMER, SOME UNPLEASANT COMMENTS ABOUT AN IMPORTANT CUSTOMER OF THE CORPORATION THAT COULD THEN BE USED QUITE CLEARLY BY A COMPETITOR TO HARM THE...
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| 00:31:17 |
Unidentified Speaker, -
THIS CHANGED. IS HE ABLE TO PROTECT THAT ON THE GROUNDS OF HIS PERSONAL PRIVACY EVEN THOUGH THE EMBARRASSMENT WOULD GO TO THE ORGANIZATION AS A WHOLE?...
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| 00:31:36 |
Unidentified Speaker, -
OF THE SPECIFIC SPEAKER AND ANY IDENTIFYING INFORMATION CORRESPONDING TO HIM OR HER WOULD BE PROTECTED. >> WHY IS IT SUCH A BIG DEAL THEN TO EXTEND...
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| 00:31:49 |
Unidentified Speaker, -
INDIVIDUAL'S PRIVACY IS ALREADY GOING TO BE PROTECTED? >> INDEED, YOUR HONOR, I THINKTHAT IS OUR POSITION, THAT THE PERSONAL PRIVACY OF THE CORPORATION...
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| 00:32:02 |
Unidentified Speaker, -
AFFECTED BY SUCH DISCLOSURE. >> NO, I MEAN YOU'RE ALREADY PROTECTED AT LEAST TO A SIGNIFICANT EXTENT BECAUSE THE INDIVIDUAL OFFICERS WOULD BE ABLE...
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| 00:32:10 |
Unidentified Speaker, -
A PRIVACY INTEREST, TO THE EXTENT AT LEAST THAT WHAT YOU FIND EMBARRASSING TO THE CORPORATION IS ALSO INDIVIDUALLY EMBARRASSING TO THEM. >> RIGHT,...
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| 00:32:28 |
Unidentified Speaker, -
BUT THE SUBSTANCE OF THEIR COMMENTS WOULD CERTAINLY BE DISCLOSED UNDER THE GOVERNMENT'S VIEW. >> ARE THERE ANY EXAMPLES THAT YOU HAVE? THAT IS, IN...
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| 00:32:40 |
Unidentified Speaker, -
THE JUSTICE DEPARTMENT OR SOME OTHER LAW ENFORCEMENT AGENCY COMPILED A FILE FOR LAW ENFORCEMENT PURPOSES THAT IN THAT FILE THERE WERE FOR WHATEVER...
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| 00:33:20 |
Unidentified Speaker, -
35 YEARS. >> ONE REASON MIGHT BE THAT THIS HAS NEVER REALLY BEEN A PROBLEM BECAUSE ALL THE LEGITIMATE OR MOST OF THEM ANYWAY THAT THESE
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| 00:33:27 |
Unidentified Speaker, -
ORGANIZATIONS HAVE BEEN IN PRIVACY HAVE BEEN TAKEN CARE OF BY THE OTHER 17 EXEMPTIONS HERE. ANOTHER REASON MIGHT BE THAT NOBODY EVER THOUGHT PERSONAL...
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| 00:33:44 |
Unidentified Speaker, -
TALKING ABOUT. I'M NOT SAYING YOU DON'T HAVE ONE. I WOULD LIKE TO KNOW IF YOU FOUND ANY AND WHAT THEY ARE SO I CAN READ THEM. >> YOUR HONOR WE HAVEN'T...
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| 00:34:04 |
Unidentified Speaker, -
IN RECENT PAST, THERE ARE REALLY THREE REASONS. ONE IS THAT EXEMPTION 4, WHICH MR. YANG DISCUSSED, HAS BEEN INCREASINGLY NARROWED BY THE COURTS OF APPEALS...
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| 00:34:41 |
Unidentified Speaker, -
TOP STRATEGY OF THE NRDC, CONFIDENTIAL STRATEGY. THAT THERE MIGHT NOT BE TOO MANY SUCH RECORDS. ANOTHER REASON MIGHT BE THEY DON'T REALLY CARE. ANOTHER...
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| 00:35:18 |
Unidentified Speaker, -
THE FIRST ONE? AND WHAT'S THE EMPIRICAL STATUS? >> I CANNOT POINT YOU TO SPECIFIC EXAMPLES. THEY'RE SORT OF HARD TO FIND IN THE
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| 00:35:32 |
Unidentified Speaker, -
SENSE THAT THEY ARE -- THEY'RE NOT TYPICALLY LITIGATED AND THEY CERTAINLY HAVEN'T BEEN LITIGATED UNDER THIS EXEMPTION BEFORE. BUT I THINK THE OTHER...
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| 00:36:13 |
Unidentified Speaker, -
OF EXEMPTION 7? I MEAN, ONE OF THE ITEMS THAT DOESN'T WORK IN YOUR FAVOR WAS THE ATTORNEY GENERAL'S MEMORANDUM AT THE TIME OF THE '74 AMENDMENT. >>...
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| 00:36:34 |
Unidentified Speaker, -
MEMORANDUM WAS THAT OF ATTORNEY GENERAL CLARK, WHICH READ PERSONAL PRIVACY -- >> I'M TALKING ABOUT THE ATTORNEY GENERAL LEVY'S -- >> RIGHT. AND THAT...
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| 00:36:48 |
Unidentified Speaker, -
1974. AND THAT
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| 00:36:50 |
Unidentified Speaker, -
WAS AN INTERPRETIVE GLOSS ON THE RECENT AMENDMENTS. AND SO AT THE TIME THAT CONGRESS ENACTED THE AMENDMENTS BOTH UNDER THE PRIVACY ACT AS WELL AS EXEMPTION...
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| 00:37:20 |
Unidentified Speaker, -
OF THE FEDERAL GOVERNMENT WHAT THIS NEW STATUTE MEANT, TAN HADAND IT HAD A LOT OF AMBIGUITIES IN IT, IF THAT WAS WRONG ABOUT THIS SUBJECT, YOU'D HAVE...
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| 00:37:51 |
Unidentified Speaker, -
OR DESCRIPTION OF THE ANALYSIS. IT SIMPLY SAID, IT DOES NOT APPEAR OR DOES NOT SEEM TO APPLY TO CORPORATIONS. AND IT'S ABSOLUTELY TRUE. THIS ISSUE...
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| 00:38:37 |
Unidentified Speaker, -
THIS EXCEPTION WAS MEANT TO INCLUDE CORPORATIONS? I WOULD THINK THE LATTER IS WHERE THE BURDEN LIES IN THIS CASE. >> WELL, JUSTICE SCALIA, OUR BURDEN...
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| 00:38:52 |
Unidentified Speaker, -
AN INTENT TO EXCLUDE CORPORATIONS. I DON'T THINK THAT'S THEIR BURDEN. I THINK
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| 00:38:56 |
Unidentified Speaker, -
IT'S YOUR BURDEN TO SHOW THAT THIS EXEMPTION WAS INTENDED TO INCLUDE CORPORATIONS. >> I AGREE, YOUR HONOR, THAT WE ARE -- OUR BURDEN IS TO DEMONSTRATE...
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| 00:39:09 |
Unidentified Speaker, -
CORPORATIONS. I THINK ONE OF THE BACKGROUND FACTS IS THAT THERE IS NO INDICATION THAT ANYONE THOUGHT THAT IT WAS NOT TO BE INCLUDED. BUT LET ME --...
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| 00:39:23 |
Unidentified Speaker, -
STATUTE MUST INCLUDE CORPORATE. I TRIED TO SIT DOWN AND COME UP WITH OTHER EXAMPLES WHERE THE ADJECTIVE WAS VERY DIFFERENT FROM THE ROOT NOUN. IT...
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| 00:40:08 |
Unidentified Speaker, -
THE GOVERNMENT HAS NOT PROPERLY CHARACTERIZED IT, CERTAINLY IN THEIR REPLY BRIEF. WE DO NOT AGREE OR WE DO NOT SIGN ON TO THE TERM GRAMMATICAL IMPERATIVE...
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| 00:41:17 |
Unidentified Speaker, -
OVERSIGHT WHERE THEY GIVE DOZENS AND DOZENS OF EXAMPLES TO SHOW THAT OVERWHELMINGLY PERSONAL IS USED TO DESCRIBE AN INDIVIDUAL, NOT AN ARTIFICIAL BEING....
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| 00:41:43 |
Unidentified Speaker, -
TO DESCRIBE AN INDIVIDUAL AND CAN ONLY BE UNDERSTOOD IN THAT CONTEXT. THE TRUTH IN LENDING ACT ARGUMENT THAT THEY GOVERNMENT MADE IN ITS REPLY BRIEF...
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| 00:42:43 |
Unidentified Speaker, -
THE SAME PHRASE PHRASE, UNWANTED INVASION OF PERSONAL PROPERTY? WHAT WOULD YOUR READ DOG TO EXEMPTION SIX? AND HOW WOULD WE CREATE OR EVEN MAKE SENSE...
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| 00:43:04 |
Unidentified Speaker, -
EXEMPTION SIX. AND THE SIMPLE REASON IS THAT WHILE THE WORDS PERSONAL PRIVACY AND EXEMPTION SIX DO MEAN, AND WE AGREE WITH THE ATTORNEY GENERAL CLARK...
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| 00:43:53 |
Unidentified Speaker, -
OVERLAP WITH INDIVIDUAL PRIVACY, OBVIOUSLY IT HAS TO IF YOU'RE GOING TO GIVE MEANING TO PERSONAL PRIVACY. DON'T WE HAVE TO GIVE MEANING TO SIMILAR...
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| 00:44:13 |
Unidentified Speaker, -
TWO BENCHMARKS THAT ARE EXPRESSLY PROVIDED. PERSONNEL AND MEDICAL. SO THE KINDS OF FILES ARE LIMITED TO THE SORTS OF FILES IN WHICH THE INDIVIDUAL...
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| 00:47:28 |
Unidentified Speaker, -
ARTICULATED IN PAGE 14 OF ITS BRIEF. THERE AT&T SAYS, QUOTE, BY EXPRESSLY DEFINING THE NOUN, QUOTE, PERSON, UNQUOTE TO INCLUDE CORPORATIONS, CONGRESS...
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| 00:48:50 |
Unidentified Speaker, -
SUBMITTED. >>> LISTEN TO HISTORIC SUPREME COURT CASES ON C-SPAN RADIO.
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.