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  • 14
    Feb
    2013
    2:47pm, EST

    Mystery company so far successful in court battle to quash consumer complaint

    Consumer advocates are outraged over the success a mystery company is having in keeping secret not only its identity but also the nature of a complaint against it and even what kind of product it makes, Fair Warning says in an update on the case.


    Follow @openchannelblog

    The case, which NBC News’ Bob Sullivan wrote about in Red Tape Chronicles a year and a half ago, involves a consumer-complaints database launched by the Consumer Product Safety Commission.  The database, available through the website SaferProducts.gov, is intended to make it easier to find consumer complaints about products and services.

    “For the first time, relatively raw complaints -- not complaints vetted or confirmed by the government agency – were made public,” Sullivan wrote at the time.

    But that didn’t sit well with “Company Doe,” which sued the commission to prevent release of a complaint against it.


    Company Doe has so far succeeded, with a federal judge last July blocking the commission from posting the complaint and allowing the company to remain anonymous, Fair Warning reported. What’s more, large sections of the judge’s ruling were itself blacked out.

    Then the commission decided not to appeal, so consumer groups in December asked an appeals court to intervene, saying the secrecy violated the public’s right to information. Now Company Doe is challenging the consumer groups’ right to appeal.

    Read more in Fair Warning’s report.    

    More from Open Channel:

    • GAO: Climate change poses big financial risk to federal government
    • Koch-funded charity passes money to free-market think tanks in states
    • Death takes no holiday: Tracking gun violence over one long January weekend

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    3 comments

    Not the first time Gov. covers up embarrasing situations at www.ripoffreport.com type State of North Dakota and see what their doing to disabled veteran.

    Show more
    Explore related topics: complaints, consumer, government, database, saferproducts-gov
  • 28
    Jan
    2013
    4:48am, EST

    Obama campaign gives database of millions of supporters to new advocacy group

    /

    Obama supporters like this woman who showed up to cheer at a campaign event in Melbourne, Fla., on Sept. 9, may not realize how much personal data the organization collected, or what it's doing with it now.

    By Michael Isikoff, National Investigative Correspondent, NBC News

    President Barack Obama’s presidential campaign has turned over its most valuable asset — a massive computer database containing personal data on millions of American voters — to a new advocacy group created to advance the White House agenda on issues ranging from gun control to immigration reform. 

    Organizing For Action (OFA), the advocacy group set up in recent weeks by the president’s top political aides, has already acquired access to the database under a leasing agreement with the Obama campaign, Katie Hogan, a former Obama campaign aide who is now serving as spokeswoman for the lobbying group, told NBC News. The information will be used to unleash an “army of the door knockers” to back the president’s legislative agenda as well as raise money for “issue ads” – particularly in crucial congressional districts, she said.  

    As an opening salvo, the group on Friday urged the president’s supporters to call members of Congress in support of Obama’s gun control proposals, even offering a sample script of what they should say.


    The creation of OFA, which is being chaired by former Obama campaign manager Jim Messina, is stirring controversy – both among public interest groups over the group’s plans to accept unlimited corporate donations, and among privacy advocates over the transfer of the database.

    “It’s extremely worrisome,” said Lillie Coney, associate director of the Electronic Privacy Information Center, noting that Obama campaign supporters likely have no idea that personal data they voluntarily shared with the campaign has now been transferred and is being used for purposes beyond the election.

    Dubbed the “nuclear codes” by campaign aides, the Obama campaign database is widely described as one of the most powerful tools ever developed in American politics. According to published reports, it contains the names of at least 4 million Obama donors – as well as millions of others (the campaign has consistently refused to say how many) compiled from voter registration rolls and other public databases. In addition, the campaign used sophisticated computer programs — with code names like “Narwhal” — to collect information through social media: Anybody who contacted the campaign through Facebook had their friends and “likes” downloaded. If they contacted  the campaign website through mobile apps, cellphone numbers and address books were downloaded. Computer “cookies” captured Web browsing and online spending habits.

    “I can’t think of anything that rivals this data,” said Coney, noting that much of the data was voluntarily supplied by voters, something that consumers are often reluctant to do when dealing with commercial companies. “The private sector would love to be able to do what the (Obama) campaign was able to do.”  

    OFA spokeswoman Hogan said that Obama supporters have the option in emails they receive of opting out — or unsubscribing — from the list, as required by federal law. But critics say that is not necessarily an option for information collected about voters through other means (such as public databases) and note that many on the list likely don’t notice the “unsubscribe” fine print on the emails.

    At the same time, OFA’s plans for corporate-backed lobbying of Congress have spurred sharp criticism from campaign reformers — a cause the president once championed. Fred Wertheimer, president of Democracy 21, a leading reform group, called OFA “dangerous and unprecedented,” noting that it has been set up under the same section of the tax code used by controversial GOP advocacy groups, such as Karl Rove’s Crossroads GPS (as a 501(c)(4) “social welfare” nonprofit organization). This will allow the group to accept unlimited donations from wealthy individuals and corporations.

    “With his decision to allow corporations to fund the new organizations that will operate as an arm of his presidency, President Obama has ‘given a green light to a new stampede of special interest money,’” said Wertheimer in a statement that quoted Obama’s own words two years ago to denounce the Citizens United Supreme Court decision striking down  many campaign finance limits. “This would take President Obama about as far away as he could possibly get from the goal he set in 2008 to change the way business is done in Washington.” 

    Related: Nonprofit spends big on politics despite IRS limitation

    In response to a request for comment, a White House spokesman emailed recent comments by top Obama political adviser David Plouffe to ABC’s George Stephanopoulos: “Yes, we will voluntarily disclose all of our donors,” Plouffe said. “And we're very excited. The people who actually made the president's campaign in both '08 and '12, our great grassroots volunteers, were pretty clear after the election they wanted to stay with it and they want to be out there organizing, driving message, holding people accountable on issues like immigration, you know, the deficit and jobs, gun safety.”

    But how much the group will disclose about the source of its money is still unclear. There is no legal requirement for a 501(c)(4) group like OFA to do so. Hogan, the OFA spokeswoman, declined to say how often the group will make disclosures or whether it will report amounts that donors give or simply provide a list of contributors. (Such a list -- without amounts detailed -- was recently released by the Presidential Inaugural Committee.) “That’s still being worked out,” she said.

    As if to underscore the role of major corporations in helping to underwrite OFA, the unveiling of the group came at a special invitation-only event on inaugural weekend at the Newseum, sponsored by Business Forward, a corporate-backed trade group close to the White House, according to a Politico account. Business Forward -- whose charter members include Citi, Dow Chemical, Duke Energy, Ford, Google and Comcast, majority-owner of NBCUniversal, parent company of NBC News -- had lobbied for the White House-backed fiscal cliff deal, specifically touting its tax breaks for businesses, such as write-offs for new capital investment and research and development credits, according to a statement on the group’s website.

    “We need you. This president needs you,” Messina said at the launch event, according to the Politico account, adding that the national advisory board of OFA will be “filled with people in this room.”  

    One corporate executive who attended the event told NBC News the roll out -- which featured a spirited talk by former President Bill Clinton on gun control -- drew numerous major Obama campaign bundlers and fundraisers, such as Obama campaign finance chairman Mathew Barzun (now reportedly a front-runner to be tapped for ambassador to the Court of St. James) and finance director Rufus Gifford.

    “My takeaway from this was that they set this up to take advantage of the Citizens United decision and operate this outside the Democratic National Committee so they won’t have to file (election) reports,” said the executive, who asked not to be identified.

    Hogan, the OFA spokeswoman, said that OFA will not run campaign ads — only “issue” ads that do not fall under the election laws.

    But the underlying political purpose of the group is not disputed. “The way it’s organized, we legally can’t participate in elections,” Stephanie Cutter, a top Obama campaign official who now serves on the board of OFA, said at a recent Politico-sponsored inaugural event. “But that doesn’t mean the issues we’re organizing around won’t mobilize the American people to vote for things — to vote for that economy we’ve been working for, to vote for immigration reform, to vote for common sense gun reforms. I think we can affect elections, we just can’t legally be involved in them — for this particular organization.”

    More from Open Channel:

    • Fiscal cliff, elections boost spending on lobbying
    • Gazing into 'dark pools,' the high-tech tool that enables insider stock trading
    • Dermatologists blast tanning industry campaign to play down skin cancer fears

    Follow Open Channel from NBCNews.com on Twitter and Facebook

     

    1183 comments

    This Obama administration will do anything to circumvent democracy. People are starving, and this dictator is only concerned about 'pushing his agenda'.

    Show more
    Explore related topics: campaign, election, barack-obama, database, featured, citizens-united, organizing-for-action
  • 10
    Nov
    2011
    3:07pm, EST

    Warning accompanies restoration of 'bad docs' database

    By Mike Brunker, Investigations Editor, NBC News
    NBCNews.com

    A database of disciplinary action against doctors and other medical professionals that was closed in September has been restored, but with new restrictions intended to prevent reporters from using it to “out” individual doctors with troubled track records.

    As detailed almost two months ago in Open Channel, the Health Resources and Services Administration, or HRSA, an agency of the Department of Health and Human Services, eliminated access to the National Practitioner Data Bank after discovering that reporters had managed to link the data, which masks identifying information, to local malpractice cases and disciplinary cases.

    The New York Times reported Thursday that it was taken down “in response to a doctor’s complaint,” and ProPublica published this account.

    In any case, HRSA on Wednesday restored the database, but with a new requirement that anyone who uses it agrees not to cross-check it against other public information, such as court files, to put names to the numbers.

    Related story: Secretive lawsuit could limit access to safety warnings

    In a statement accompanying the restoration, HRSA Administrator Mary K. Wakefield said that the database remains an important tool “to protect patients from incompetent, unprofessional, and often dangerous health care practitioners.” But noting that federal law restricts the confidential information identifying individual doctors, she said that if the agency discovers a journalist or other individual has used the public version in combination with other sources to identify a problem doctor, “HRSA will ask for the data to be returned.”

    Her statement provided no details on how such a demand would work, but it presumably it would occur only after publication of a story linking the data to an individual doctor.

    The Times quoted Charles Ornstein, president of the Association of Health Care Journalists and a reporter with the nonprofit investigative news organization ProPublica, as saying that's one reason the rule appears to lack teeth.

    “It’s troubling that a federal agency is telling reporters what they can or can’t do,” he told the newspaper. “And how are they going to enforce this?”

    Submit ideas Share your story ideas with Open Channel

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    31 comments

    why are bad doctors being protected?

    Show more
    Explore related topics: doctors, malpractice, database, obama-administration
  • 15
    Sep
    2011
    5:54pm, EDT

    US data on 'bad doctors' closed to the public

    By M. Alex Johnson
    NBC News

    The Obama administration has closed public access to its database of disciplinary action against doctors and other medical professionals, basically because reporters were getting too good at using it.

    The Department of Health and Human Services compiles a National Practitioner Data Bank to centralize reports on malpractice cases and licensing board actions against individual doctors and health care companies. The idea is to make it harder for practitioners who've been hit with disciplinary actions or malpractice judgments to move to other states and get new licenses. 

    Four times a year, HHS has published a version of the database to the public. Because the database is supposed to be confidential, it's scrubbed of names, addresses and other information that patients, lawyers and reporters could use to identify who's in it. Still, because it provides a wealth of aggregate information, the quarterly summary has been a regular source of medical stories for a quarter-century. (As recently as June, the database was generating stories like this one, reporting that half of U.S. malpractice payments involve patients seen outside a hospital.)

    Or at least it did until this month, when HHS' Health Resources and Services Administration added this sentence to the databank's Web page:

    The NPDB Public Use Data File is not available until further notice.

    The Kansas City Star says it's largely to blame, reporting that HRSA took the action "shortly after it learned The Kansas City Star planned to use its reports" for a story on doctors who have frequently been accused of malpractice but who have escaped the attention of the Kansas or Missouri medical boards.

    An HRSA spokesman told the Star that while the agency was bound by federal law to keep the data confidential, reporters had been able to "triangulate on data bank data" to put names to reports.

    • Health news from msnbc.com

    Journalism and health care advocacy groups said they were troubled by what they characterized as a retreat from government openness by the Obama administration. 

    Three of them — the Association of Health Care Journalists, Investigative Reporters and Editors and the Society of Professional Journalists — fired off a letter to the administration (.pdf) protesting removal of "a data resource that has been available for years to the general public, the media and researchers" and what they characterized as HRSA's "intimidation" of a Star reporter, citing a letter the agency sent to the paper (.pdf).

    HRSA told the St. Louis Post-Dispatch by e-mail that it is reviewing its procedures for "disclosing information in a form that does not permit the identification of any particular health care entity, physician, other health care practitioner, or patient." It said public access could resume after "a thorough analysis of the data fields" to ensure confidentiality.

    72 comments

    But I thought Obama wanted a "Transparent" Government?!?!?!? If this had been Bush, Feisty and her cohorts would have been all over this!

    Show more
    Explore related topics: doctors, malpractice, database, featured, obama-administration

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