-------- Original Message --------
Subject: Re: 'final' of sign-on ltr on FOIA exception]
Date: Thu, 16 Sep 2004 20:14:43 GMT
From: [log in to unmask] <[log in to unmask]>


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Hi all,

The letter that came across this list intrigued me.  The objectionable
section of the bill follows below.  It is clear that this bill applies
to precision corrected as well as terrain corrected Landsat TM and
derived products.  I cannot find any other data to which the bill
applies.  (Does anyone know of any?)  It clearly does not apply to such
privately collected data as IKONOS; such data may be sold to anyone, so
they're not covered under Sec. 1034(b)(1)(B).  It clearly does not apply
to systematic corrected Landsat TM; again, such data may be sold to anyone.

I am only assuming that IKONOS is one of the outfits granted a license
to collect data under Title 15, Chapter 82, Subchapter II (Am I right?)
-- however, I don't see anything in their product catalog (unlike
Landsat TM) that says, "we cannot sell such and such to anyone other
than USGAU."

Joe McCollum
Information Technology Specialist
Forest Inventory and Analysis


SEC. 1034. NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL SATELLITE
OPERATIONS.

(a) DISCLOSURE PROHIBITED- Land remote sensing information may not be
disclosed under section 552 of title 5, United States Code.

(b) LAND REMOTE SENSING INFORMATION DEFINED- In this section, the term
`land remote sensing information'--

(1) means any data that--

(A) are collected by land remote sensing; and

(B) are prohibited from sale to customers other than the United States
Government and its affiliated users under the Land Remote Sensing Policy
Act of 1992 (15 U.S.C. 5601 et seq.); and

(2) includes any imagery and other product that is derived from such data.

(c) STATE OR LOCAL GOVERNMENT DISCLOSURES- Land remote sensing
information provided by the head of a department or agency of the United
States to a State or local government may not be made available to the
general public under any State or local law relating to the disclosure
of information or records.

(d) SAFEGUARDING INFORMATION- The head of each department or agency of
the United States having land remote sensing information within that
department or agency or providing such information to a State or local
government shall take such actions, commensurate with the sensitivity of
that information, as are necessary to protect that information from
disclosure prohibited under this section.

(e) OTHER DEFINITIONS- In this section, the terms `land remote sensing'
and `United States Government and its affiliated users' have the
meanings given such terms in section 3 of such Act (15 U.S.C. 5602).