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9.25.2009

Circuit Court rules AT&T is a "person" re: a FOIA exemption

Hat tip to Virginia Coalition for Open Government.
From Law.com:

In an appeal before the 3rd U.S. Circuit Court of Appeals, the FCC argued that when Congress crafted the exemptions clauses of the Freedom of Information Act, it intended the phrase "personal privacy" to extend only to human beings.

But AT&T begged to differ, arguing that the FOIA specifically defines the term "person" to include corporations, and therefore that "Congress's choice of the adjectival form of that word -- 'personal' -- should be understood to refer to that definition."

The FCC lost their argument. AT&T was considered a "person" for the sake of this FOIA exemption apparently intended to protect a person's privacy.

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