(C) Daily Montanan This story was originally published by Daily Montanan and is unaltered. . . . . . . . . . . Constitutional questions raised regarding company anonymity in broadband comments – Daily Montanan [1] ['Nicole Girten', 'More From Author', '- July'] Date: 2023-07-12 Some private companies want to stay anonymous to comment on a plan for how Montana will use $629 million of federal broadband money. At a Communications Advisory Commission meeting Wednesday, the Department of Administration director said it would be common practice to shield their identities. All comments would be available to the public, but would require a records request, according to the DOA. “We already are hearing from companies that they’re skittish to comment because they don’t want their name released,” said DOA Director and Commission Vice Chairperson Misty Ann Giles. However, a lawyer with public information expertise said withholding the records wouldn’t be legal. And a political analyst said it’s another indication the Gianforte Administration leans toward less openness than some advocates for transparency would like. Sen. Janet Ellis, D-Helena, asked during the meeting if there had been a legal opinion on requiring records requests for public comment, given the state constitution’s “Right to Know” provision. In response, Giles said it’s common practice to redact company names, even if the information they’re sharing is not proprietary. Commission Chairperson Sen. Dan Salomon, R-Ronan, confirmed following the meeting a legal review will be conducted. However, legal experts in the state don’t agree the information can legally be hidden. Attorney Mike Meloy of the Montana Freedom of Information Hotline said he had “never” seen company names be redacted on public comments. “Any document that is submitted by a corporation may not be withheld based on the right of privacy — which is the only exception to the right to know — because the corporation does not have a right to privacy,” Meloy said. “It’s that simple.” Meloy said the document would have to meet the state’s definition of a trade secret, meaning a formula or a design, to be withheld from the Right to Know. Giles said during the meeting these are competitive companies and a private market. “We don’t want company A and company B picking on each other, and they think it’s private to us, and then all of a sudden, it’s weaponized in a different space,” Giles said. The document that received public comment was a five-year action plan on how the state will expand broadband access using $629 million from the federal government. “This company responded to a public comment request in the state of Montana where we have a right to know and a right to participate,” Ellis told the Daily Montanan following the meeting. “Maybe where they come from, there’s not that same guidance.” Ellis said a company submitted a report on geography in broadband applications, and that it was nothing akin to a trade secret. In a phone call, political analyst and media law expert Lee Banville said if there was no clear promise of anonymity prior in the submission process, then it’s all public. “The default position is towards the public, not towards the company, and it seems like DOA is leaning towards protecting the companies,” Banville told the Daily Montanan. Banville, a professor with the University of Montana School of Journalism, also said that redacting a company name would still leave a trade secret in the document. “The fact that Blackfoot Communications or Verizon proposed something isn’t particularly meaningful. It’s what they propose and the technology that they’re using. That’s the trade secret, not the name,” he said. Banville also said there’s been an “erosion of trust” regarding government transparency, especially as it relates to Republican Gov. Greg Gianforte’s administration. “When you look at some of the things they’ve done around judicial nominations – their own sort of internal communications – you don’t get the sense that they tilt as much towards openness as perhaps advocates of transparency want them to,” Banville said. Ellis said she was told the legal review would likely be completed in a few weeks. Regardless, she said she believes the public should know the different entities that are commenting and how they want to influence the project. [END] --- [1] Url: https://dailymontanan.com/2023/07/12/constitutional-questions-raised-regarding-company-anonymity-in-broadband-comments/ Published and (C) by Daily Montanan Content appears here under this condition or license: Creative Commons CC BY-NC-ND 4.0. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/montanan/