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CDC data are disappearing

(www.theatlantic.com)
749 points doener | 12 comments | | HN request time: 2.238s | source | bottom
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timhigins ◴[] No.42905092[source]
Removing these records from the public internet could likely be considered illegal under the OPEN Government Data Act, 44 U.S.C. § 3506:

> (d) With respect to information dissemination, each agency shall— (3) provide adequate notice when initiating, substantially modifying, or terminating significant information dissemination products; (4) not, except where specifically authorized by statute— (A) establish an exclusive, restricted, or other distribution arrangement that interferes with timely and equitable availability of public information to the public; (B) restrict or regulate the use, resale, or redissemination of public information by the public

If these datasets were actually permanently deleted then the incident should be investigated by NARA [1]. The people responsible could be charged with a crime under 18 U.S.C. § 2071: > (b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.

1. https://www.archives.gov/records-mgmt/resources/unauthorized...

replies(4): >>42905145 #>>42905214 #>>42905460 #>>42905554 #
1. juujian ◴[] No.42905145[source]
Damage done, mission accomplished... If you do something illegal and can get away with it relatively unscathed, then it isn't in practice illegal.
replies(2): >>42905488 #>>42906000 #
2. astrange ◴[] No.42905488[source]
How do you know you've gotten away with it? That takes the rest of your life. (Well, statute of limitations.)
replies(3): >>42905539 #>>42905752 #>>42933164 #
3. viraptor ◴[] No.42905539[source]
It's going to be a couple months at most. If it's not punished immediately, it's practically legal with the current gov. And the next one will have way bigger things to unfuck than some missing documents.
replies(1): >>42907967 #
4. thanhhaimai ◴[] No.42905752[source]
The question becomes: Is this crime pardonable? If yes, how likely the current administration will pardon those people?
replies(1): >>42906118 #
5. dataflow ◴[] No.42906000[source]
Who would even prosecute? State attorneys general?
6. astrange ◴[] No.42906118{3}[source]
They can't do anything about state AGs. Federalism is kind of silly but it works out here.
replies(1): >>42906222 #
7. alwa ◴[] No.42906222{4}[source]
Can state AGs prosecute federal crimes, like this one?
replies(2): >>42907075 #>>42911618 #
8. astrange ◴[] No.42907075{5}[source]
No, but if it affects someone in the state there's usually something to get them on.
9. latexr ◴[] No.42907967{3}[source]
> And the next one will have way bigger things to unfuck than some missing documents.

Assuming there is going to be a next one which isn’t wholly aligned with the current one. That’s far from a given.

replies(1): >>42923989 #
10. johnnyanmac ◴[] No.42911618{5}[source]
My understanding is that anyone can sue anyone in theory. Ideally, yes.

In practice, the State AG's are one of the most respectable powers to sue for a federal law being broken, which would then go to federal court. Ideally the SCOTUS would step in itself and injunction all this stuff so it doesn't get to this point, but Trump sure is working them overtime.

11. astrange ◴[] No.42923989{4}[source]
The federal government has no control over the elections that replace it.
12. zellyn ◴[] No.42933164[source]
Trump is just going to blanket pardon anyone involved.