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VIII. POST-SEPTEMBER 11 SECURITY ISSUES AND PUBLIC ACCESS TO TRANSIT REAL-TIME DATA
Pages 36-37

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From page 36...
... Pace,452 the court held may refuse to disclose real-time data because of its conthat records concerning the operation of the municipal cerns regarding public safety and security, including docks and terminals of the city concerning, inter alia, concerns about the possible use of such information by the routing of property were not subject to disclosure terrorists. According to one commentator, the states under the law providing for inspection of public records and localities would be prudent to establish policies for because the disclosure of such information would vio- posting information and possibly "rethink some of the late the Interstate Commerce Commission's rules pro- Web postings, particularly those potentially involving tecting trade secrets.
From page 37...
... 475 der the law the county had to disclose the information, Thus, "the federal statute's prohibition on disclosure it is worthwhile to note, first, the provisions of federal of protected confidential infrastructure information law on which the county relied, and, second, the court's applies only when it has been `provided to a State or analysis in determining why federal law did not apply. local government or government agency....'"476 The court noted that the federal statute at issue was Although the county also asserted a public safety inthe Critical Infrastructure Information Act of 2002 (CII terest in guarding against terrorist threats,477 the court Act)


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