mick silver
4th January 2016, 12:36 PM
A federal judge says he has serious concerns about an unusual Wyoming trespassing law restricting photography on private lands.
The "data trespass” law passed last year gives police the power to cite people for trespassing if they step onto someone else’s land without explicit permission to gather "data" – including photographs – that they plan to give to the government. The law doesn't say someone actually has to give the data or photographs to authorities, only that they intend to. The law’s opponents say it was designed largely to thwart environmental advocates trying to document water pollution caused by ranchers.
In a 38-page ruling, United States District Judge Scott W. Skavdahl refused to dismiss the lawsuit, and said he agrees the law appears to target one group of people.
"Even though the new statutes do not address trespass in the exact manner as existing trespass laws, the court finds plaintiffs have cast doubt that the trespass statutes were passed to merely prevent trespass,” Skavdahl ruled. "Furthermore, the damages provision under the civil trespass statute appears to identify a desire to suppress particular content or viewpoint of speech.”
http://www.gannett-cdn.com/-mm-/9065941e142eb769bb76794c742e08d1e14ee558/r=300/http/www.gannett-cdn.com/-mm-/9065941e142eb769bb76794c742e08d1e14ee558/r=300/http/www.gannett-cdn.com/-mm-/8410ff3b51236004599e2bb9df2673a2db635549/c=227-0-868-641/local/-/media/2015/05/14/USATODAY/USATODAY/635672162198646776-Tetons.jpeg
USA TODAY
Wyoming law bans 'data trespassing'
(http://www.usatoday.com/story/news/nation/2015/05/14/wyoming-data-trespassing/27310567/)
The lawsuit was brought by a coalition of environmental groups, including PETA, and the National Press Photographers Association. The law also applies to what’s known in Wyoming as “open land,” which is land outside town or city boundaries, and which is often owned by the state or federal government. Critics argued the law could make it illegal for someone to snap a picture in Yellowstone National Park with the intent of entering it into a park-run photography competition.
Wyoming already had laws making trespassing illegal, but the new law goes further by creating a new kind of crime. It also allows ranchers to sue the trespasser if the data or photos they collected prompted the government to fine the rancher for environmental violations. Ranchers argue they suffer from persistent illegal trespassing and needed additional protection. The law is similar to ag-gag laws proposed in other states making it illegal to secretly photograph animal abuse. Those proposals have also been challenged in court.
The law also contains a provision requiring Wyoming state government to destroy or delete any data submitted if it was illegally collected.
Skavdahl in his ruling dismissed Gov. Matt Mead as a defendant in the case, but ruled the suit against other state and county officials could go forward
http://www.usatoday.com/story/news/nation/2016/01/04/judge-skeptical-wyo-law-suit-claims-targets-environmentalists/78080260/
The "data trespass” law passed last year gives police the power to cite people for trespassing if they step onto someone else’s land without explicit permission to gather "data" – including photographs – that they plan to give to the government. The law doesn't say someone actually has to give the data or photographs to authorities, only that they intend to. The law’s opponents say it was designed largely to thwart environmental advocates trying to document water pollution caused by ranchers.
In a 38-page ruling, United States District Judge Scott W. Skavdahl refused to dismiss the lawsuit, and said he agrees the law appears to target one group of people.
"Even though the new statutes do not address trespass in the exact manner as existing trespass laws, the court finds plaintiffs have cast doubt that the trespass statutes were passed to merely prevent trespass,” Skavdahl ruled. "Furthermore, the damages provision under the civil trespass statute appears to identify a desire to suppress particular content or viewpoint of speech.”
http://www.gannett-cdn.com/-mm-/9065941e142eb769bb76794c742e08d1e14ee558/r=300/http/www.gannett-cdn.com/-mm-/9065941e142eb769bb76794c742e08d1e14ee558/r=300/http/www.gannett-cdn.com/-mm-/8410ff3b51236004599e2bb9df2673a2db635549/c=227-0-868-641/local/-/media/2015/05/14/USATODAY/USATODAY/635672162198646776-Tetons.jpeg
USA TODAY
Wyoming law bans 'data trespassing'
(http://www.usatoday.com/story/news/nation/2015/05/14/wyoming-data-trespassing/27310567/)
The lawsuit was brought by a coalition of environmental groups, including PETA, and the National Press Photographers Association. The law also applies to what’s known in Wyoming as “open land,” which is land outside town or city boundaries, and which is often owned by the state or federal government. Critics argued the law could make it illegal for someone to snap a picture in Yellowstone National Park with the intent of entering it into a park-run photography competition.
Wyoming already had laws making trespassing illegal, but the new law goes further by creating a new kind of crime. It also allows ranchers to sue the trespasser if the data or photos they collected prompted the government to fine the rancher for environmental violations. Ranchers argue they suffer from persistent illegal trespassing and needed additional protection. The law is similar to ag-gag laws proposed in other states making it illegal to secretly photograph animal abuse. Those proposals have also been challenged in court.
The law also contains a provision requiring Wyoming state government to destroy or delete any data submitted if it was illegally collected.
Skavdahl in his ruling dismissed Gov. Matt Mead as a defendant in the case, but ruled the suit against other state and county officials could go forward
http://www.usatoday.com/story/news/nation/2016/01/04/judge-skeptical-wyo-law-suit-claims-targets-environmentalists/78080260/