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March 13, 2000

News Organizations File Suit Over Remote Sensing Imagery Restrictions


The U.S. government and commercial industry interests are squaring off in a battle over who can have access to high-resolution pictures taken from space by commercial satellites. The National Association of Broadcasters and the Radio, Television News Directors Association, have filed an objection with the U.S. government, saying that federal rules violate the First Amendment. The “words of the policy directive enables our government to shut [satellite firms] down under any pretext," said Kathy Kirby, of Wiley, Rein & Fielding, a Washington communications law firm. Advocates for the remote-sensing industry complain there are too many federal restrictions on what a company can or cannot do with pictures from commercial satellites. For example, it is unclear whether the U.S. government would restrict remote-sensing images that are sold to U.S. firms by foreign companies. Industry advocates argue that the restrictions are too vague and fail to define the conditions under which the U.S. government can exercise ‘shutter control’. "An eye in the sky is no different than a camera anywhere on Earth," said Dan Dubno, a producer at CBS News, "the U.S. government is restricting our right to tell stories that Americans can hear about.” The debate will only get more complicated as companies in France, India, Israel and the British Cayman Islands launch high resolution imagery satellites. By 2003 at least 11 companies from five countries are expected to have remote-sensing satellites in orbit that are of “spy” satellite quality.

In 1994, a presidential directive was issued ordering U.S. satellites to stop taking pictures in "periods when national security or international obligations and/or foreign policies may be compromised." In 1997, the U.S. Congress passed legislation which said that U.S. companies could not provide images of Israel that were more detailed than those already available commercially from foreign firms, Israel being the only country mentioned by name. Recently, the White House released an inter-agency agreement that allowed the U.S. Secretaries of State or Defense to restrict companies from distributing and gathering images over any area deemed important to U.S. national security.
      


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March 27, 2000

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