“Talking points” aren’t deliberative documents, interagency memos, or documents containing sensitive personal information [b(5), b(6)]. Neither are they documents that might expose law enforcement sources or investigative techniques [b7(D) and 7(E)].They are exactly what the name says they are: points to be used when discussing these issues in Congressional hearings or during press conferences. They are indicative of the public stances the FBI takes on certain issues. There’s nothing secret about them, or at least there shouldn’t be.
As you may know, we’ve been covering the story of Mississippi Attorney General Jim Hood and his campaign against Google. A few years ago, we noted how bizarre it was that Hood and other state Attorneys General seemed to be blaming Google for all kinds of bad things online. It seemed to show a fundamental lack of understanding about how the internet (and the law!) worked. Of course, things became somewhat more “understandable” when emails leaked in the Sony Hack revealed that the MPAA had an entire “Project Goliath” designed around attacking Google, and the centerpiece of it was funding Jim Hood’s investigation into Google, including handling most of the lawyering, writing up Hood’s letters to Google and even the “civil investigative demand” (CID — basically a subpoena) that he could send.
Hood lashed out angrily about all of this, even as the NY Times revealed that the metadata on the letter he sent Google showed that it was really written by top MPAA lawyers. Hood continued to angrily lash out, demonstrating how little he seemed to understand about the internet. He made claims that were simply untrue — including pretending that Google would take users to Silk Road, the dark market hidden site that could never be found via a Google search. Hood also dared reporters to find any evidence of funding from Hollywood, and it didn’t take us long to find direct campaign contributions to his PAC from the MPAA and others.
Given all of this, we filed a Mississippi Public Records request with his office, seeking his email communications with the MPAA, its top lawyers and with the Digital Citizens Alliance, an MPAA front-group that has released highly questionable studies on “piracy” and just so happened to have hired Hood’s close friend Mike Moore to lobby Hood in Mississippi. Moore was the Mississippi Attorney General before Hood and helped Hood get into politics.
We’ve had to go back and forth with Hood’s office a few times. First, his office noted that Google had actually filed a similar request, and wanted to know if we were working for Google in making the request. We had no idea Google made such a request and certainly were not working on behalf of Google in making our request — but Hood’s office helpfully forwarded us Google’s request, which was actually a hell of a lot more detailed and comprehensive than our own. This actually is helpful in pointing to some other areas of interest to explore.
However, after some more back and forth, Hood’s office first said that it would refuse to share the emails between Hood and the MPAA’s lawyers as they “constitute attorney-client communications” or “attorney work product” and that finding the rest of the emails would… require an upfront payment of $2,103.10