Court Sides with TICAS in Privacy Fight

July 30, 2013

A federal court has denied a request by the U.S. Department of Education's Office of the Inspector General for a trove of emails from The Institute for College Access and Success (TICAS), a consumer protection group. The department had sought to enforce a subpoena that asked for transcripts of email messages related to for-profits. At issue is whether Robert Shireman, who founded the group, might have violated a federal ethics law by discussing pending regulations while he was working as an official at the department. 

A federal magistrate judge, in a court filing last week, said the subpoena was an overreach because TICAS has no financial or programmatic ties to the federal government. Department officials also "conveyed ambiguous messages" about the subpoena, according to the filing. And the judge wrote that investigators can talk directly to Shireman.

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