Judge James Robertson of the District Court for the District of Columbia has found that the deliberative process privilege protects government records opining on various aspects of the decision to create a .xxx Internet domain. The plaintiff in the case had said the records should have been released due to the misconduct exception for otherwise deliberative information under the the deliberative process privilege. The Court, however, found that the misconduct exception was not nearly as broad as the plaintiff claimed and the government's decision making processes invoked in this case were proper--even though the government is not the ultimate decision maker in creating domain suffixes.
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