On Aug. 17, Phillips posted another blog expressing surprise at the criticism over the earlier post and said it was "ironic that the launch of an online program meant to provide facts about health insurance reform has itself become the target of fear-mongering." In his blog post, Phillips said the e-mail address that had been provided was closed down and to "consolidate the process" he urged that all feedback be instead sent through: . He also asked posters not to submit names of other individuals without their permission.

Kathryn Serkes, director of policy and public affairs for the AAPS, conceded that the lawsuit's demand that the White House destroy any information it might have collected from the public was at odds with the requirements of the Privacy Act of 1974. Under the act, the White House is prohibited from destroying any communications it receives.

"That is the dilemma here," Serkes said. One of the questions the court will have to decide is whether information that was "gathered in an illegal manner" is exempt from the requirements of the Privacy Act, she said.

The White House press office could not be immediately reached for comment.