FOIA Advisor

FOIA News (2015-2025)

FOIA News: Recap of recent DOJ workshops

FOIA News (2015-2025)Allan BlutsteinComment

VIRTUAL BEST PRACTICES WORKSHOPS FOCUS ON FOIA ADMINISTRATION DURING COVID-19 PANDEMIC

DOJ-OIP, FOIA Post, Apr. 28, 2021

The Office of Information Policy (OIP) hosted two virtual workshops last month discussing best practices focused on Freedom of Information Act (FOIA) administration during the pandemic for both Intelligence Community (IC) and non-IC community agencies. 

During the first virtual event, OIP Director Bobby Talebian and Office of Government Information Services (OGIS) Director Alina Semo moderated a panel discussion with seasoned IC and IC-adjacent FOIA officials:  Brent Evitt, Defense Intelligence Agency; Ron Mapp, National Security Agency; Sally Nicholson, Office of the Director of National Intelligence; Michael Seidel, Federal Bureau of Investigation; and Eric Stein, U.S. Department of State.

Read more here.

FOIA News: Copyright Office proposes revision to FOIA regulations

FOIA News (2015-2025)Allan BlutsteinComment

On April 26, 2021, the U.S. Copyright Office issued a proposed rule that states, in conformity with the Copyright Alternative in Small-Claims Enforcement Act, only Copyright Claims Board “determinations, records, and information” that are published on the Office’s website and that relate to a CCB final determination are subject to disclosure under FOIA. Written public comments will be accepted through May 26, 2021.

FOIA News: Trump-obsessed FOIA requesters still busy at work

FOIA News (2015-2025)Allan BlutsteinComment

Groups see new openings for digging up dirt on Trump

By Rebecca Beitsch, The Hill, Apr. 20, 2021

Public interest groups determined to stay focused on the Trump administration say they have new openings for unearthing information now that the past government’s political appointees have departed.

Various groups that flooded the government with Freedom of Information Act (FOIA) requests say the departures have greased the wheels of various agencies’ public records shops. 

Read more here.

FOIA News: 1st Circuit hears Facebook arguments

FOIA News (2015-2025)Allan BlutsteinComment

Facebook Tells 1st Circ. To Reverse FTC Doc Release Order

Law360, Apr. 12, 2021

Facebook has urged the First Circuit to reverse an order requiring the Federal Trade Commission to respond to a Freedom of Information Act request for documents related to a $5 billion settlement with Facebook, saying dissenting comments from two FTC commissioners are not "official" disclosures triggering the official-acknowledgment doctrine. The doctrine is a three-prong test courts use to determine if a government agency or official waived a FOIA exemption by publicly discussing previously undisclosed information.

Read more here (accessible with free trial).

District court opinion and docket here.

FOIA News: Agency FOIA issues in Illinois may sound familiar to feds

FOIA News (2015-2025)Allan BlutsteinComment

The flip side of FOIA: Mountains of paper, small government staffs and — for some — an attitude problem

By Courtney Kueppers, Chicago Tribune, Apr. 9, 2021

Inside a nondescript warehouse on Chicago’s Southwest Side, rows of white-and-blue boxes sit below flickering fluorescent lights, holding a vast number of documents belonging to Cook County government.

One agency alone, the assessor’s office, has about 12,000 boxes here. Each is stuffed with roughly 40 pounds of paper, things like property assessment appeals from 2009 or certificates of error issued in 2014.

Nearly every weekday, an assessor’s office employee drives to the warehouse, signs in at the front desk, then gets to work searching for the boxes that contain records people have requested under the Freedom of Information Act.

Read more here.

FOIA News: Federal Reserve announces final FOIA rules

FOIA News (2015-2025)Allan BlutsteinComment

Federal Reserve announces final rule making technical, clarifying changes to the Federal Open Market Committee’s rules describing its Freedom of Information Act procedures

Press Release, Bd. of Gov. of the Fed. Res., Apr. 8, 2021

The Federal Reserve on Thursday announced a final rule that makes technical, clarifying updates to the Federal Open Market Committee's rules describing its Freedom of Information Act (FOIA) procedures. The final rule is generally similar to the proposal from October 2020, with a few changes in response to public comments.

Read more here.