FOIA News: News Reporters Drive Growth in Media FOIA Litigation

News Reporters Drive Growth in Media FOIA Litigation

By FOIA Project Staff, The FOIA Project, Jan. 9, 2017

Whether measured in sheer numbers or as a proportion of all Freedom of Information Act suits filed in federal district courts, the number of FOIA cases brought by reporters and news organization has substantially increased during the last four years.

This recent trend is exactly the opposite of what many commentators have suggested is now occurring. As the FOIA Project previously noted, the growing financial pressures that the industry has been experiencing was thought to make marshaling resources needed to mount such suits more difficult, while others also believed that the media as a whole has simply become less willing to haul federal bureaucrats to court.

Read more here.

FOIA News: EFF accepting nominations for worst agency responses

Now Accepting Nominations for The Foilies 2017

Third Annual “Awards” Recognize the Worst in Government Transparency

By David Maass, Electronic Frontier Foundation, Jan. 9, 2017

Government transparency shouldn’t be a battle, but too often when the public wants to see what their officials are up to they’re met with resistance, hostility, obfuscation, and even retaliation.

For the third year in a row, the Electronic Frontier Foundation is soliciting submissions for “The Foilies,” our tongue-in-cheek awards for government officials who stand in the way of your right to review what they’re up to.

EFF will announce the awards during Sunshine Week, March 12-18, 2017.  In the meantime, we need your nominations.

Read more here.

Q&A: If you want to sing out, sing out.

Q.  The Department of Defense provided me with redacted documents in response to my FOIA request for a a Hotline Completion Report.  My question is whether I may now legally share the information with entities outside of the federal government, including public interest groups and the media. 

A.  Yes, you may do whatever you wish with records received via FOIA; there are no restrictions.  

Court opinions issued Jan. 6, 2017

Am. Small Bus. League v. DOD (9th Cir.) -- in an unpublished opinion, reversing district court's decision that none of agency's redactions from company's subcontracting plan were protected under Exemption 4 and that company's business contact information and signatures were not protected by Exemption 6.

Schwartz v. DOD (E.D.N.Y.) -- concluding that: (1) CIA, Office of the Director of National Intelligence, and Department of Defense failed to adequately search for certain records concerning military commissions at Guantanamo Bay; (2) Exemption 7(F) did not apply to DOD's annual security refresher training presentation; (3) CIA properly redacted four of five items pursuant to Exemption 3; and (4) CIA properly refused to confirm or deny existence of certain records pursuant to Exemption 3.  

Summaries of all opinions issued since April 2015 available here.

FOIA News: Federal Maritime Commission issues final FOIA reg

The Federal Maritime Commission has updated its FOIA regulations to incorporate changes required by the FOIA Improvement Act of 2016, according to a notice scheduled to be published in the Federal Register on January 9, 2016. These final FOIA regulations are effective January 30, 2017.  

Court opinion issued Jan. 5, 2017

People for the Ethical Treatment Animals v. HHS (D.D.C.) -- on reconsideration of decision dated August 18, 2016, ruling that: (1) four categories of records that court previously held were protected under Exemption 4 for seven objecting animal importers were also exempt for three additional importers who had not been notified of FOIA requests prior to court's decision; and (2)  animal quantity and crate information was protected by Exemption 4, except with respect to two importers that failed to object to disclosure.  

Summaries of all opinions issued since April 2015 available here.

Court opinion issued Jan. 3, 2017

Ecological Rights Found. v. Fed. Emergency Mgmt. Agency (N.D. Cal.) — denying agency request to “clawback” three records previously produced to requester, despite inherent authority of court to order such return, because the documents in question were not protected by the deliberative process or attorney-client privileges.

Summaries of all opinions issued since April 2015 available here.

FOIA News: Groups Offer Support, Recommendations for "Release to One, Release to All"

Groups Offer Support, Recommendations for FOIA 'Release to One, Release to All' Draft Policy

By Jas Chana, National Coalition Against Censorship, Jan. 4, 2017

In December, the National Coalition Against Censorship co-signed a letter sent from OpenTheGovernment.org to the U.S. Department of Justice in support, and offering recommendations, for a draft of a Freedom of Information Act policy amendment that would require succesful FOIA requested information to be simultaneously released both to the requester and to the public via the internet.

The policy draft, titled "Release to One, Release to All", builds on President Obama's 2016 signing of the FOIA Improvement Act, a series of measures intended to streamline public access to government information.

Read more here.

FOIA News: Pentagon proposes new FOIA regulations

The Department of Defense published an interim final rule proposing new FOIA regulations in today's issue of the Federal Register.  This rule is the third in a line of attempts to change the agency's FOIA procedures and policies.  DoD previously proposed revisions in December 2007 and September 2014.  The new rule address public comments submitted in response to the last set of proposed regulations, but also introduces changes required by the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016.  DoD has further decided to revise its regulations "so that, to the practical extent possible," they align with the Department of Justice's published Guidance for Agency FOIA Regulations and model regulation template.  Today's rule is effective immediately.  Comments must be received by March 6, 2017.

FOIA News: MuckRock on how to work towards a better FOIA in 2017

How we can all work towards a better FOIA in 2017

Our 2017 FOIA Resolutions for requesters, for agencies, and for all of us in the public records process

By Beryl Lipton, MuckRock, Jan. 4, 2017

But for the FOIA world and its warriors still awaiting the arrival of Estimated Completion Dates nationwide, the January 1 holiday is but another pause in the regularly-scheduled plod of processing.

While many are expecting the unexpected from the new year, the new presidency, and the new sense of an old America, MuckRock has some suggested resolutions for those on either side of the wait.

For Requesters

Be more clear, consistent, and kind

Read more here.