FOIA News: IRS achieves a new milestone in FOIA denial: the password-protected Glomar

IRS achieves a new milestone in FOIA denial: the password-protected Glomar

By JPat Brown, Muckrock, Mar. 28, 2017

Two years ago, we wrote about the IRS giving us one of our most infamous FOIA responses - an encrypted CD full of entirely redacted documents. Now, just a couple days before Tax Day, the agency does it again, reaching new heights of frustration with our first password-protected Glomar rejection.

In response to a request for financial investigations into three Ukrainian nationals, the IRS responded with a .pdf. Trying to open the .pdf yielded this:

Read more (and see the document) here.

Court opinions issued Mar. 24, 2017

Lucaj v. FBI (6th Cir.) --  reversing district court decision and remanding for further proceedings after concluding that documents exchanged between DOJ Criminal Division and foreign governments could not be protected under Exemption 5 because they do not meet the "inter-agency" or "intra-agency" threshold.

Elec. Privacy Info. Ctr. v. Customs and Border Protection (D.D.C.) -- granting government's renewed summary judgment motion after finding that agency properly withheld disputed records were pursuant to Exemption 7(E).  

Summaries of all opinions issued since April 2015 available here.

FOIA News: Postal Service makes technical correction to FOIA regs

The U.S. Postal Service published a final rule in today's issue of the Federal Register.  The rule makes a technical correction to the agency's recently revised FOIA regulations.  Specifically, USPS corrected a citation.  The change is effective immediately.

Q&A: Don't bank on it

Q.  I need to know how to file a FOIA request for a copy of a check PNC bank made to my sister after the death of my mother.

A.  PNC is a private entity, not a government agency, and thus it is not subject to FOIA requests.  

Q.  Is a Michigan property owners association subject to a FOIA request?

A.   No.  See, e.g., Attorney General Opinion No. 6942, p. 40, July 3, 1997 (A private, voluntary, unincorporated association of lake property owners is not a public body subject to the FOIA).

FOIA News: Nonprofits prognosticate on FOIA under Trump

Trump Could Tear Down Obama’s FOIA Secrecy. Here’s Why He Probably Won’t.

By Ethan Barton, Daily Caller, Mar. 24. 2017

President Donald Trump’s Department of Justice (DOJ) is fighting against Freedom of Information Act (FOIA) lawsuits seeking politically-charged Obama-era documents like those linked to former Secretary of State Hillary Clinton’s scandals.

Trump could demand federal agencies release records to the public, but that would harm the bureaucracy’s ability to retain secrets – something career government officials handling the lawsuits and FOIA requests don’t want, according to transparency experts from nonprofit watchdog groups.

Read more here. 

Court opinions issued Mar. 23, 2017

Ocasio v. Merit Sys. Prot. Bd. (D.D.C.) -- dismissing case after concluding that MSPB had released all records requested by plaintiff, except for ALJ hearing notes that had been routinely destroyed prior to request. 

Apotosky v. FBI (N.D. Ohio) -- finding that: (1) plaintiff abandoned his FOIA claim against Executive Office for United States Attorneys, and (2) FBI established that all requested records were produced, unidentifiable, or exempt.

Turner v. U.S. Dep't of the Treasury (E.D. Cal.) -- ruling that Financial Crimes Enforcement Network conducted a reasonable search for four requested items, but that it improperly invoked Exemption 3 (Bank Secrecy Act) without actually searching for fifth item of requested records.   

Henson v. HHS & FDA (S.D. Ill.) -- determining that government performed a reasonable search for requested records and properly withheld certain records pursuant to Exemptions 4, 5, and 6.

Summaries of all opinions issued since April 2015 available here.

FOIA News: CoA Institute Uncovers EPA Investigation into Employees’ Use of Encrypted Messaging App

CoA Institute Uncovers EPA Investigation into Employees’ Use of Encrypted Messaging App

Cause of Action Institute, Mar. 23, 2017

Hours after filing a lawsuit demanding that the Environmental Protection Agency (“EPA”) disclose records about its employees’ use of an encrypted messaging application, Cause of Action Institute (“CoA Institute”) received a letter from the EPA’s Office of General Counsel acknowledging that there is an “open law enforcement” investigation looking into the matter.

The EPA indicated that records created or received by its employees on “Signal,” and records concerning efforts “to retrieve, recover, or retain” those messages, were “part of one or more open law enforcement file(s).” The agency claimed such records were exempt from disclosure under the Freedom of Information Act (“FOIA”) because they were compiled for “law enforcement purposes” and their disclosure “could reasonably be expected to interfere with ongoing enforcement proceedings.”  Further, the EPA stated that it could not find any records reflecting “permission, clearance, or approval” for the use of the encrypted messaging app.

Read more here.

FOIA News: House holds transparency hearing today

The House Committee on Oversight and Government Reform will hold a hearing this morning at 9am to consider "Legislative Proposal for Fostering Transparency."   The witnesses are all from outside the government and include the Competitive Enterprise Institute, Judicial Watch, Campaign for Liberty, The Data Coalition, and Professor Richard Painter.  

FOIA News: FOIA March Madness 2017 - Round Two

FOIA March Madness 2017: Round Two Begins

Beryl Lipton, MuckRock, Mar. 22, 2017

We’re one week into our annual competition for Fastest FOIA Agency, and MuckRock’s March Madness is beset with upsets and outliers. Finishing up the first round this past weekend (March 19), we’ve already seen a lot of solid moves this week, so be sure to check back in next Tuesday to find out whether Round Two is where we see a contender with a clear competitive edge.

Read more here.

FOIA News: Secret Service to Strengthen FOIA Program

United States Secret Service Reports Steps to Strengthen FOIA Program

Nat'l Archives & Records Admin., The FOIA Ombudsman, Mar. 22, 2017

In late February, the United States Secret Service (USSS) FOIA sent us a letter responding to the 12 recommendations we made in our compliance assessment report of their FOIA program. In the letter, USSS reports that they concur with each of our recommendations and explain the steps that are underway to strengthen the FOIA program and improve FOIA compliance.

Read more here.