FOIA News: Recap of Commerce's rescheduled Sunshine Week event

Spring Open: Events Celebrate Transparency in Government

By Barbie E. Keiser, Information Today, Jul 25, 2017

Several months into the new administration, Washington, D.C., was treated to events to learn about efforts to increase openness and transparency in government. Some speakers focused on the current situation, highlighting resource challenges that are facing all three branches of government, while others looked to the future and the technology that would enable government to keep up with the expectations of citizens. Here are the highlights of each event.

Commerce Department Belatedly Celebrates Sunshine Week

Originally scheduled for March 15, 2017, during Sunshine Week, but postponed due to a snowstorm in D.C., Strengthening Transparency through Open Data and Access to Information was finally held on June 20 at the Commerce Research Library. It was then that individuals from seven Commerce Department bureaus received certificates of recognition for reducing the Freedom of Information Act (FOIA) backlog by 10% or exceeding their bureau’s FOIA goals—for example, by closing their 10 oldest FOIA requests.

Read more here.

FOIA News: FOIA Advisory Committee tackling tech

The future of FOIA

By Chase Gunter, FCW, July 24, 2017

Technology has helped the government become more efficient and transparent in many areas. That hasn’t been the case, however, for a law written to increase transparency. Now a group of agency and private-sector officials are working with agencies to develop recommendations to improve the situation.

The Freedom of Information Act Advisory Committee, created in 2014, seeks to streamline the process for requesting documents under FOIA and bridge the gap between requesters and government agencies -- many of which have unique requirements for FOIA requests.

Read more here.  

Court opinions issued July 20, 2017

Seavey v. DOJ (D.D.C.) -- ordering FBI to process 102,000 pages of responsive records concerning Vietnam War at a rate of at least 2,850 pages per month, which exceeds agency's policy of processing 500 pages per month for voluminous requests. 

Huntington v. U.S. Dep't of Commerce (D.D.C.) -- determining that U.S. Patent and Trademark Office failed to perform an adequate search within one office for records concerning a confidential program, but that it properly withheld a disputed document pursuant to deliberative process privilege.

Smart-Tek Automated Servs. v. IRS (S.D. Cal.) -- ruling that: (1) IRS failed to demonstrate that it performed reasonable search for responsive records; (2) IRS properly withheld records pursuant to Exemptions 3 (in conjunction with 26 U.S.C. 6103(e)(7)), 5, 6, 7(A), and 7(D); (3) IRS failed to address whether records withheld under Exemption 7(E) revealed techniques unknown to public; and (4) judgment would be reserved as to Exemption 3 (in conjunction with 26 U.S.C. 6103(a)) and Exemption 7(C) until record was further developed.

Summaries of all opinions issued since April 2015 available here.  

FOIA News: Lawsuit seeks to uncover DOJ's involvement in "congressional records" flap

The War on the Freedom of Information Act

A conservative group is resisting congressional efforts to kneecap FOIA.

By Michelle Cottle, The Atlantic, July 23, 2017

The health-care clusterfudge continues. Senator John McCain has brain cancer. President Trump throws another public tantrum. Russia, Russia, Russia.

That about covers the Big Political Headlines of the week. Now for something really sexy: the creeping assault on the Freedom of Information Act.

Stop right there! No clicking over to that Tucker Carlson YouTube rant. This is another one of those ticky-tacky, below-the-radar issues that may sound like a nonprescription substitute for Ambien but is, practically speaking, super important—especially in the Age of Trump.

Read more here.

Court opinions issued July 18-19, 2017

July 19, 2017

Smallwood v. DOJ (D.D.C.) -- dismissing lawsuit because plaintiff did not submit the request and the requester (plaintiff's lawyer) failed to indicate that the request was made on behalf of a client generally or plaintiff specifically.  

July 18, 2017

Elec. Privacy Info. Ctr. v. DEA (D.D.C.) -- finding that plaintiff was eligible and entitled to attorney's fees, but excluding all time spent on unsuccessful summary judgment briefing, reducing excessive time spent by three attorneys on certain tasks, ordering plaintiff to recalculate hourly rate based on updated U.S. Attorney's Office matrix, and reducing requested fee-on-fee award by 67 percent.

Summaries of all opinions issued since April 2015 available here.  

Court opinions issued July 17, 2017

McGuffin v. Soc. Sec. Admin. (E.D.N.C.) -- concluding that SSA properly invoked Exemption 6 to withhold names and personal productivity information of agency decision writers. 

Gawker Media v. U.S. Dep't of State (D.D.C.) -- rejecting discovery request for: (1) affidavit from former Deputy Assistant Secretary of State Philippe Reines concerning methodology he employed to search his private email for government documents, and (2) sworn certification that Reines turned over all government-related records in his private email accounts..

Summaries of all opinions issued since April 2015 available here.  

Court opinions issued July 13, 2017

Canning v.  DOJ (D.D.C.) -- finding that: (1) FBI properly relied upon Exemption 3 to withhold wiretap records, but that agency was required to release certain information that it had previously acknowledged officially; (2)  FBI was required to release certain names withheld under Exemption 7(C) and 7(D) because agency had previously acknowledged them officially; and (3) FBI failed to demonstrate the propriety of Exemption 7(D) to withhold certain information obtained from sources under implied assurance of confidentiality. 

Protect Democracy Project v. DOD (D.D.C.) -- ruling that plaintiff was entitled to expedited processing of its requests for records concerning President Trump's legal authority to order missile strikes against Syria, but declining to order defendants to produce records by any certain date. 

Summaries of all opinions issued since April 2015 available here.  

FOIA News: FCC declines to release analysis on cyber-attack

Senator blasts FCC for refusing to provide DDoS analysis

FCC is either too secretive or is unprepared for future attacks, senator says.

By Jon Brodkin, Ars Technica, July 21, 2017

US Senator Ron Wyden (D-Ore.) criticized the Federal Communications Commission for failing to turn over its internal analysis of the DDoS attacks that hit the FCC's public comment system.

The FCC declined to provide its analysis of the attacks to Gizmodo, which had filed a Freedom of Information Act (FOIA) request for a copy of all records related to the FCC analysis "that concluded a DDoS attack had taken place." The FCC declined the request, saying that its initial analysis on the day of the attack "did not result in written documentation.

Read more here.

FOIA News: FOIA workshop in D.C. on July 28, 2017

The Association of Alternative Media will be hosting a one-hour FOIA discussion on July 28, 2017, during its annual convention in Washington D.C.  Details are available here.  Registration for the convention is required.

FOIA News: FOIA tips at D.C. event on July 27, 2017

Join SPJ-DC and MuckRock in the nation’s capital to learn new FOIA tactics

FOIA expert Michael Ravnitzky shares new tactics to obtain useful records from agencies

By Michael Morisy, MuckRock, July 18, 2017

In the D.C. area and want to learn how to peek inside federal agencies using FOIA? Join the Society of Professional Journalists D.C. chapter and MuckRock for a fun, informative talk given by FOIA expert Michael Ravnitzky, followed by a few rounds of FOIA Karaoke.

The event is free and open to the public, and both experienced and starting FOIA requesters will take away new insights and specific ideas that help them request useful information about topics they care about.

Read more here.