FOIA News: The FBI Redacted the Names of DC Comic Book Characters to Protect Their Non-Existent Privacy

The FBI Redacted the Names of DC Comic Book Characters to Protect Their Non-Existent Privacy

By Dell Cameron, Gizmodo, Apr. 30, 2018

Superman can sleep soundly tonight. The FBI, fully aware of his secret identity, has decided to keep things under wraps, acknowledging the Kryptonian’s right to privacy ultimately outweighs the public’s need-to-know.

Seriously.

Proving the old FBI proverb, “when in doubt, cross it out,” still permeates the bureau’s hallowed halls, the agency decided to redact the names of reporters from The Daily Planet—the fictional newspaper of record for the City of Metropolis in the DC universe—in records disclosed in response to a Freedom of Information Act (FOIA) lawsuit.

Read more here.

FOIA News: CIA may withhold emails sent to three reporters, rules SDNY

Court Rules in Favor of Selective Disclosure

Steven Aftergood, Fed'n Am. Sci., Apr. 30, 2018

The Central Intelligence Agency can selectively disclose classified information to reporters while withholding that very same information from a requester under the Freedom of Information Act, a federal court ruled last month.

The ruling came in a FOIA lawsuit brought by reporter Adam Johnson who sought a copy of emails sent to reporters Siobhan Gorman of the Wall Street Journal, David Ignatius of the Washington Post, and Scott Shane of the New York Times that the CIA said were classified and exempt from disclosure.

Read more here.

FOIA News: At 51, FOIA may be more relevant than ever

At 51, FOIA may be more relevant than ever

By Michael R. Lemov, Baltimore Sun, Apr. 29, 2018

Every president who served during the decades-long struggle to enact an open government law — primarily Dwight Eisenhower, John Kennedy and Lyndon Johnson — opposed it. They asserted a law opening up government records to the public would infringe on exclusive presidential power under the Constitution to control access to government information.

History has proved them wrong. The president does not possess such exclusive power.

Now, another president and his agencies are forcing a new struggle, to test whether the 51-year-old Freedom of Information Act (FOIA) can still be effective in lifting a veil of secrecy over the actions of the Executive Branch.

Read more here.

Court opinion issued Apr. 26, 2018

Johnson v. CIA (S.D.N.Y) -- holding that CIA properly relied on Exemptions 1 and 3 to withhold portions of five emails sent by agency's Office of Public Affairs to select number of reporters.

Summaries of all opinions issued since April 2015 available here.

Court opinion issued Apr. 24, 2018

Jarvis v. HUD (D.D.C.) -- granting summary judgment in government's favor because plaintiff failed to show that agency received his FOIA requests.

Summaries of all opinions issued since April 2015 available here.

FOIA News: DoD eliminates five supplemental FOIA regulations

The Department of Defense has eliminated five supplemental FOIA regulations, as outlined in final rules issued in today's Federal Register: Defense Intelligence Agency; Defense Investigative Service; National Reconnaissance Office; National Security Agency; and National Imagery Mapping Agency.  

FOIA News: OGIS to host open meeting on May 18

Don’t Miss Our Second Annual Open Meeting: May 18, 2018

Nat'l Archives & Records Admin., OGIS Blog, Apr. 25, 2018

Registration is now open for our Second Annual Open Meeting on Friday, May 18, 2018 from 10:00 a.m. to noon in the William G. McGowan Theater at the National Archives.

The purpose of the meeting is to provide the public with an update on OGIS’s activities, and give interested persons an opportunity to present oral or written statements. During the meeting, Director Semo will highlight our work and observations during Fiscal Year (FY) 2017, and discuss our plans for the remainder of FY 2018. We will also have a panel discussion about the recently-passed recommendations of the FOIA Advisory Committee, after which we will open the floor for public comments.

If you have thoughts to share about our work but cannot join us in person, we encourage you to submit a written statement to ogis@nara.gov. You can also watch all of the action via the livestream on NARA’s YouTube Channel, and use the comment function to share your views.

Be sure to check out our Annual Open Meeting webpage to see the meeting’s agenda and other materials as they become available.

Q&A: Is there anybody out there?

Q.  I sent a FOIA request to an agency in Illinois and it is has completely ignored the request.  What can be done?  Can I get any relief and/or financial compensation?

A.  If you believe that an agency has violated the Illinois FOIA, you might consider asking the Attorney General's Public Access Counselor to review your request.  The instructions for submitting such a request are available here.  There are three ways that the PAC may resolve a request for review:

(1) Decide that no further review is necessary.  If the PAC decides that the alleged violations of FOIA are unfounded, the PAC will advise the requester and the public body of that decision. The PAC will not conduct any further review. 

(2)  Work to resolve the FOIA dispute with the public body. (5 ILCS 140/9.5(f)) The PAC may choose to mediate the dispute or resolve the matter by means other than the issuance of a binding opinion. The PAC’s decision to refuse to issue a binding opinion is not reviewable.

(3) Issue a binding opinion.  The PAC will review any information needed to analyze the FOIA dispute and any additional information that the requester or the public body provides. If the PAC decides to issue a binding opinion, the PAC must issue that opinion within 60 calendar days after receiving the Request for Review. The PAC may extend the 60-day time period by 21 business days by sending a written notice to the requester and the public body, and must include the reasons for the extension

For more information about this review process, see pages 5-8 of the following guidance.  

I do not believe that the Illinois FOIA allows requesters to recover damages for an agency's failure to produce documents.  The federal FOIA, upon which the most state public records laws are modeled, does not.  You should, however, consult with an attorney licensed in Illinois if you are interested in obtaining legal advice about the state statute. 

FOIA News: DoD HQ eliminates FOIA regulation

The Defense Department's Office of the Secretary issued a final rule today that removes 32 C.F.R. Part 285, the content of which was incorporated into the agency's recently amended FOIA regulations at 32. C.F.R. Part 286.  

Court opinions issued Apr. 23, 2018

Castleman v. DOJ (9th Cir.) (unpublished) -- affirming district court's decision regarding plaintiff's multiple requests concerning his criminal trial because plaintiff failed to raise genuine disputes of material fact regarding government's searches or withholdings under Exemption 7(C).

Prop. People v. DOJ (D.D.C.) -- in case concerning Donald Trump's interactions with FBI before he became President, ruling that agency had "not yet justified its sweeping Glomar response for two categories of responsive records: (1) non-investigative records related to Donald Trump and (2) records that mention Trump 'in the context of his official capacity as chief executive of specific organizations'  Further, the court ruled that FBI "may at least issue a narrow Glomar response as to most law-enforcement records."

Jarvis v. SSA (D.D.C.) -- finding that: (1) plaintiff was required but failed to file an administrative appeal concerning his request for disability decisions based on race or immigration status; and (2) SSA sufficiently demonstrated that it does not maintain the requested records.  

Summaries of all opinions issued since April 2015 available here.