FOIA and Data-Driven Journalism
By Bernard Bell, Yale J. on Regs., June 14, 2026
Data-driven journalism uses or creates databases from culling and cleaning up government records and databases to tell important news stories, often ones serving to hold federal, state, or local governments accountable.[1] But such journalism is costly. Part of that expense is the cost of obtaining government records, and part is the expense entailed in making the records obtained more useful and accurate.[2] Meanwhile, journalism is facing a financial crisis, with many news organizations disappearing and the survivors facing financial difficulties.[3]
Into this conundrum steps Frank D. LaMonte. LaMonte is legal counsel for CNN and previously headed the University of Florida’s Joseph L. Brechner Center for Freedom of Information. In his recent law journal article, A “Net Metering” Approach to Energize Journalism Powered by Accessible Government Records, 60 U. RICHMOND L. REV. 639 (2026), he proposes a “net metering” approach to FOIA. Under it, news organizations could receive reimbursement for costs they incur in cleaning up records received under FOIA and putting them into usable form.[4]
LaMonte’s proposal is inspired by the “net metering” approach for the electricity sector ushered in by the Public Utility Regulatory Powers Act of 1978 (“PURPA”), Pub. L. 95–617, 92 Stat. 3117 (codified at scattered section of 16 U.S.C.). Under that approach, public utilities compensate operators of “distributed generation,” i.e., small power generators. Such small power generators can include residential customers who generate power from rooftop solar arrays. In effect, public utilities must compensate such homeowners and other customers who generate power, at a price at least equal to the utility’s “avoided cost” of obtaining power elsewhere. For such utility customers, the electric meter could, in effect, “run backwards” – if they provide more power to the utility than they take, they receive a net payout from the utility company.
This post briefly summarizes LaMonte’s article and provides a few observations. The observation largely focus on transparency issues at federal level, namely implementation of the federal Freedom of Information Act.
Read more here.