The FOIA blog

ASAP Presents President's and Director's Awards

Last week at the American Society of Access Professionals I was honored to present the ASAP President's Award to Miriam Nisbet, the Director of the Office of Government Information Services ("OGIS") and the Director's Award to the Public Interest Declassification Board ("PIDB").  Both OGIS and the PIDB are components of the National Archives and Records Administration and the awards were highlighted on the agency's blog.

 

E-Mail Archiving

One of the latest trends in the FOIA is the problems associated with searching emails.  I don't know anything about this company, but thought that this press release was interesting as the company is providing its email archiving solution free to local and state governments -- I understand that its sort of like buying a wheel for a car without the car, but nevertheless I am glad to know that the private sector is working on solutions to the problems of retention of emails.  The press release can be found here (I am not endorsing this product or company).

DOJ Files Brief To Keep OLC Memos Private

The Blog of the Legal Times has this article on the DOJ's brief in the United States Court of Appeals for the District of Columbia asking the court to uphold a lower court ruling that allowed it to protect OLC memos.  Plaintiff and amici in this case have argued that allowing the lower court ruling to stand would allow the government to protect memos that are actually secret law -- which FOIA caselaw says must be released.  No date has been given for oral argument in the case.

CIA, Zero Dark Thirty and FOIA

Gawker has this on the result of a FOIA request concerning the CIA's efforts to edit scenes in Zero Dark Thirty that made the agency look bad. 

Marine Corps Withhold Beyonce's Name in Lip Synch Controversy

The Marine Corps has released a number of documents to Bloomberg News about Beyonce's decision to lip synch the National Anthem at the most recent presidential inaguration.  However, if you were from Mars you wouldn't know who Beyonce was because the Marine Corps, in order to protect Beyonce's privacy, withheld her name under FOIA Exemption 6. 

Obviously, more FOIA training is needed for those processing FOIA requests as there is no need to protect Beyonce's privacy in this case -- for those wanting privacy, the American Society of Access Professionals is holding its National Training Conference in just two weeks -- sign up here [ed. note - I'm ASAP's current President].

Supreme Court Finds Virginia Citizen Only FOIA Requirement Constitutional

The Supreme Court has found that the requirement that requests made under the State of Virginia FOIA may only be made by citizens of the State is constitutional.  It is unclear if this finding applies to all states that have the requirement as the discussion of the constitutionality of the law was specific only to the Virginia law but cert was taken because the Delaware law had previously been found unconstitutional by the Third Circuit.

Another New Section of DOJ's FOIA Guide Posted

Last week the Department of Justice posted the Exemption 7(E) Section of its FOIA Guide.  This is the second section of the guide published as the Exemption 2 Section was released in early March.  This is the first update of the Guide since its last publication in 2009. 

Ask.Com on Proposed FOIA Legislation

Ask.Com has this on the FOIA legislation introduced in the House during Sunshine Week.  As of now, the Senate hasn't introduced a verison of the bill, nor has it seen any committee action in the House.

National Law Review Article on Recent DC Appeals Court Decision

The National Law Review has this article from attorneys t Beveridge and Diamond on the recent Court of Appeals for the D.C. Circuit decision on agencies obligation to provide substantial responses before administration appeals requirements begin.

EPA Release of Farmer Information - Ridiculous Response By Congressman

The Hill has ran this editorial from Rep. Bob Gibbs (R-Oh) about the EPA's release of some personal information (address, phone numbers and email addresses) of farmers in response to a FOIA request.  According to Gibbs, this release could lead the farmers "at risk to possble vigilantes" and he demands that the EPA conduct an investigation and hold these employees accountable.

While too much information was likely released, it is unlikely that there are "vigilantes" roaming rural America.  If Gibbs has information of such threats he should report them to law enforcement.  Further, if Gibbs is truly concerned about the adequacy of FOIA employees he should take steps to make sure FOIA Operations are fully staffed and funded so that FOIA employees are given the proper oversight and training needed to do their jobs successfully.