Posted on August 3, 2012 by Charles N. Davis
I’m somewhat ambivalent about stories that try to blame presidents, regardless of their party, for FOIA performance. Federal FOIA is a sterling example of a statutory regime in its death throes, in bad need of substantive, topical reform, so all the blame game in the world does us no good if the statute itself is rotting from within…
In its first year, the Obama administration vowed an increase in transparency across government, including through the Freedom of Information Act; the proactive release of documents; and the establishment of a new agency to declassify more than 370 million pages of archived material.
Three years later, new evidence suggests that administration officials have struggled to overturn the long-standing culture of secrecy in Washington. Some of these high-profile transparency measures have stalled, and by some measures the government is keeping more secrets than before.
Media organizations and individuals requesting information under FOIA last year were less likely to receive the material than in 2010 at 10 of the 15 Cabinet-level departments, according to an analysis ofannual reports of government agencies by The Washington Post.
The federal government was more likely last year than in 2010 to use the act’s exemptions to refuse information. And the government overall had a bigger backlog of requests at the end of 2011 than at the start, due largely to 30,000 more pending requests to the Department of Homeland Security…
Filed under: 2. Doc state of mind, 3. Access law | Tagged: federal FOIA, statistics, studies | Leave a comment »
Posted on March 12, 2012 by Charles N. Davis
The Obama administration couldn’t keep pace with the increasing number of people asking for copies ofgovernment documents, emails, photographs and more under the U.S. Freedom of Information Act, according to a new analysis of the latest federal data by The Associated Press.
Federal agencies did better last year trying to fulfill requests, but still fell further behind with backlogs, due mostly to surges in immigration records requested from the Homeland Security Department. It released all or portions of the information that citizens, journalists, businesses and others sought — and outright rejected other requests — at about the same rate as the previous two years. The AP analyzed figures over the last three years from 37 of the largest federal departments and agencies.
There was progress: The government responded to more requests than ever in 2011 — more than 576,000 — a 5 percent increase from the year before. Offices less frequently cited legal provisions that allow them to keep records secret, especially emails and documents describing how federal officials make important decisions. Agencies took less time, on average, to turn over records: about one month for requests it considered “simple” and about three months for more complicated requests. And 23 of 37 agencies reduced their individual backlogs of requests or kept buildups from increasing.
Filed under: 3. Access law, 8. Officials' perspectives | Tagged: Associated Press, backlog, federal FOIA | Leave a comment »
Posted on March 12, 2012 by Charles N. Davis
A riveting account of suing the government over FOIA, from a pro se litigant’s perspective:
Inside well-funded newsrooms, investigative reporters can usually turn to company lawyers for help with stalled public records requests. But independent freelancers don’t have that luxury, and many can’t afford to hire legal counsel on their own. So when the time comes to stop asking the government for public records and start demanding them, what can a low-to-no budget freelancer without legal counsel do?
To start, it’s possible to act as your own attorney and sue for access to information without the benefit of legal counsel—a tactic called pro se representation. Over the past few years, as the U.S. economy has taken a nosedive, more and more people have elected to save on legal fees by representing themselves in court. “It’s generally a bad idea for people to represent themselves in court, period,” said Geoff King, Northern California’s SPJ FOI committee co-chair and a former staff attorney for the First Amendment Project. King, ever the comedian, quoted an adage to me via e-mail: “A man who is his own lawyer has a fool for a client.” Still, when it comes to FOIA-related lawsuits, there are plenty of resources out there to prevent pro se litigants from looking silly.
Filed under: 3. Access law, 6. Overcoming denials | Tagged: federal FOIA, litigation, pro se litigant | 1 Comment »
Posted on July 4, 2011 by Charles N. Davis
Posted on June 25, 2011 by Charles N. Davis
Today’s New York Times does a marvelous job of looking into the progress — or lack thereof — in implementing President Obama’s openness initiatives…this is the kind of reporting we need MUCH more of.
Filed under: 3. Access law, 8. Officials' perspectives | Tagged: federal FOIA, Obama, stonewalls | Leave a comment »
Posted on June 7, 2011 by Charles N. Davis
From a story in The Hill:
Sen. Jim DeMint (R-S.C.) on Monday sent a Freedom of Information Act (FOIA) request to the National Labor Relations Board (NLRB) in an effort to “bring transparency” to what DeMint says was a partisan decision by the board to sue Boeing.
“The public facts surrounding the complaint raise serious questions about the interpretation of the National Labor Relations Act upon which it is based, to say nothing of the troubling appearance of partisan, special interest politics at its heart,” DeMint wrote in his June 6 letter.
The NLRB argues the suit is warranted because Boeing’s 2009 decision to move a production plant to South Carolina amounts to illegal retaliation against striking workers in Washington State. But Republicans charge that the suit is an open attack against right-to-work states like South Carolina on behalf of unions.
DeMint is looking for evidence that the suit was a result of coordination between the NLRB and the International Association of Machinists (IAM), and believes he has found it.
A copy of the request can be found here.
Filed under: 1. Records that matter, 2. Doc state of mind, 4. Finding records, 8. Officials' perspectives | Tagged: federal FOIA, Jim DeMint, NLRB, request letters | Leave a comment »
Posted on June 3, 2011 by Charles N. Davis
A great idea by The Hill:
Government responses to Freedom of Information Act (FOIA) requests vary widely, with some federal agencies refusing to release data that others provide in a timely fashion, according to an analysis by The Hill.
More than six months ago, The Hill filed FOIA requests for over 70 federal agencies’ FOIA logs.
The Hill sought the names of people who requested information, their affiliations and the subject of each FOIA request. While many departments and agencies provided all of the requested data, there was no consistent standard of transparency across the executive branch.
Some executive agencies sent FOIA logs with the requesters’ names, but without their affiliations. Other logs were handwritten. A few agencies complied with The Hill’s request in days, but most took months.
The agencies and departments that were the most responsive and thorough included the Department of Transportation, the Office of the U.S. Trade Representative and the Defense Contract Management Agency.
Among the worst were the Department of Health and Human Services (HHS), Office of the Director of National Intelligence (ODNI) and the Farm Credit Administration (FCA).
Filed under: 4. Finding records, 6. Overcoming denials | Tagged: federal FOIA, FOIA logs | Leave a comment »