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The Freedom of Information Act (FOIA), , is the U.S. federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the United States government, state, or other public authority upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
, agency officials, and the
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
to address them. The FOIA has been changed repeatedly by both the legislative and executive branches. Apart from the U.S. federal government's Freedom of Information Act, the U.S. states have their own varying
freedom of information laws Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfa ...
. The Freedom of Information Act is commonly known for being invoked by
news organizations The news media or news industry are forms of mass media that focus on delivering news to the general public or a target public. These include news agencies, print media ( newspapers, news magazines), broadcast news ( radio and television), ...
for reporting purposes. However, such uses make up less than 10% of all requests, with businesses, law firms, and individuals all being more frequent users.


Background

As indicated by its long title, FOIA was moved from its original home in Section 3 of the Administrative Procedure Act (APA). Section 3 of the APA, as enacted in 1946, gave agencies broad discretion concerning the publication of governmental records. Following concerns that the provision had become more of a withholding than a disclosure mechanism, Congress amended the section in 1966 as a standalone act to implement "a general philosophy of full agency disclosure." The amendment required agencies to publish their rules of procedure in the ''
Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on fede ...
'', 5 U.S.C. § 552(a)(1)(C), and to make available for public inspection and copying their opinions, statements of policy, interpretations, and staff manuals and instructions that are not already published in the Federal Register, § 552(a)(2). In addition, § 552(a)(3) requires every agency, "upon any request for records which ... reasonably describes such records" to make such records "promptly available to any person." By § 552(a)(4)(B) if an agency improperly withholds any documents, the district court has jurisdiction to order their production. Unlike the review of other agency action that must be upheld if supported by substantial evidence and not arbitrary or capricious, FOIA expressly places the burden "on the agency to sustain its action," and directs the district courts to "determine the matter de novo." With the ongoing stress on both constitutional and inherent rights of American citizens and the added assertion of government subservience to the individual, some, particularly representative John Moss, thought that it was necessary for government information to be available to the public. This push built on existing principles and protocols of government administration already in place. Others, though—most notably President Lyndon B. Johnson—believed that certain types of unclassified government information should nonetheless remain secret. Notwithstanding the White House's opposition, Congress expanded Section 3 of the Administrative Procedure Act as a standalone measure in 1966 to further standardize the publication of government records, consistent with the belief that the people have the "right to know" about them. The
Privacy Act of 1974 The Privacy Act of 1974 (, ), a United States federal law, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintain ...
was passed as a countervailing measure to ensure the security of government documents increasingly kept on private citizens.


Scope

The act explicitly applies only to government agencies under the
executive branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems ...
. These agencies are required by several mandates to comply with public solicitation of information. Along with making public and accessible all bureaucratic and technical procedures for applying for documents from that agency, agencies are also subject to penalties for hindering the process of a petition for information. If "agency personnel acted arbitrarily or capriciously with respect to the withholding, Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding." In this way, there is recourse for one seeking information to go to a federal court if suspicion of illegal tampering or delayed sending of records exists. However, there are nine exemptions, ranging from a withholding "specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy" and "trade secrets" to "clearly unwarranted invasion of personal privacy." The nine current exemptions to the FOIA address issues of sensitivity and personal rights. They are (as listed in : #(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order;ACLU ''Step-by-Step Guide to using the Freedom of Information Act''; American Civil Liberties Union Foundation pamphlet written by Allan Robert Adler, pp. 3–5, # related solely to the internal personnel rules and practices of an agency; # specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;
FOIA Exemption 3 Statutes FOIA Exemption 3 Statutes are statutes found to qualify under Exemption 3 of the U.S. Freedom of Information Act, 5 U.S.C.§ 552(b)(3). Under its terms, as amended in 1976 and 2009, a statute qualifies as an "Exemption 3 statute" only if it "(i) ...
# trade secrets and commercial or financial information obtained from a person and privileged or confidential; # inter-agency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the agency; # personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; # records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual; #*Virginia's FOIA council refers to this as the criminal investigative files exemption # contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or # geological and geophysical information and data, including maps, concerning wells. The
Postal Reorganization Act The Postal Reorganization Act of 1970 was a law passed by the United States Congress that abolished the then United States Post Office Department, which was a part of the Cabinet, and created the United States Postal Service, a corporation-like i ...
of 1970 (at ) exempts the
United States Postal Service The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the ...
(USPS) from disclosure of "information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed". A federal court has concisely described the vital role of the FOIA in democracy:


Legislative history

The law came about because of the determination of
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
member
John E. Moss John Emerson Moss (April 13, 1915 – December 5, 1997) was an American politician of the Democratic Party, noted for his championing of the federal Freedom of Information Act (FOIA) through multiple sessions of the United States House of Repre ...
of
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
. Moss was chairman of the House Government Information Subcommittee. It took Moss 12 years to get the Freedom of Information Act through Congress.Gold, Susan Dudley. 2012. ''Freedom of Information Act''. New York, NY: Marshall Cavendish Benchmark. Much of the desire for government transparency stemmed from the
Department of Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philipp ...
and Congressional committees evaluation of the nation's classification system in the late 1950s. They determined that the misuse of government classification of documents was causing insiders to leak documents that were marked "confidential". The committee also determined that the lowest rung of the confidentiality ladder "confidential" should be removed. They deemed that "secret" and "top secret" covered National security adequately. The Moss Committee took it upon itself to reform confidentiality policy and implement punishments for the overuse of classification by officials and departments.


Initial enactment

The Freedom of Information Act was initially introduced as the bill in the 89th Congress. When the two-page bill was signed into law, it became , but had an effective date of one year after the date of enactment, or July 4, 1967. The law set up the structure of FOIA as we know it today. President Lyndon B. Johnson, despite his misgivings, signed the Freedom of Information Act into law. That law was initially repealed. During the period between the enactment of the act and its effective date, Title 5 of the United States Code was enacted into positive law. For reasons now unclear but which may have had to do with the way the enactment of Title 5 changed how the law being amended was supposed to be cited, the original Freedom of Information Act was replaced. A new act in (originally in the 90th Congress), repealed the original and put in its place a substantively identical law. This statute was signed on June 5, 1967, and had the same effective date as the original statute: July 4, 1967.


Amendments and executive actions


Privacy Act Amendments of 1974

Following the
Watergate scandal The Watergate scandal was a major political scandal in the United States involving the administration of President Richard Nixon from 1972 to 1974 that led to Nixon's resignation. The scandal stemmed from the Nixon administration's contin ...
, President Gerald R. Ford wanted to sign FOIA-strengthening amendments in the
Privacy Act of 1974 The Privacy Act of 1974 (, ), a United States federal law, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintain ...
, but White House Chief of Staff
Donald Rumsfeld Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, government official and businessman who served as Secretary of Defense from 1975 to 1977 under president Gerald Ford, and again from 2001 to 2006 under Preside ...
and deputy
Dick Cheney Richard Bruce Cheney ( ; born January 30, 1941) is an American politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He is currently the oldest living former ...
were concerned about leaks. Assistant Attorney General for the
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney ...
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
advised the bill was unconstitutional and even telephoned the
CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
asking them to lobby a particular White House staffer. President Ford was persuaded to veto the bill on October 17, 1974, according to documents declassified in 2004. However, on November 21, the lame-duck Congress overrode President Ford's veto, giving the United States the core Freedom of Information Act still in effect today, with judicial review of executive secrecy claims. Scalia remained highly critical of the 1974 amendments, writing years later that "It is the Taj Mahal of the Doctrine of Unanticipated Consequences, the Sistine Chapel of Cost-Benefit Analysis Ignored." Scalia particularly disliked the availability of judicial review, decrying that if "an agency denies a freedom of information request, shazam!—the full force of the Third Branch of the government is summoned to the wronged party's assistance." Those amendments to the FOIA regulate government control of documents that concern a citizen. They give one "(1) the right to see records about neelf, subject to the Privacy Act's exemptions, (2) the right to amend that record if it is inaccurate, irrelevant, untimely, or incomplete, and (3) the right to sue the government for violations of the statute including permitting others to see ne'srecords unless specifically permitted by the Act." In conjunction with the FOIA, the Privacy Act is used to further the rights of an individual gaining access to information held by the government. The Justice Department's Office of Information and Privacy and federal district courts are the two channels of appeal available to seekers of information.


1976 Government in the Sunshine Act amendments

In 1976, as part of the Government in the Sunshine Act, Exemption 3 of the FOIA was amended so that several exemptions were specified: #Information relating to national defense, #Related solely to internal personnel rules and practices, #Related to accusing a person of a crime, #Related to information where disclosure would constitute a
breach of privacy Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be collected by governments, public or ...
, #Related to investigatory records where the information would harm the proceedings, #Related to information which would lead to financial speculation or endanger the stability of any financial institution, and #Related to the agency's participation in legal proceedings.


1982 Executive Order limiting the FOIA

Between 1982 and 1995, President Reagan's allowed federal agencies to withhold enormous amounts of information under Exemption 1 (relating to national security information), claiming it would better protect the country and strengthen national security. The outcry from the effect that the Reagan Order had on FOIA requests was a factor in leading President Clinton to dramatically alter the criteria in 1995.


1986 Omnibus Anti-Drug Abuse Act amendments to the FOIA

The FOIA amendments were a small part of the bipartisan Anti-Drug Abuse Act of 1986. Congress amended FOIA to address the fees charged by different categories of requesters and the scope of access to law enforcement and national security records. The amendments are not referenced in the congressional reports on the Act, so the floor statements provide an indication of Congressional intent.


1995–99 expansion

Between 1995 and 1999, President Clinton issued executive directives (and amendments to the directives) that allowed the release of previously classified national security documents more than 25 years old and of historical interest, as part of the FOIA. This release of information allowed many previously publicly unknown details about the
Cold War The Cold War is a term commonly used to refer to a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc. The term '' cold war'' is used because t ...
and other historical events to be discussed openly.


Electronic Freedom of Information Act Amendments of 1996

The Electronic Freedom of Information Act Amendments of 1996 (E-FOIA) stated that all agencies are required by statute to make certain types of records, created by the agency on or after November 1, 1996, available electronically. Agencies must also provide electronic reading rooms for citizens to use to have access to records. Given the large volume of records and limited resources, the amendment also extended the agencies' required response time to FOIA requests. Formerly, the response time was ten days and the amendment extended it to twenty business days.


2001 Executive Order limiting the FOIA

Executive Order 13233 Executive Order 13233 limited access to the records of former United States Presidents to a higher degree than the previous Order 12667, which it superseded. It was drafted by then White House Counsel Alberto Gonzales and issued by George W. B ...
, drafted by Alberto R. Gonzales and issued by President George W. Bush on November 1, 2001, restricted access to the records of former presidents. This order was revoked on January 21, 2009, as part of President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
's . Public access to presidential records was restored to the original extent of five years (12 for some records) outlined in the Presidential Records Act.


Intelligence Authorization Act of 2002 amending the FOIA

In 2002, Congress passed the Intelligence Authorization Act for Fiscal Year 2003, . Within this omnibus legislation were amendments to the FOIA (pertaining mainly to intelligence agencies) entitled "Prohibition on Compliance with Requests for Information Submitted by Foreign Governments": In effect, this new language precluded any covered U.S. intelligence agency from disclosing records in response to FOIA requests made by foreign governments or international governmental organizations. By its terms, it prohibits disclosure in response to requests made by such non-U.S. governmental entities either directly or through a "representative". This means that for any FOIA request that by its nature appears as if it might have been made by or on behalf of a non-U.S. governmental entity, a covered agency may inquire into the particular circumstances of the requester in order to properly implement this new FOIA provision. The agencies affected by this amendment are those that are part of, or contain "an element of", the "intelligence community". As defined in the National Security Act of 1947 (as amended), they consist of the
CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
, the
National Security Agency The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collecti ...
, the
Defense Intelligence Agency The Defense Intelligence Agency (DIA) is an intelligence agency and combat support agency of the United States Department of Defense, specializing in defense and military intelligence. A component of the Department of Defense (DoD) and the ...
, the
National Imagery and Mapping Agency The National Geospatial-Intelligence Agency (NGA) is a combat support agency within the United States Department of Defense whose primary mission is collecting, analyzing, and distributing geospatial intelligence (GEOINT) in support of nation ...
, the National Reconnaissance Office (and certain other reconnaissance offices within the Department of Defense), the intelligence elements of the Army, the Navy, the
Air Force An air force – in the broadest sense – is the national military branch that primarily conducts aerial warfare. More specifically, it is the branch of a nation's armed services that is responsible for aerial warfare as distinct from an ...
, and the Marine Corps, the FBI, the Department of the Treasury, the Department of Energy, and the Coast Guard, the Department of Homeland Security, the
Bureau of Intelligence and Research The Bureau of Intelligence and Research (INR) is an intelligence agency in the United States Department of State. Its central mission is to provide all-source intelligence and analysis in support of U.S. diplomacy and foreign policy. INR i ...
in the Department of State, and "such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of Central Intelligence and the head of the department or agency concerned, as an element of the intelligence community".


OPEN Government Act of 2007

President Bush signed the Openness Promotes Effectiveness in our National Government Act of 2007, , on December 31, 2007. This law, also known as the "OPEN Government Act of 2007", amended the federal FOIA statute in several ways. According to a White House press release, it does so by: #establishing a definition of "a representative of the news media;" #directing that required attorney fees be paid from an agency's own appropriation rather than from the Judgment Fund; #prohibiting an agency from assessing certain fees if it fails to comply with FOIA deadlines; and #establishing an Office of Government Information Services (OGIS) in the
National Archives and Records Administration The National Archives and Records Administration (NARA) is an " independent federal agency of the United States government within the executive branch", charged with the preservation and documentation of government and historical records. It ...
to review agency compliance with FOIA. Changes include the following: * it recognizes electronic media specifically and defines "News Media" as "any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience." *it extends the 20-day deadline by allowing for up to 10 days between the FOIA office of the agency and the component of the agency holding the records and specifically allows for clarification of requests by the FOIA office (Effective 12/31/2007). *it calls for each agency to designate a FOIA Public Liaison, "who shall assist in the resolution of any disputes" (Effective 12/31/2008). * it requires agencies to assign tracking numbers to FOIA requests that take longer than 10 days, and to provide systems determining the status of a request. * it codifies and defines annual reporting requirements for each agency's FOIA program. * it specifically addresses data sources used to generate reports; "shall make the raw statistical data used in its reports available electronically ..." * it redefines the definition of an agency "record" to include information held for an agency by a government contractor. * it establishes an Office of Government Information Services (OGIS) which will offer mediation services to resolve disputes as non-exclusive alternative to litigation. * it requires agencies to make recommendations personnel matters related to FOIA such as whether FOIA performance should be used as a merit factor. * it requires agencies to specify the specific exemption for each deletion or
redaction Redaction is a form of editing in which multiple sources of texts are combined and altered slightly to make a single document. Often this is a method of collecting a series of writings on a similar theme and creating a definitive and coherent wo ...
in disclosed documents.


2009 Executive Order permitting retroactive classification

On December 29, 2009, President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
issued
Executive Order 13526 Executive Order 13526 was issued on December 29, 2009, by United States President Barack Obama.
, which allows the government to classify certain specific types of information relevant to
national security National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military att ...
after it has been requested. That is, a request for information that meets the criteria for availability under FOIA can still be denied if the government determines that the information should have been classified, and unavailable. It also sets a timeline for automatic declassification of old information that is not specifically identified as requiring continued secrecy.


2010 repeal of FOIA amendments in Wall Street reform act

The
Dodd–Frank Wall Street Reform and Consumer Protection Act The Dodd–Frank Wall Street Reform and Consumer Protection Act, commonly referred to as Dodd–Frank, is a United States federal law that was enacted on July 21, 2010. The law overhauled financial regulation in the aftermath of the Great Rece ...
, signed into law in July 2010, included provisions in section 929I that shielded the
Securities and Exchange Commission The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market ...
(SEC) from requests under the Freedom of Information Act. The provisions were initially motivated out of concern that the FOIA would hinder SEC investigations that involved
trade secret Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ...
s of financial companies, including "watch lists" they gathered about other companies, trading records of investment managers, and "trading algorithms" used by investment firms. In September 2010, the 111th Congress passed an act repealing those provisions. The act was introduced in the Senate on August 5, 2010 as S.3717 and given the name "A bill to amend the
Securities Exchange Act of 1934 The Securities Exchange Act of 1934 (also called the Exchange Act, '34 Act, or 1934 Act) (, codified at et seq.) is a law governing the secondary trading of securities ( stocks, bonds, and debentures) in the United States of America. A land ...
, the
Investment Company Act of 1940 The Investment Company Act of 1940 (commonly referred to as the '40 Act) is an act of Congress which regulates investment funds. It was passed as a United States Public Law () on August 22, 1940, and is codified at . Along with the Securities Ex ...
, and the Investment Advisers Act of 1940 to provide for certain disclosures under section 552 of title 5, United States Code, (commonly referred to as the Freedom of Information Act), and for other purposes."


Notable cases

A major issue in released documentation is government "redaction" of certain passages deemed applicable to the Exemption section of the FOIA.
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice ...
(FBI) officers in charge of responding to FOIA requests "so heavily redacted the released records as to preclude needed research." This has also brought into question just how one can verify that they have been given complete records in response to a request.


J. Edgar Hoover

This trend of unwillingness to release records was especially evident in the process of making public the FBI files on
J. Edgar Hoover John Edgar Hoover (January 1, 1895 – May 2, 1972) was an American law enforcement administrator who served as the first Director of the Federal Bureau of Investigation (FBI). He was appointed director of the Bureau of Investigation  ...
. Of the 164 files and about eighteen thousand pages collected by the FBI, two-thirds were withheld from Athan G. Theoharis, most notably one entire folder entitled the "White House Security Survey". Despite finding out that the Truman Library had an accessible file which documented all the reports of this folder, the FBI and Office of Information and Privacy put forth "stony resistance" to the FOIA appeal process.


''Department of Justice v. Landano'' murder trial

A murder trial decided in 1993, '' Department of Justice v. Landano'', , involved what was alleged to be a felony murder committed during a group burglary by defendant Landano. Justice
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
wrote the unanimous opinion. "In an effort to support his claim in subsequent state court proceedings that the prosecution violated ''
Brady v. Maryland ''Brady v. Maryland'', 373 U.S. 83 (1963), was a landmark United States Supreme Court case that established that the prosecution must turn over all evidence that might exonerate the defendant (exculpatory evidence) to the defense.
'', , by withholding material exculpatory evidence, he filed Freedom of Information Act (FOIA) requests with the FBI for information it had compiled in connection with the murder investigation."''United States Dep't of Justice v. Landano'', . In defense, the FBI put forth a claim that the redacted sections of the documents requested were withheld in accordance with FOIA regulations protecting the identity of informants who gave information regarding case details. However, O'Connor ruled that those who supplied information had no need to remain anonymous in the court setting. "To the extent that the Government's proof may compromise legitimate interests, the Government still can attempt to meet its burden with in camera affidavits." The court thus remanded the case to the Circuit Courts and rejected the FBI's claim of confidentiality as being a valid reason to withhold information. "While most individual sources may expect confidentiality, the Government offers no explanation, other than administrative ease, why that expectation always should be presumed." Thus, when Theoharis and company were in the middle of fighting in court to obtain J. Edgar Hoover files, they may well have benefited from ''Landano'' and also Janet Reno's assertions of the government's need for "greater openness" and "discretionary releases" in 1993.


Iran–Contra affair e-mails

In the case of ''Scott Armstrong v. Executive Office of the President, et al.'', the
White House The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in ...
used the PROFS computer communications software. With encryption designed for secure messaging, PROFS notes concerning the Iran–Contra affair (arms-for-hostages) under the
Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
Administration were insulated. However, they were also backed up and transferred to paper memos. The National Security Council, on the eve of President George H. W. Bush's inauguration, planned to destroy these records. The
National Security Archive The National Security Archive is a 501(c)(3) non-governmental, non-profit research and archival institution located on the campus of the George Washington University in Washington, D.C. Founded in 1985 to check rising government secrecy. The N ...
, Armstrong's association for the preservation of government historical documents, obtained an injunction in Federal District Court against the head, John Fawcett, of the
National Archives and Records Administration The National Archives and Records Administration (NARA) is an " independent federal agency of the United States government within the executive branch", charged with the preservation and documentation of government and historical records. It ...
and the National Security Council's purging of PROFS records. A Temporary Restraining Order was approved by Senior U.S. District Court Judge Barrington D. Parker. Suit was filed at District Court under Judge Richey, who upheld the injunction of PROFS records. Richey gave a further injunction to prevent a purging of the George H.W. Bush's administration's records as well. On counts of leaving the White House clean for the new Clinton Administration, the Bush group appealed but was denied its request. Finally, the Clinton Administration appealed to the U.S. Court of Appeals, stating that the National Security Council was not truly an agency but a group of aides to the President and thus not subject to FOIA regulations. Under the Presidential Records Act, "FOIA requests for NSC ouldnot be filed until five years after the president ha left office ... or twelve years if the records ereclassified." The Clinton administration won, and the National Security Archive was not granted a writ of certiorari by the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
on these grounds. According to Scott Armstrong, taking into account labor and material costs, the three presidential administrations spent almost $9.3 million on contesting the National Security Archive FOIA requests for PROFS e-mail records.


Secret e-mail accounts and abusive fees

In 2013, the
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. new ...
uncovered several federal agencies where staff regularly used fictitious identities and secret or unlisted email accounts to conduct government business. The use of these email accounts stymied FOIA requests. In some cases, the government demanded exorbitant (greater than $1 million) fees for records that appeals showed should be available for minimal cost.


Processing time

The Act contains a provision legally requiring agencies to respond to FOIA requests within 20 days. However, for two main reasons, many agencies rarely meet this requirement. First, the task of screening requests for sensitive or classified information is often arduous and lengthy at agencies like the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice ...
(FBI) and the
Central Intelligence Agency The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
(CIA). Second, Congressional funding for agency staff to handle FOIA requests is usually far less than the necessary amount to hire sufficient employees. As a result, parties who request information under FOIA often end up filing lawsuits in federal court seeking judicial orders forcing the agencies to comply with their FOIA requests. The first major case of this type was the 1976 case ''Open America v. Watergate Special Prosecution Force'', in which Open America had filed a FOIA request with the U.S. Attorney General and the FBI requesting copies of all their documents relating to the role of former FBI Director
L. Patrick Gray Louis Patrick Gray III (July 18, 1916 – July 6, 2005) was Acting Director of the Federal Bureau of Investigation (FBI) from May 3, 1972 to April 27, 1973. During this time, the FBI was in charge of the initial investigation into the burglarie ...
in the
Watergate scandal The Watergate scandal was a major political scandal in the United States involving the administration of President Richard Nixon from 1972 to 1974 that led to Nixon's resignation. The scandal stemmed from the Nixon administration's contin ...
. The FBI had over 5,000 pending FOIA requests at the time, and did not respond within the statutory 20-day limit. Open America sued in the
U.S. District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District o ...
, and the court issued an order commanding the FBI to either immediately comply with or deny Open America's request. The government appealed to the
U.S. Court of Appeals for the D.C. Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...
, which found that FOIA requests could be categorized into "simple" and "difficult" requests, and that although Open America's request was "difficult", the FBI had been using "due diligence" in responding to it. The court held that because there was no pressing urgency to Open America's request, its lawsuit did not move it to the head of the queue, and it would have to wait its turn. This legal reasoning and holding has been adopted by all other American circuits, though courts continue to complain that FOIA request delays are too long. In the 1983 case ''McGehee v. CIA'' the District of Columbia Circuit Court of Appeals stated, The Center for Effective Government analyzed 15 federal agencies which receive the most FOIA requests in-depth. The organization used a scale considering 3 factors: the clarity of agency rules regarding FOIA requests, quality or 'friendliness' of an agency's FOIA webpage, and the timely, complete manner of processing requests. With this metric, it concluded that federal agencies are struggling to implement public disclosure rules. In the latest analysis published in 2015 (using 2012 and 2013 data, the most recent years available) ten of the 15 did not earn satisfactory overall grades, scoring less than 70 out of a possible 100 points. Eight of the ten earned Ds, including the
Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-ter ...
(69 percent), Department of Transportation (68 percent),
United States Department of the Treasury The Department of the Treasury (USDT) is the national treasury and finance department of the federal government of the United States, where it serves as an executive department. The department oversees the Bureau of Engraving and Printing and ...
(Treasury) (68 percent), the
Environmental Protection Agency A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale ...
(EPA) (67 percent), the United States Department of Labor (63 percent), the
United States Department of Veterans Affairs The United States Department of Veterans Affairs (VA) is a Cabinet-level executive branch department of the federal government charged with providing life-long healthcare services to eligible military veterans at the 170 VA medical centers a ...
(64 percent), the
United States Department of Defense The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national sec ...
(61 percent), the
Securities and Exchange Commission The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market ...
(61 percent). The Department of Health and Human Services and the
Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other na ...
earned an F. The State Department's score (37 percent) was dismal due to its extremely low processing score of 23 percent, which was completely out of line with any other agency's performance. Scores of five agencies, the Equal Employment Opportunity Commission, the Department of Health and Human Services, the SEC, the DOJ, and the EPA, even decreased marginally.


Implementation by government agencies

Starting in 2012, the Federal government job title Government Information Specialist was established for professionals focused on FOIA or privacy matters. Agencies sometimes track or process FOIA requests on websites or systems shared across organizations, such as FOIAonline and eFOIA.


See also

* Commission on Protecting and Reducing Government Secrecy * Declassification * Freedom of information in the United States * Glomar response * Federal Records Act *
John E. Moss John Emerson Moss (April 13, 1915 – December 5, 1997) was an American politician of the Democratic Party, noted for his championing of the federal Freedom of Information Act (FOIA) through multiple sessions of the United States House of Repre ...
*
MuckRock MuckRock is a United States-based 501(c)(3) non-profit organization which assists anyone in filing governmental requests for information through the Freedom of Information Act (FOIA) and other public record laws around the United States, then pub ...
* Mosaic theory


References

;Attribution *


Further reading

* * * * (Mentions inadequacy of government response to FOIA requests, e.g. around 22 min. in) * * * * * *


External links


FOIA.gov
– U.S. Department of Justice FOIA complete reference

- The National Security Archive at George Washington University
Stanford Libraries FOIA archive
– Preserved collection of sites that deal with Freedom of Information Act (FOIA) requests and documents. This includes government sites that receive and distribute FOIA documents (aka "FOIA reading rooms") as well as non-profit organizations and government watchdogs that request large numbers of FOIA documents on specific topics like national security and civil rights.
Freedom of Information Act Resources
– compiled by the Law Librarians' Society of Washington, D.C.
FOIA Wiki
– wiki maintained by
Reporters Committee for Freedom of the Press The Reporters Committee for Freedom of the Press (RCFP) is a nonprofit organization based in Washington, D.C., that provides pro bono legal services and resources to and on behalf of journalists. The organization pursues litigation, offers dire ...
with explanatory entries on various aspects of FOIA, including caselaw, agency information, and recent FOIA decisions * {{DEFAULTSORT:Freedom Of Information Act (United States) 1966 in law Freedom of information legislation in the United States Privacy law in the United States United States federal government administration legislation