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America Expands Its Freedom of Information Act (washingtonpost.com)
An anonymous reader writes:
As America headed into its "Independence Day weekend," the U.S. Congress passed -- and President Obama signed -- the "FOIA Improvements Act of 2016". It now establishes a "presumption of disclosure" by law, and will even allow the disclosure of "deliberative process" records after 25 years, meaning those records from the Reagan (and prior) administrations should now become open, according to the Washington Post. In addition, the law also creates a comprehensive new "online request portal" for requesting records from all agencies, and even requires those agencies to make digital copies available for any records requested three or more times.
"By updating FOIA for the digital age, our law puts more government information than ever before online in a format familiar and accessible to the American people," said Senator Leahy, who sponsored the legislation. On the 50th anniversary of America's original Freedom of Information Act, Leahy added that "a government of, by, and for the people cannot be one that is hidden from them... "
It's the law's 50th anniversary, and Leahy imagined a world 50 years in the future, when the next generation "will look back at this moment and gauge our commitment to the founding principles of our democracy. Let them see that we continued striving for a 'more perfect union' by strengthening the pillar of transparency that holds our government accountable to "We the People.' "
"By updating FOIA for the digital age, our law puts more government information than ever before online in a format familiar and accessible to the American people," said Senator Leahy, who sponsored the legislation. On the 50th anniversary of America's original Freedom of Information Act, Leahy added that "a government of, by, and for the people cannot be one that is hidden from them... "
It's the law's 50th anniversary, and Leahy imagined a world 50 years in the future, when the next generation "will look back at this moment and gauge our commitment to the founding principles of our democracy. Let them see that we continued striving for a 'more perfect union' by strengthening the pillar of transparency that holds our government accountable to "We the People.' "
Nah, doesn't matter. The FOIA doesn't apply to Hillary in any case.
"I do not agree with what you say, but I will defend to the death your right to say it"
"This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person."
Am I reading that right? A presumption of disclosure is what they claim...but don't hold them to it?
Exemption 1: Information that is classified to protect national security. Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Exemption 3: Information that is prohibited from disclosure by another federal law. Exemption 4: Trade secrets or commercial or financial information that is confidential or privileged. Exemption 5: Privileged communications within or between agencies, including: Deliberative Process Privilege Attorney-Work Product Privilege Attorney-Client Privilege Exemption 6: Information that, if disclosed, would invade another individual's personal privacy. Exemption 7: Information compiled for law enforcement purposes that: 7(A). Could reasonably be expected to interfere with enforcement proceedings 7(B). Would deprive a person of a right to a fair trial or an impartial adjudication 7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy 7(D). Could reasonably be expected to disclose the identity of a confidential source 7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions 7(F). Could reasonably be expected to endanger the life or physical safety of any individual Exemption 8: Information that concerns the supervision of financial institutions. Exemption 9: Geological information on wells.
Happiness in intelligent people is the rarest thing I know.
Ernest Hemingway
according to Section 5(g)(2)(D) of the Kennedy Act, all records in the Kennedy Collection will be opened by 2017 unless certified as justifiably closed by the President of the United States. (http://www.archives.gov/research/jfk/faqs.html)
The law itself specifies that no additional funds are authorized to comply with the new requirements, so we'll see how these changes will actually be implemented. The Washington Post article cited in the summary already notes "Federal agencies have often starved their FOIA departments for resources; the new law will not change that. Backlogs stretch for years."
So, yeah. In theory, it gives broader and easier access to records. In practice, expect to wait forever to have your records request processed, just as before.