The Freedom of Information Act

1. The Freedom of Information Act

2. Why discuss it? How useful is it? Check this out! http://www.youtube.com/watch?v=k649YdM6PLo

3. History • What inspired the legislation? • “A Democratic congressman from Sacramento, California, the late John Moss, was the real hero of the Freedom of Information story. Supported by extensive press coverage and active lobbying by newspaper editors, Moss led hearings beginning in 1955 that documented and denounced excessive government secrecy.” NSA article • Who signed it into the law (and when)? • LBJ, 1966 (took effect in 1967) • How has it commonly been used by the American public over time? • By the media to some degree, but mostly by American citizens who simply yearn to know more than they’re openly told. The most common FOIA requests are for information on homeland security, veterans’ affairs, and, yes, aliens.

4. What does the Freedom of Information Act entitle American citizens to? The Freedom of Information Act (FOIA), enacted in 1966, generally provides that any person has the right to request access to federal agency records or information.

5. What exemptions exist under the law? In other words, what types of information are we not entitled to, and why? The exemptions cover: (1) classified national defense and foreign relations information, (2) internal agency rules and practices, (3) information that is prohibited from disclosure by another law, (4) trade secrets and other confidential business information, (5) inter-agency or intra-agency communications that are protected by legal privileges, (6) information involving matters of personal privacy, (7) certain information compiled for law enforcement purposes, (8) information relating to the supervision of financial institutions, and (9) geological information on wells. (U.S. Gov't FOIA page)

6. How have federal Freedom of Information laws evolved or been modified over time, and what has prompted that change? 1974 Amendment – In the wake of the Watergate scandal and several court decisions, Congress sought to amend the FOIA.  After negotiations between Congress and the Ford Administration broke down, Congress passed significant amendments to the FOIA.  President Ford vetoed the amendments and Congress swiftly voted to override the veto.  1976 Amendment –In 1976, as part of the Government in Sunshine Act, Exemption 3 of the FOIA was amended.  1986 Amendment – In 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.  1996 Amendment – The FOIA was significantly amended in 1996 with the Electronic Freedom of Information Act Amendments of 1996.  2002 Amendment – In 2002, in the wake of the 9/11 attacks, the FOIA was amended to limit the ability of foreign agents to request records from U.S. intelligence agencies.

7. Which agencies can be contacted through the FOIA? Which agencies are off limits? Why are those agencies exempted from the law? Check this out! Who CAN and CANNOT be "FOIAed"

8. How effectively does the government comply with the law? Do all agencies respond inside the required time frame? Which agencies do not? Why? Take a look at this! Grading the Government And this! USA Today story

9. How does the FOIA apply to state and local governments? Are there laws at these levels of government that provide citizens with equal rights to similar types of information? Does the FOIA apply to public school districts? How would one file a request with the Shenendehowa School District?

10. How does the Obama administration rank (compared to other administrations) with regard to government transparency? Which administration has been the most transparent? What reasons might exist for this disparity?

11. What major stories have been born from information obtained through the Freedom of Information Act? Why or how were they significant? Be prepared to discuss them in depth.