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FOIA news: FOIA.gov launches and how to be a cooperative FOIA reviewer for EFF

Because it's Sunshine Week, there's lots of news about the Freedom of Information Act (FOIA). First off, the US Department of Justice just announced their new site FOIA.gov as a central repository for FOIA compliance across the Federal government, agency FOIA data since 2008 (detailed reports here), and FOIA spotlight in the news. Interestingly, they haven't put up a link to individual agency FOIA electronic reading rooms, but I've sent in that request and hopefully it'll soon be added to the site. Do you want to assist in the FOIA process? If so, the Electronic Frontier Foundation (EFF) has a job for you. The EFF has so many liberated/FOIA'd documents in the realms of privacy, due process and civil liberties, that they're seeking help from the public to pore over those liberated government docs as part of their cooperative FOIA review project.

Here's how the Cooperating FOIA list will work: Send us an email to put your name on our list. When we get government documents in response to a FOIA request, we'll post a note to the list with a basic description of the project (for example: "Documents from DHS detailing government use of social media - approximately 100 pages" or "Documents from FBI detailing misuse of National Security Letters - approximately 10,000 pages"). If you're on the list and are interested, you contact us, and we'll tell you how to access pdf versions of the documents and what we're looking for in the information. Then you review the documents and let us know what you find. Interested in being a Cooperating FOIA Reviewer? Send a note to coopfoia@eff.org with your name, email address, and some brief information on who you are and what you're interested in, and we'll add you to the list.
And finally, check out SunshineWeek.org for FOI news roundup and event listings around the country. You can also play the Ray of Sunshine game! Continue reading

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Wikieaks, Rumsfeld, and Gawker

Amidst the spirited discussion here and elsewhere about Wikileaks, you might have missed the fact that Donald Rumsfeld set up a web site (rumsfeld.com) with hundreds of "declassified or previously unreleased documents" to accompany his new book. (Rumsfeld compared his "archive" to a sort of legitimate version of Wikileaks.) Rumsfeld didn't have to go through that pesky FOIA process to get or release those documents either. (See: Rumsfeld’s Snowflake, “Subject:Porpoises” and Rumsfeld Memoir Highlights VIP Access to Government Files). Now, here is more news:

John Cook at Gawker has posted a collection of documents that Donald Rumsfeld neglected to include in his archival Rumsfeld Papers website that accompanied the publication of his recent memoir. Cook and company obtained the documents by sending a FOIA request to the Defense Department for all the records that Rumsfeld had requested and previously obtained from DOD via FOIA. The result was many documents that did not make their way into Rumsfeld’s online collection. The documents (available in their entirety here) portray Rumsfeld “curious to know what the rush is” in bringing enemy combatant and U.S. Citizen John Walker Lindh to a speedy trial, interested in rationalizing why administration policies toward detainees was "perfectly legal, proper, and historically correct," and emphasizing that administration officials continued "referring to our 'plan'." --FRINFORMSUM: 2/24/2011, Unredacted, by Seth Maddox.
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Judge rules that unsearchable PDFs are ‘not sufficient’

In an interesting court decision, a federal judge ruled last week that some federal agencies had wrongly turned over information in unsearchable PDF files. The judge in the case, U.S. District Judge Shira A. Scheindlin, "is regarded as an expert on electronic discovery issues, having written three books on the subject." In addition, the judge ruled that the agency must produce requested requested metadata such as the date files were created and modified.

Although this is surely not the last word in either this particular case or in case law in general on these issues, it is a significant step. It demonstrates that the courts are beginning to recognize that simple "access" to "information" is not sufficient any more. Information must be provided in formats that enable its use and re-use. In this particular case, plaintiffs had requested spreadsheets and received instead simple images of pages or "screen shots." This is relevant to the dissemination of all government information. Governments must make their information not just accessible and viewable, but usable and re-usable. Perhaps more case law will help persuade agencies of the need to produce information originally in open, re-usable, and therefore preservable, digital formats. Hat tip to Kevin Taglang! Continue reading

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FOIA How-to

A Condensed User Guide for FOIA Requests, by Nicole Johnson, UNREDACTED: The National Security Archive blog (February 3, 2011).

The National Security Archive has committed an entire section of its website, thirteen blog entries, and one 122-page manual, among other resources, to explain how users can effectively engage FOIA. My purpose in writing this blog is to provide you with a single reference for all FOIA inquiries. Ambitious, but possible through the invention of hyperlinks.
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Lunchtime listen: Rummaging in the government’s attic (2010 next HOPE conference talk)

[w:Phil Lapsley] and Michael Ravnitzky gave an intriguing talk on [w:Freedom of Information Act (United States)] or FOIA at the Next HOPE Conference, New York City, July 2010. The talk was entitled "Rummaging in the Government's Attic: Lessons Learned from More Than 1,000 Freedom of Information Act Requests." You can access both the audio file (23 MB mp3 file) and the slides (2.7 MB pdf file). And don't forget to surf on over to the Government Attic for access to all of the FOIA'd documents. Thanks Phil and Michael for the informative talk and for and for your studies of FOIA! [originally posted on Govdoc-l listserv] Continue reading

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