FOI Advocate Blog

The NFOIC open government blog is a compendium of original concepts and analysis as well as ideas, edited excerpts and materials from a variety of sources. When the information comes from another source, we will attribute it and provide a link. The blog relies on the accuracy and integrity of the original sources cited; we will correct errors and inaccuracies when we become aware of them.

If you're looking for Advocate posts from before July, 2011, visit http://foiadvocate.blogspot.com/.

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March 1, 2012 2:28 PM

From BoingBoing:

Want to make a freedom-of-information request to the FBI or other three-letter agencies for any information they might have about you? This post links to a website that lets you enter personal information (or not, if you prefer), and then automatically print form letters to the correct government offices.

The incident that precipitated the article is pretty bizarre: a woman with a history of protest asked the FBI for her file and discovered that she'd been closely followed. What's more, she learned that despite all that close surveillance, the FBI got her political allegiances completely wrong, describing bitter rivals as fellow travelers and generally getting it all messed up.

February 17, 2012 1:13 PM

A few open government and FOIA news items selected from many of interest that we might or might not have drawn attention to earlier:

"Why I'm Suing the FBI, the DoD and the CIA"

Over the past year, I've filed dozens of Freedom of Information Act (FOIA) requests with the FBI, CIA, Department of Defense, and other government agencies in hopes of prying loose documents I need to support my investigative reporting efforts on a wide-range of issues and policies.

One of the frustrating realities about the FOIA process is the enormous backlog of requests government agencies have to contend with, which means many months or years could pass before my request is finally processed and I receive a response. However, a little-known FOIA provision allows requesters to seek an estimated date of completion from government agencies on their FOIA requests...

Visit TruthOut for the rest.

Cybersecurity Bill Threatens Public Access to Information, Accountability

Yesterday organizations concerned with open government and accountability released a letter expressing their concern with several sections of the recently-introduced Cybersecurity Act of 2012 and urging the Senate to delay voting on the bill until the issues have been carefully and thoroughly reviewed.

The letter cites provisions in the bill that create unnecessary, overbroad and unwise limitations to access of information, including broad exemptions to the Freedom of Information Act (FOIA), and jeopardize the rights of whistleblowers.

Visit OpenTheGovernment.org for the rest.

Arkansas Police use of force records subject to FOI

Police records regarding the use of force by an officer are not exempt from the Arkansas Freedom of Information Act, the state Supreme Court said today in a ruling hailed as a victory for open government.

The high court affirmed a circuit judge’s ruling that the Little Rock Police Department could not refuse to release its use-of-force reports requested under the FOI law. The reports were requested by an attorney for Chris Erwin, who was struck several times by Little Rock police Lt. David Hudson during an arrest outside a Little Rock restaurant on Oct. 29.

Visit Arkansas News for the rest.

EPA, Commerce take lead in developing "FOIA Portal"

A buzz is growing in the federal Freedom of Information community about a new $1.3 million “FOIA Portal” under development and slated for launch this fall. Thursday we got a chance to look under the hood a bit, as part of a group organized by the Office of Government of Information Services.

Visit Investigative Reporting Workshop for the rest.

Conn. high court rules university can withhold trade secrets

The Connecticut Supreme Court ruled Tuesday in University of Connecticut v. Freedom of Information Commission that a public entity could invoke the trade secret exemption in the state freedom of information act to shield its own records from being released.

Visit Reporters Committee for Freedom of the Press for the rest.

FOI requests trigger DOT investigation

Outside investigators will conduct a probe of the planning, real estate and record-keeping practices of the Delaware Department of Transportation as a result of new signs of poor document security and unexplained gaps in key files potentially involving millions in taxpayer dollars.

The investigation was triggered by a series of Freedom of Information Act requests filed by The News Journal in recent months involving agency land deals and the involvement of political figures in certain highway projects that affect commercial interests.

Visit Delaware Online for the rest.

February 3, 2012 9:49 AM

From Politico.com:

A Memphis newspaper won a round Tuesday in its battle for access to the FBI's files on a famous civil rights era photographer who reportedly spied on top civil rights leaders for the agency in the 1960s.

A federal judge also gave the Justice Department a tongue-lashing for some of the arguments it presented to withhold records about the photographer, Ernest Withers, who died in 2008 after an earlier career in which he had regular access to Rev. Martin Luther King Jr. and other key figures in the movement.

February 1, 2012 4:29 PM

From Courthouse News Service:

WASHINGTON (CN) - A nonprofit government watchdog claims the FBI refuses to release information on "the government's identification and surveillance of individuals who have demonstrated support for or interest in WikiLeaks."

The Electronic Privacy Information Center sued the Department of Justice's Criminal Division and National Security Division, and the FBI, in a FOIA complaint in Federal Court.

January 18, 2012 12:50 PM

From Truthout:

Have you ever filed a Freedom of Information Act (FOIA) request with the FBI and received a written response from the agency stating that it could not locate records responsive to your request?

If so, there's a chance the FBI may have found some documents, but for unknown reasons, the agency's FOIA analysts determined it was not responsive and "blackballed" the file, crucial information the FBI withholds from a requester when it issues a "no records" response.

January 13, 2012 4:19 PM

Happy Martin Luther King Jr. Day

A few open government and FOIA news items selected from many of interest that we might or might not have drawn attention to previously:

Hospital errors could become public under proposed new Missouri rules

A spokesman for the Missouri Hospital Association said the proposed change could eventually make those adverse events involving Medicaid patients more transparent. The agency that oversees Missouri's Medicaid program, the Department of Social Services, is subject to public records requests. Information about the adverse events is in billing data that the hospital submits.

Visit News-leader.com for the rest.

Numerous explosive finds in Wu-Tang clan member Ol’ Dirty Bastard’s FBI files

The FBI recently released their file on the late rapper Ol’ Dirty Bastard—of Wu-Tang Clan fame—thanks to the Freedom of Information Act, and it’s a doozy. The FBI alleges the Wu-Tang Clan was connected to various murders, drug deals, the Bloods gang, and other nefarious dealings.

Visit The Daily Beast for the rest.

New bill would put taxpayer-funded science behind pay walls

Right now, if you want to read the published results of the biomedical research that your own tax dollars paid for, all you have to do is visit the digital archive of the National Institutes of Health. There you’ll find thousands of articles on the latest discoveries in medicine and disease, all free of charge. A new bill in Congress wants to make you pay for that, thank you very much.

Visit ProPublica for the rest.

Maine governor seeks to exempt working papers from Freedom of Access Act

If you search "freedom of information" on the Maine state government's Web site, it will lead you to a page about the Freedom of Access Act, or FOAA. There, it says that the public's right to information about government activities lies at the heart of a democratic government. When Gov. Paul LePage was a candidate, he pledged to have an open and transparent government. But now he wants to exempt his working papers from FOAA.

Visit Maine Public Broadcasting Network for the rest.

Massachusetts to school committee: Announce release of meeting minutes

The state Attorney General's Office reminded the Melrose School Committee last summer that when executive session minutes are released, the committee must announce their availability, according to a letter released this week by the state. The letter closes an Open Meeting Law complaint filed with the Attorney General Office's Division of Open Government by resident Maryan Hollis, a regular attendee of School Committee meetings.

Visit Melrose, MA Patch for the rest.

Florida bill would require public comment at meetings

TALLAHASSEE -- Florida’s citizens would get the right to be heard on public issues, not just be seen, at meetings of local government and state executive branch bodies under a bill that cleared a Senate subcommittee Wednesday. The measure (SB 206) was filed in response to a pair of appellate court rulings that noted Florida’s open government “Sunshine Law” requires officials to meet in public but does not give citizens a right to speak at those meetings.

Visit Bradenton Herald for the rest.

January 11, 2012 2:54 PM

From Josh Gerstein at Politico:

The Federal Bureau of Investigation was wrong to categorically withhold all records of a corruption probe of Rep. Don Young (R-Alaska), a federal judge ruled Tuesday.

Acting in response to a Freedom of Information Act lawsuit filed by the watchdog group Citizens for Responsibility and Ethics in Washington, U.S. District Court Judge Gladys Kessler said that while records of probes of private individuals are regularly withheld as a categorical matter, investigations into public officials should not be treated the same way. In addition, she rejected the Justice Department's arguments that the only reason to grant CREW's request would be if there was evidence of impropriety on the part of the federal agency that conducted the probe, in this instance, the FBI.

December 14, 2011 9:44 AM

From Computerworld:

The FBI has denied a request for the release of information regarding its use of Carrier IQ's software, saying that releasing the information could interfere with ongoing law enforcement operations.

[...]

The request under the Freedom of Information Act was filed Dec. 1 by Michael Morisy, co-founder of MuckRock, a website that helps people file FOIA requests with the government. Morisy asked the FBI for any manuals, documents or other written material it might have related to the FBI's use of data gathered by Carrier IQ.

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