Freedom of Information Act

1
Freedom of Information Act

• Balancing the right to know and privacy rights in
  the computer age

2
FOIA passed in 1966

• Rumsfeld (right, with Cheney) was a big
  supporter of FOIA as a young congressman

3
Provisions of FOIA

• Applies to entire executive branch of the federal
  government
• Does not apply to the president or his immediate
  staff
• Does not apply to Congress or the judiciary

4
Exemptions

• 1. National security

5
Exemptions

• 3. Laws that forbid the release of certain
  information, such as tax returns

6
Exemptions

• 5. Internal agency memos and policy discussions

7
Exemptions

• 6. Personal privacy

8
Exemptions

• 7. Information compiled for law-enforcement
  purposes

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Using FOIA

• First, try the informal route
• Good examples near end of Chapter 6
• FOIA letter-generator is at
• www.rcfp.org/foi_letter/generate.php

10
Department of Justice v. Reporters Committee
(1989)

• Shows how computers have changed attitudes
  regarding public records
• In 1978 Robert Schakne of CBS News sought rap
  sheets of Medico family, tied to corrupt
  Pennsylvania congressman, Daniel Flood
• Department of Justice said no

11
Judge Laurence Silberman

• Public records should be available to the public
• Must assume its for the public good
• FOIA is for everyone, not just the press

12
Justice John Paul Stevens

• Reverses Silberman, finds that not all public
  records must be disclosed
• Vote is 9-0
• Makes two key findings

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Invasion of privacy

• Just because rap sheets are public records
  doesnt mean theyre easily available
• Reporters Committee takes a cramped notion of
  personal privacy
• Vast difference between scattered records and a
  computerized compilation

14
An unwarrantedinvasion of privacy

• What is the purpose of the FOIA?
• An invasion of privacy may be warranted if it
  sheds light on the actions of the government
• An invasion of privacy is unwarranted if it
  merely sheds light on the actions of an individual

15
Jane Kirtley of RCFP

• It says that today something may be a public
  document but tomorrow it's not because it's on a
  computer tape
• ACLU on the other side