Académique Documents
Professionnel Documents
Culture Documents
1 Background
With the ongoing stress on both constitutional and inherent rights of American citizens and the added assertion of
government subservience to the individual, some, particularly representative John Moss, thought it was necessary
for government information to be available to the public. This push built on existing principles and protocols
of government administration already in place.
Others, though -- most notably President Lyndon B. Johnson -- believed that certain types of unclassied government information should nonetheless remain secret.
Notwithstanding the White Houses opposition, Congress
expanded Section 3 of the Administrative Procedure Act
as a standalone measure in 1966 to further standardize
the publication of government records, consistent with
the belief that the people have the right to know about
them. The Privacy Act of 1974 was passed as a countervailing measure to ensure the security of government
documents increasingly kept on private citizens.
2 Scope
The act explicitly applies only to executive branch government agencies. These agencies are under several
mandates to comply with public solicitation of information. Along with making public and accessible all
bureaucratic and technical procedures for applying for
documents from that agency, agencies are also subject
to penalties for hindering the process of a petition for
information. If agency personnel acted arbitrarily or
capriciously with respect to the withholding, [a] Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against
the ocer or employee who was primarily responsible
for the withholding.[6] In this way, there is recourse for
one seeking information to go to a federal court if suspicion of illegal tampering or delayed sending of records
exists. However, there are nine exemptions, ranging
from a withholding specically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy
and trade secrets to clearly unwarranted invasion of
personal privacy.[6] The nine current exemptions to the
FOIA address issues of sensitivity and personal rights.
They are (as listed in Title 5 of the United States Code,
section 552):[7]
3 HISTORY
1. (A) specically authorized under criteria established
9. geological and geophysical information and data, inby an Executive order to be kept secret in the interest
cluding maps, concerning wells.[8]
of national defense or foreign policy and (B) are in
fact properly classied pursuant to such Executive The Postal Reorganization Act of 1970 (at 39 U.S.C.
order;[8]
410(c)(2)) exempts the United States Postal Service
(USPS) from disclosure of information of a commer2. related solely to the internal personnel rules and
cial nature, including trade secrets, whether or not ob[8]
practices of an agency;
tained from a person outside the Postal Service, which
3. specically exempted from disclosure by statute under good[9] business practice would not be publicly
(other than section 552b of this title), provided that disclosed.
4.
5.
6.
7.
8.
such statute (A) requires that the matters be withheld from the public in such a manner as to leave
no discretion on the issue, or (B) establishes partic- 3 History
ular criteria for withholding or refers to particular
types of matters to be withheld;[8] FOIA Exemption The law came about because of the determination of Con3 Statutes
gressman John E. Moss of California. Moss was the
chairman of the Government Information Subcommittee.
trade secrets and commercial or nancial inforIt took Moss 12 years to get the Freedom of Information
mation obtained from a person and privileged or
Act through Congress successfully.[10] Much of the desire
condential;[8]
for government transparency stemmed from the Departinter-agency or intra-agency memoranda or letters ment of Defense and Congressional committees evaluawhich would not be available by law to a party other tion of the nations classication system in the late 1950s.
They determined that the misuse of government classithan an agency in litigation with the agency;[8]
cation of documents was causing insiders to leak docpersonnel and medical les and similar les the dis- uments that were marked condential. The committee
closure of which would constitute a clearly unwar- also determined that the lowest rung of the condentiality
ladder condential should be removed. They deemed
ranted invasion of personal privacy;[8]
that secret and top secret covered National security
records or information compiled for law enforce- adequately.[11] The Moss Committee took it upon itself to
ment purposes, but only to the extent that the pro- reform condentiality policy and implement punishments
duction of such law enforcement records or infor- for the overuse of classication by ocials and departmation (A) could reasonably be expected to inter- ments.
fere with enforcement proceedings, (B) would deThe FOIA has been changed repeatedly by both the legprive a person of a right to a fair trial or an imparislative and executive branches.
tial adjudication, (C) could reasonably be expected
to constitute an unwarranted invasion of personal
privacy, (D) could reasonably be expected to dis- 3.1 Initial enactment
close the identity of a condential source, including
a State, local, or foreign agency or authority or any The Freedom of Information Act was initially introduced
private institution which furnished information on a as the bill S. 1160 in the 89th Congress. When the twocondential basis, and, in the case of a record or in- page bill was signed into law it became Pub.L. 89487,
formation compiled by a criminal law enforcement 80 Stat. 250, enacted July 4, 1966, but had an eective
authority in the course of a criminal investigation or date of one year after the date of enactment, or July 4,
by an agency conducting a lawful national security 1967. The law set up the structure of FOIA as we know
intelligence investigation, information furnished by it today.
a condential source, (E) would disclose techniques
and procedures for law enforcement investigations But that law was actually repealed. During the period beor prosecutions, or would disclose guidelines for law tween the enactment of the act and its eective date, Title
enforcement investigations or prosecutions if such 5 of the United States Code was enacted into positive
[12]
disclosure could reasonably be expected to risk cir- law. For reasons now unclear but which may have had
cumvention of the law, or (F) could reasonably be to do with the way the enactment of Title 5 changed how
expected to endanger the life or physical safety of the law being amended was supposed to be cited, the original Freedom of Information Act was replaced. A new
any individual;[8]
act in Pub.L. 9023, 81 Stat. 54, enacted June 5, 1967
contained in or related to examination, operating, or (originally H.R. 5357 in the 90th Congress), repealed the
condition reports prepared by, on behalf of, or for original and put in its place a substantively identical law.
the use of an agency responsible for the regulation This statute was signed on June 5, 1967, and had the same
or supervision of nancial institutions;[8] or
eective date as the original statute: July 4, 1967.
3.4
3.2
3.3
In 1976, as part of the Government in the Sunshine Act, Between 1995 and 1999, President Clinton issued execuExemption 3 of the FOIA was amended so that several tive directives (and amendments to the directives) that allowed the release of previously classied national security
exemptions were specied:
documents more than 25 years old and of historical interest, as part of the FOIA.[21] This release of information
allowed many previously publicly unknown details about
1. Information relating to national defense,
the Cold War and other historical events to be discussed
[19]
2. Related solely to internal personnel rules and prac- openly.
tices,
3. Related to accusing a person of a crime,
The Electronic Freedom of Information Act Amendments of 1996 (E-FOIA) stated that all agencies are required by statute to make certain types of records, created by the agency on or after November 1, 1996, available electronically. Agencies must also provide electronic reading rooms for citizens to use to have access to
records. Given the large volume of records and limited
resources, the amendment also extended the agencies required response time to FOIA requests. Formerly, the
response time was ten days and the amendment extended
it to twenty business days.[22]
3.8
3 HISTORY
2001 Executive Order limiting the a covered agency may inquire into the particular circumstances of the requester in order to properly implement
FOIA
this new FOIA provision.[25]
3.9
the component of the agency holding the records and and Exchange Commission (SEC) from requests under
specically allows for clarication of requests by the the Freedom of Information Act. The provisions were
FOIA oce (Eective 12/31/2007).
initially motivated out of concern that the FOIA would
hinder SEC investigations that involved trade secrets of
it calls for each agency to designate a FOIA Public nancial companies, including watch lists they gathLiaison, who shall assist in the resolution of any ered about other companies, trading records of investdisputes (Eective 12/31/2008).
ment managers, and trading algorithms used by investment rms.[34]
it requires agencies to assign tracking numbers to
In September 2010, the 111th Congress passed an act
FOIA requests that take longer than 10 days, and to
repealing those provisions. The act was introduced in
provide systems determining the status of a request.
the Senate on August 5, 2010 as S.3717[35] and given
the name A bill to amend the Securities Exchange Act
it codies and denes annual reporting requirements
of 1934, the Investment Company Act of 1940, and the
for each agencys FOIA program.
Investment Advisers Act of 1940 to provide for certain
disclosures under section 552 of title 5, United States
it specically addresses data sources used to generCode, (commonly referred to as the Freedom of Inforate reports; shall make the raw statistical data used
mation Act), and for other purposes.
in its reports available electronically...
4 Notable cases
5 SEE ALSO
4.3 E-mail
In the case of Scott Armstrong v. Executive Oce of the
President, et al., the White House used the PROFS[17]
computer communications software. With encryption
designed for secure messaging, PROFS notes concerning the Iran-Contra aair (arms-for-hostages) under the
Reagan Administration were insulated. However, they
were also backed up and transferred to paper memos.
The National Security Council, on the eve of President
George H.W. Bush's inauguration, planned to destroy
these records. The National Security Archive, Armstrongs association for the preservation of government
historical documents, obtained an injunction in Federal
District Court against the head, John Fawcett, of the
National Archives and Records Administration and the
National Security Councils purging of PROFS records.
A Temporary Restraining Order was approved by Senior
U.S. District Court Judge Barrington D. Parker. Suit was
led at District Court under Judge Richey, who upheld
the injunction of PROFS records.[37]
to support his claim in subsequent state court proceedings that the prosecution violated Brady v. Maryland,
373 U.S. 83 (1963), by withholding material exculpatory
evidence, he led Freedom of Information Act (FOIA)
requests with the FBI for information it had compiled in
connection with the murder investigation.[36]
In defense, the FBI put forth a claim that the redacted
sections of the documents requested were withheld in
accordance with FOIA regulations protecting the identity of informants who gave information regarding case
details. However, O'Connor ruled that those who supplied information had no need to remain anonymous in
the court setting. To the extent that the Governments
proof may compromise legitimate interests, the Government still can attempt to meet its burden with in camera
adavits. The court thus remanded the case to the Circuit Courts and rejected the FBIs claim of condentiality
as being a valid reason to withhold information.
7
Declassication
Freedom of information in the United States
Glomar response
References
External links
U.S. Department of Justice FOIA complete reference
Freedom of Information Act Resources compiled by
LLSDC.org
Stanford Libraries FOIA archive Preserved collection of sites that deal with Freedom of Information
Act (FOIA) requests and documents. This includes
government sites that receive and distribute FOIA
documents (aka FOIA reading rooms) as well as
non-prot organizations and government watchdogs
that request large numbers of FOIA documents on
specic topics like national security and civil rights.
Eect on Soviet Piracy in Cold War from the Dean
Peter Krogh Foreign Aairs Digital Archives
Freedom of Information Act. Amend section 3
of the Administrative Procedure Act. Enrolled Acts
and Resolutions of Congress, compiled 17892008.
U.S. National Archives and Records Administration. July 4, 1966.
Peters, Gerhard; Woolley, John T (July 4, 1966).
Statement by the President Upon Signing the
Freedom of Information Act."". The American
Presidency Project. University of California Santa
Barbara.
EXTERNAL LINKS
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8.3
Content license