Court opinion issued Aug. 1, 2023

La Union DEL Pueblo Entero v. FEMA (S.D. Tex.) -- in most relevant part, (1) adopting magistrate’s report and recommendation (R&R) that FEMA failed to show that it adequately searched for records concerning its “Individuals and Households Program”; and (2) agreeing with R&R that FOIA authorizes prospective injunctive relief as a remedy, but declining to decide whether it can enforce the electronic reading room requirement.

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: Presidential Campaign Files FOIA Lawsuit

Ramaswamy sues DOJ, files fresh records request for Trump indictment details

By Julia Miller, The Hill, Aug. 2, 2023

Republican presidential candidate Vivek Ramaswamy on Tuesday announced he’s suing the Department of Justice (DOJ) and filing a new Freedom of Information Act (FOIA) records request for more details about the recent indictments of former President Trump. 

Read more here.

FOIA News: Agencies testing artificial intelligence to search for FOIA-requested records

Some U.S. government agencies are testing out AI to help fulfill public records requests

Open government and civil rights advocates warn that using AI to answer Freedom of Information Act requests may create new problems.

By Lewis Kamb, NBC News, Aug. 1, 2023

A few federal agencies have started to use sophisticated artificial intelligence tools to help deal with immense caseloads of Freedom of Information Act requests, but some transparency advocates warn that the government needs additional safeguards before more widely deploying the technology.

At least three agencies — the State Department, the Justice Department and the Centers for Disease Control and Prevention — have tried out or are now testing machine-learning models and algorithms to help search for information in repositories holding billions of government records, federal officials confirmed to NBC News in recent interviews.

Read more here.

Court opinions issued July 31, 2023

Biear v. DOJ (M.D. Pa) -- deciding that: (1) FBI properly withheld records pertaining to plaintiff pursuant to Exemption 3, 7(D), and 7(E), per magistrate’s report and recommendation (R&R) ; (2) with two exceptions, including the names of deceased individuals, R&R would be granted with respect to FBI’s withholdings pursuant to Exemption 6 and 7(C).

Kinnucan v. Nat'l Sec. Agency (W.D. Wash.) -- holding that NSA and CIA properly relied on Exemptions 1 and 3 to redact portions of records records relating to a 1967 attack by Israeli forces on a U.S. naval intelligence ship.

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: iFOIA Officially Retired

Via Email from Reporters Committee:

Hello,

As of today, August 1, 2023, iFOIA is retired. Thank you for more than 10 years of support! 

As a reminder, we recommend FOIAMachine and MuckRock as free alternatives to iFOIA.

If you were an iFOIA user and you want to stay connected with the Reporters Committee, you will need to proactively sign up for our newsletters and updates.

Thank you for using iFOIA!

Sincerely,
The Reporters Committee for Freedom of the Press

FOIA News: ODNI proposes updates to FOIA regulations

On July 28, 2023, the Office of the Director of National Intelligence issued a final rule with proposed amendments to the agency’s Freedom of Information Act regulations, which were last updated in 2007. The proposed revisions are “due to organizational changes and subsequent amendments to the FOIA.” Comments are due on or before August 28, 2023.

Court opinion issued July 25, 2023

Down Law Grp. v. U.S. Coast Guard (D.D.C.) -- ruling that: (1) Coast Guard did not conduct adequate search for certain records concerning the BP Deepwater Horizon Oil Spill clean-up, because agency erroneously narrowed scope of plaintiff’s first request and failed to sufficiently explain its search methodology; and (2) agency failed to show how Exemption 6 protected the names of Coast Guard personnel who were given awards for their service in connection with the oil spill response, rejecting agency’s explanation that disclosure would subject personnel to harassment and violence.

Summaries of all published opinions issued since April 2015 are available here.

Court opinion issued July 24, 2023

McCann v. USCIS (E.D. La.) -- deciding that: (1) agency failed to sufficiently explain how it searched for records pertaining to plaintiff; (2) agency conducted adequate segregability analysis, noting that agency’s Vaughn Index was “detailed and meticulous”; and (3) ICE properly processed 16 pages referred to it from USCIS, but ICE failed to account for a 17th page that USCIS reportedly referred to it.

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: Op-ed gripes about FOIA

The Freedom of Information Act needs to be modernized 

By Curtis Schube & Gary Lawkowski, The Hill, July 24, 2023

In the past few weeks, the explosive contents of an email sent by former chief medical adviser and COVID guru Anthony Fauci, discussing the possible origins of COVID-19, have come to light. That email was part of a Freedom of Information Act (FOIA) response from the Centers for Disease Control and Prevention (CDC). Like many of the documents in the response, the CDC had completely redacted the email. The redaction rendered the response virtually useless despite it clearly being in the public interest. Only the action of the House Oversite Select Subcommittee on the Coronavirus Pandemic brought the contents of the email to light. It leaves one to wonder, is FOIA living up to its intended purpose?

Read more here.

FOIA News: USTR to update FOIA regulations

The U.S. Trade Representative will update its FOIA regulations regarding expediting processing, according to a notice scheduled to be published in the Federal Register on July 25, 2023. Specifically, USTR will adopt two examples from DOJ’s guidance as to what qualifies as a “compelling need”: (1) the failure to obtain requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; and (2) with respect to a request made by a person primarily engaged in disseminating information, there is urgency to inform the public concerning actual or alleged Federal Government activity.

Public comments will be accepted for 30 days from the notice’s publication date.