Thought this might be of interest to us cypherpunks and the EFF, in case you have not heard. Excerpted from the most recent issue of ALAWON. *************************************************************************** JUSTICE DEPARTMENT ISSUES NEW FOIA POLICY On October 4, President Clinton and Attorney General Reno rescinded a 1981 rule which encouraged federal agencies to withhold information requested under the Freedom of Information Act (FOIA) whenever there was "a substantial legal basis" for doing so. In its place, agencies are directed to apply a "presumption of disclosure." A memorandum from President Clinton urged agencies to take a fresh look at their administration of the FOIA, to reduce backlogs of requests, and to enhance public access to information. (See below for the full text of the memorandum.) In a memorandum sent to heads of departments and agencies, Attorney General Reno stated that ...we must ensure that the principle of openness in government is applied in each and every disclosure and nondisclosure decision that is required under the Act....It shall be the policy of the Department of Justice to defend the assertion of a FOIA exemption only in those cases where the agency reasonably foresees that disclosure would be harmful to an interest protected by that exemption. Where an item of information might technically or arguably fall within an exemption, it ought not to be withheld from a FOIA requester unless it need be. At a Department of Justice briefing, Associate Attorney General Webster Hubbell acknowledged that there was a huge backlog of FOIA requests, and said the Department of Justice wanted to hear of the problems requestors were having. He said that the Department would review all pending FOIA lawsuits, but would not provide additional funding to fill FOIA requests. When asked about FOIA access to electronic records, John Podesta, White House Staff Secretary, replied that agencies would work with users to get information to them in a usable way. He added that OMB, the White House, and the Department of Justice were all committed to making information available. One person at the briefing asked about privacy issues, and noted that the FBI would not search for records on an individual because of concerns about privacy. Hubbell replied that the FBI should ask the individual first, but that the new FOIA regulations presumed disclosure. He added that the Department of Justice would discuss the matter with the FBI director. *************************************************************************** TEXT OF FOIA MEMO ISSUED BY THE WHITE HOUSE The White House Washington October 4, 1993 MEMORANDUM FOR HEADS OF DEPARTMENTS AND AGENCIES SUBJECT: The Freedom of Information Act I am writing to call your attention to a subject that is of great importance to the American public and to all Federal departments and agencies -- the administration of the Freedom of Information Act, as amended (the "Act"). The Act is a vital part of the participatory system of government. I am committed to enhancing its effectiveness in my Administration. For more than a quarter century now, the Freedom of Information Act has played a unique role in strengthening our democratic form of government. The statute was enacted based upon the fundamental principle that an informed citizenry is essential to the democratic process and that the more the American people know about their government the better they will be governed. Openness in government is essential to accountability and the Act has become an integral part of that process. The Freedom of Information Act, moreover, has been one of the primary means by which members of the public inform themselves about their government. As Vice President Gore made clear in the National Performance Review, the American people are the Federal Government's customers. Federal departments and agencies should handle requests for information in a customer-friendly manner. The use of the Act by ordinary citizens is not complicated, nor should it be. The existence of unnecessary bureaucratic hurdles has no place in its implementation. I therefore call upon all Federal departments and agencies to renew their commitment to the Freedom of Information Act, to its underlying principles of government openness, and to its sound administration. This is an appropriate time for all agencies to take a fresh look at their administration of the Act, to reduce backlogs of Freedom of Information Act requests, and to conform agency practice to the new litigation guidance issued by the Attorney General, which is attached. Further, I remind agencies that our commitment to openness requires more than merely responding to requests from the public. Each agency has a responsibility to distribute information on its own initiative, and to enhance public access through the use of electronic information systems. Taking these steps will ensure compliance with both the letter and the spirit of the Act. (signed) William J. Clinton *************************************************************************** ALAWON (ISSN 1069-7799) is an irregular publication of the American Library Association Washington Office, 110 Maryland Avenue, N.E., Washington, DC 20002-5675. Internet: alawash@alawash.org; Phone: 202-547-4440; Fax: 202-547-7363. Editor and List Owner: Fred King (fdk@alawash.org). All or part of ALAWON may be redistributed, with appropriate credits. -- R O All Comments Copyright by | Technofetisht A N Paul S. Goggin (1993) | Cypher, Cyber, Chaos V Information Broker | Ergoflux, Interzone E chaos@aql.gatech.edu | Carpe Diem: Stop the Clipper wiretap chip Finger account for latest _Phrack_ | Public Key: PGP and RIPEM available For anonymous communication:---> anon32940@anon.penet.fi ------------------------------------------------------------------------------ Title 18 USC 2511 and 18 USC 2703 Protected -- Monitoring Absolutely Forbidden