- Do you think the Freedom of Information Act functions as it should theoretically? Are there any changes that you would like to see made to the Freedom of Information Act?
For many federal agencies, the FOIA functions reasonably well. The biggest problem is allocation of funding to address the handling of FOIA requests. It is problematic to have a "line item" in a budget to cover FOIA, because of the risk that it will be struck out in future years. On the other hand, lack of resources genuinely can compromise the ability of an agency to efficiently process requests. The biggest issue for most requesters is delay, and that's a problem that can only be addressed by funding and developing a culture of "openness" in the government -- easier said than done. - Why do you think the Freedom of Information Act is significant?
It creates a presumption that the public has a right to government records. This means that it should be up to the government to justify every denial of access. This is tremendously important to make sure that the public not only knows what the government is doing, but also has an opportunity to tap into the vast stores of information collected and maintained at taxpayers' expense. - How are FOIA and democracy related? What role does FOIA play in democracy?
Democracy cannot exist if government is not accountable to the public. FOIA provides the public with a mechanism to learn what government does in its name, as well as to benefit from the information collected and maintained at taxpayers' expense. - Do citizens have the right to information?
That's perhaps a more complicated question than you may realize. The FOIA says the public has a right of access to RECORDS, not to "information." There is a question whether the First Amendment includes a right to information, but many international documents and conventions say that "the right to receive information" is fundamental. - Do you think the government has the responsibility to provide citizens with information? At what point do you think that they have the right to withhold government information?
The government has the responsibility to affirmatively disclose the vast majority of information that it maintains. This can be done through brick-and-mortar reading rooms, electronic reading rooms, etc., as well as through processing FOIA requests. I believe that government's authority to withhold records should be very narrowly construed. The nine exemptions to FOIA, if narrowly construed, get the balance right much of the time.