In response to extensive comments submitted by EPIC, the Privacy and Civil Liberties Oversight Board has issued a final rule that will govern its Freedom of Information Act, Privacy Act, and Sunshine Act practices. The Board's initial draft of the rule allowed the agency to encourage other agencies to classify information, reserved the Board's right to terminate public participation in Board meetings "at any time for any reason," and contained vague, broad definitions that would permit the oversight agency to withhold information and delay document production. In response, EPIC proposed new language for inclusion in the final rule. The Board adopted nearly all of EPIC's proposed changes. EPIC routinely comments on agency proposals that impact the rights of FOIA requesters. For example, EPIC submitted extensive comments to the Defense Logistics Agency of the Department of Defense, warning the agency not to erect new obstacles for FOIA requesters. For more information, see EPIC: APA Comments and EPIC: Open Government.
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Communications Law and Policy
Jerry Kang and Alan Butler