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by ethbro 4105 days ago
> As long as they 'comply' with the FOIA act, they are doing everything they are legally required to do it.

Given that this is the government, it seems like the FOIA censoring process is still highly manual.

Therefore, I believe there have been a large number of cases where important information was gleaned like this: - FOIA: "I would like all documents pertaining to wiretapping?" - Agency: "That is not a specific program, so here's a heavily redacted summary document." - FOIA: "I would like all documents pertaining to program BLUSTER, the name of which was not-redacted in the previous information you gave me." - Agency: "Here is heavily redacted but still more specific information on the program you requested."

My understanding is that there's somewhat of a gray area for requests that do not accurately enough specify the information desired. The agency in question can basically say "We don't understand what you're requesting, so there is no information."

Whereas if you more tightly specify your request and such a program does exist, they are legally required to give you something, even if it's an entirely blacked out page.

2 comments

> My understanding is that there's somewhat of a gray area for requests that do not accurately enough specify the information desired. The agency in question can basically say "We don't understand what you're requesting, so there is no information."

This is essentially correct. Under 5 U.S.C ยง 552(a)(3)(a)(i), the request for records must reasonably describe such records. In addition, the 9th circuit has declared that "reasonable description relates not only to subject matter, but also relates to place of search..."

Every document released under FOIA is hand reviewed, unless the document was publicly available anyways. For example, you can get a large number of "The Army's guide to X" and similar documents either from military's website.

In the case of government contractors, the appropriate government agency issues a letter to the contractor. The contractor has the chance to censor almost anything if they consider it a trade secret. There are other reasons for censoring, but the government themselves generally makes those decisions. Contractor's are completely OK with this because they get paid hourly to do the work.