Monday, March 22, 2010

Sunshine Week 2010: a mixed bag

Last week was Sunshine Week, and to mark the occasion, the National Security Archive released a report titled "Sunshine and Shadows: The Clear Obama Message for Freedom of Information Meets Mixed Results." The report, based on an audit the Archive conducted of the federal government, found that only four of 28 responding agencies show FOIA releases up and denials down, compared to 2008.

Probably the most surprising part of the audit related to FOIA requests the Archive filed in September 2009, requesting information about the agencies' responses to the FOIA memoranda Pres. Obama and Atty. Gen. Holder issued in the spring of 2009:

Some agencies (13 out of 90) implemented concrete changes in practice as a result of the memos; some (14 out of 90) have made changes in staff training; and still others (11 out of 90) have merely circulated and discussed the memos. The remaining agencies (52) either told the Archive that they have no records that demonstrate how they implemented the Obama and Holder Memos or did not respond at all to the FOIA request.

While I didn't expect an overnight sea change in FOIA policy with Obama's election, it is hard to believe that such a small percentage of the agencies could provide any evidence that they took steps to comply with the memos, or even received them. If next year's audit does not find substantial improvement, it will be a serious rebuke of Obama's transparency platform.

In other (more promising) Sunshine Week news, Rep. Steve Israel (D-NY) is sponsoring a bill called the Public Online Information Act (POIA), which would set the bar for "public" information at "online in user-friendly formats." The Sunshine Foundation's website has more information about the bill, including a one-minute-long video explaining how it would improve transparency. Excerpt from the Sunshine Foundation's summary:

In the age of the Internet, government is transparent only when public information is available online. The Sunlight Foundation supports the Public Online Information Act (POIA), legislation that embraces a new formula for transparency: public equals online. No longer will antiquated government disclosure practices bury public information in out-of-the-way offices and in outmoded formats.

POIA requires Executive Branch agencies to publish all publicly available information on the Internet in a timely fashion and in user-friendly formats. It also creates an advisory committee to help develop government-wide Internet publication policies. Freeing government information from its paper silos provides the private sector with raw material to develop new products and services and gives the public what they need to participate in government as active and informed citizens. Establishing an advisory committee that brings all three branches of government and the private sector together to develop government-wide information best practices will improve how the government serves the American people.