EPIC to Justice Department: Maintain Strong Open Government Regulations

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In extensive comments to the Department of Justice, EPIC has urged the federal agency not to weaken the Freedom of Information Act (FOIA) as it has proposed. The Justice Department is considering regulations that would place new burdens on FOIA requesters, make it more difficult to qualify for educational and news media fee status, and allow agencies to terminate FOIA requests, and even make misrepresentations about the existence of documents and destroy records subject to a FOIA request. EPIC said that the Justice Department proposal would undermine the FOIA, is contrary to law as well as the views expressed by the President and the Attorney General. EPIC has an extensive FOIA practice and has recently uncovered documents regarding the FBI's Watchlist and the Department of Homeland Security's "Minority Report" Pre-crime Detection Program. The Justice Department must now decide whether to adopt the changes it has proposed, withdraw the rule, or make modifications.

Please see full comments below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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