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Amy Gahran
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New FOIA Reforms Help Journos, Bloggers
Posted by Amy Gahran 11:37 AM
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Goatling, via Flickr (CC license)
Don't pop that cork just yet. The new FOIA reforms don't take effect until Jan 1, 2009.
On Dec. 31, President Bush signed into law the OPEN Government Act of 2007 (S. 2488), which includes significant reforms to the Freedom of Information Act and broadens who is considered a "representative of the news media" under FOIA. Here's what a couple of experts have to say about it.

David Ardia, director of Harvard's Citizen Media Law Project, noted in a Jan. 1 post to the IdeaLab blog that the new law "would significantly benefit bloggers and non-traditional journalists by making them eligible for reduced processing and duplication fees that are available to 'representatives of the news media.'" (More analysis)

Ardia also notes these other important FOIA reforms in the new law:

  • "Broadening the scope of information that can be requested by including government contracting information held by private contractors.
  • "Assigning public tracking numbers to all requests.
  • "Denying agencies that exceed the 20-day deadline for responses the right to charge requesters for search or copying costs.
  • "Making it easier to collect attorneys' fees for those who must sue to force compliance with their FOIA requests.
  • "Establishing an office at the National Archives to accept citizen complaints, issue opinions on requests, and foster best practices within the government."

Joseph Davis, who writes the Society of Environmental Journalists' Watchdog Tipsheet on First Amendment issues, noted the administration's opposition to this bill and observed: "Bush waited until the last minute, when the bill was about to become law without his signature, and then signed the bill (S 2488) Dec. 31, 2007, without a statement."

Davis also notes that most provisions of new law do not take effect until Jan. 1, 2009 -- a mere 20 days before Bush leaves office.

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