CV Independent by the Electronic Frontier Foundation
March 12, 2018
Government transparency laws like the Freedom of Information Act exist to enforce the public’s right to inspect records so we can all figure out what in the heck is being done in our name and with our tax dollars.
But when a public agency ignores, breaks or twists the law, one’s recourse varies by jurisdiction. In some states, when an official improperly responds to your public records request, you can appeal to a higher bureaucratic authority or seek help from an ombudsperson. In most states, you can take the dispute to court.
Public shaming and sarcasm, however, are tactics that can be applied anywhere.
The California-based news organization Reveals tweets photos of chickpeas or coffee beans to represent each day an FOIA response is overdue and asks followers to guess how many there are. The alt-weekly DigBoston has sent multiple birthday cakes and edible arrangements to local agencies on the one-year anniversary of delayed public-records requests. And here, at the Electronic Frontier Foundation, we give out The Foilies during Sunshine Week, an annual celebration of open-government advocacy.
These fourth-annual Foilies recognize the worst responses to records requests, outrageous efforts to stymie transparency and the most absurd redactions. These tongue-in-cheek pseudo-awards are hand-chosen by EFF’s team based on nominations from fellow transparency advocates, participants in #FOIAFriday on Twitter, and, in some cases, our own personal experience.
If you haven’t heard of us before: EFF is a nonprofit based in San Francisco that works on the local, national and global level to defend and advance civil liberties as technology develops. As part of this work, we file scores of public-records requests and take agencies like the U.S. Department of Justice, the Department of Homeland Security, and the Los Angeles Police Department to court to liberate information that belongs to the public. [READ MORE]