FOIA Is Broken: A Report

The House Oversight and Government Reform Committee released a report on the Freedom of Information Act, which concluded that the open records process is broken within the broader federal government, and within the Federal Communications Commission in particular. The report, "FOIA is Broken", concluded that the FCC is either incompetent or intentionally misused redactions under the Freedom of Information Act to withhold internal communication about its controversial Internet regulations. "Given the numerous examples in which the FCC improperly redacts information, this may be a deliberate tactic to withhold information from the public," the report reads.

About a quarter of the report was dedicated to side-by-side comparisons of FCC documents, which were redacted when sent to journalists but provided in full to the committee. The redacted FCC e-mails and documents related to the FCC's development of network neutrality rules. The report concluded that the FCC consistently misapplies the deliberative process exemption and another that is aimed at protecting individuals from a clear invasion of privacy. The FCC pushed back, saying it complies with all requirements and guidance on FOIA. "The report incorrectly states that the FCC’s redactions conceal [FCC] Chairman [Tom] Wheeler’s participation in e-mails," FCC press secretary Kim Hart said. "While the FCC redacted information related to Chairman Wheeler’s internal FCC e-mail address, it used asterisks to fully disclose Chairman Wheeler’s presence in e-mails, which was made clear to requester and the committee." Top Democratic Reps on the Oversight Committee also called the report partisan and noted that the report was not approved by a vote.