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Columbia Journalism Review: FOIA’s Hidden Exemptions

Follow up to March 19, 2009 – New Attorney General Guidelines on FOIA ReleasedCJR: “In a bit of Congressional commemoration, Democratic Senator Patrick Leahy of Vermont and John Cornyn, his Texan Republican colleague, have introduced S. 612, new legislation that would require any new b(3) exemptions to specifically reference the Freedom of Information Act, so that these exemptions would be easier to spot. The senators have frequently collaborated on legislation designed to improve FOIA, and this is the third consecutive Sunshine Week in which Cornyn and Leahy have introduced this legislation. In 2007, it passed the Senate unanimously…Because the law only applies to future b(3) exemptions that Congress might write, it does nothing to address those already in the US Code. Like Title 7, Chapter 77, Sec 4608, Subsection G, Paragraph 1, which protects certain information about honeybee handlers, or Title 7, Chapter 80, Section 4908, Subsection c, which does something similar for watermelon producers and handlers submitting information quantifying the size of their business in order to participate in the National Watermelon Promotion Board.”

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