The Future of Freedom of Information: An Analysis of the Impact of Executive Orders on the Freedom of Information Act National Security Exemptions

Abstract

The Freedom of Information Act ("FOIA") was enacted in 1976 to provide access to government information while balancing the interests of privacy and national security. A constant theme in court interpretations has been the extent of FOIA's national security exemptions in preventing disclosure. These interpretations are based on both FOIA and current Presidential Executive Orders addressing the classification of national security information. This paper analyzes the changes between President Bush's and President Obama's Executive Orders. Furthermore, this paper examines the relevant case law regarding FOIA national security exemptions and possible impacts from the changes in Executive Orders. This paper also makes recommendations on how to better implement the policy presented in the Executive Order. This paper concludes that President Obama's Executive Order, while clearly stating the intended policy of open access and addressing prior problems in internal agency procedures, fails to provide adequate changes that will impact FOIA litigation.