FOIA reform: Bloggers are journalists, too By Nate Anderson | Published: December 20, 2007 - 02:01PM CT It's not every day that a senator takes to the floor to defend "Internet blogs and other Web-based forms of media," but Sen. Patrick Leahy (D-VT) has done just that in his recent push to pass a Freedom of Information Act reform bill he has coauthored with two Republicans. The Senate passed the OPEN Government Act last week (which builds on previous reform attempts), and the House followed suit on Tuesday of this week. The reforms in the bill make it easier for bloggers and other Internet journalists to make FOIA requests without paying fees, and they strengthen deadlines for agencies to respond to requests. Contractors who work for the federal government are now explicitly covered by FOIA rules, and a new FOIA Ombudsman will help resolve disputes outside of court. The legislation awaits President Bush's pen. FOIA has always exempted journalists from paying fees to access government records (other citizens and companies are charged for search time and duplication of documents), but the rise of the Internet has made it more difficult for government agencies to decide if someone is a legitimate "journalist" or not. The OPEN Government Act sets up what seems to be quite a reasonable standard for making these decisions: prior publication history. Writers need have no official affiliation; if they have a history of publishing pieces, on the Internet or elsewhere, they should be considered for a fee waiver. Even those without such a publication history may be eligible for a waiver if they offer a compelling explanation of how they will distribute the material in question to a broad audience. The Act also seeks to stop a devious legal strategy where federal agencies bent on stonewalling the disclosure process could refuse to answer FOIA requests, force the requester to bring an expensive lawsuit against the agency, then release the requested documents just before a judicial decision came down. Because a court had not ruled against the agency, the requestor couldn't collect attorneys' fees. Under the new law, agencies would have to pay so long as the complainer had "substantially prevailed" in the case. The Act is already being hailed by journalism organizations and digital civil liberties groups alike. "Passage of the FOIA bill will allow not only members of the press but all Americans to hold their government more accountable," said Clint Brewer, president of the Society of Professional Journalists. "In a time when First Amendment rights are under attack almost daily in this country, this bill is a major step to ensuring America has a free press and a government that is transparent and open." The EFF, a group that has made good use of FOIA requests in the past, says that the legislation "isn't perfect" but that "it will take some steps towards streamlining the process and creating more accountability." Inserted from <http://arstechnica.com/news.ars/post/20071220-foia-reform-bloggers-are-journalists-too.html>
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