FOIA, Inc.

Government transparency is imagined as a public good necessary to a robust democracy. Consistent with that vision, Congress enacted the Freedom of Information Act (FOIA) to allow oversight and accountability of governmental activities. No actors are more central to the design than journalists, who were not only the prime intended users, but who were intimately involved in crafting the law itself. But this democracy-enhancing ideal is at odds with FOIA’s reality: at some agencies, commercial — not public — interests dominate the landscape of FOIA requesters. This Article provides the first in-depth academic study of the commercial use of FOIA, drawing on original datasets from six federal agencies. It uses these agencies as case studies to examine the way that businesses derive profit-making value from free or low-cost federal records. Remarkably, these datasets also reveal a cottage industry of companies whose entire business model is to request federal records under FOIA and resell them at a profit. Information resellers are not isolated occurrences, but rather are some of the most frequent FOIA requesters — often submitting hundreds or even thousands of requests a year — at a variety of federal agencies. Commercial users certainly have legitimate information needs, but, as this Article demonstrates, the volume and character of the current commercial use of FOIA undermines its efficacy as a transparency tool. Private businesses in essence receive a substantial subsidy without any corresponding public good, all while draining agency resources that might otherwise be used to respond to FOIA requests that serve its central oversight and accountability aims. Moreover, information resellers have become the de facto locus for federal records for whole industries, effectively privatizing an important public function. Counter-intuitively, limiting commercial requesting will not solve this problem. Instead, this Article proposes a targeted and aggressive policy of requiring government agencies to affirmatively disclose sets of records that are routinely the subject of FOIA requests — a surprisingly large number of the documents sought by commercial requesters. By meeting information needs in a more efficient manner that is available equally to all, affirmative disclosure will enable federal agencies to reclaim public records from the private market and free up resources to better serve FOIA requests that advance its democratic purpose.

FOIA, Inc.

Government transparency is imagined as a public good necessary to a robust democracy. Consistent with that vision, Congress enacted the Freedom of Information Act (FOIA) to allow oversight and accountability of governmental activities, imagining the prime intended users to be journalists. But this democracy-enhancing ideal is at odds with FOIA’s reality: at some agencies, commercial—not public—interests dominate the landscape of FOIA requesters. This Article provides the first in-depth academic study of the commercial use of FOIA, drawing on original datasets from six federal agencies. It documents how corporations, in pursuit of private profit, have overrun FOIA’s supremely inexpensive processes and, in so doing, potentially crowded out journalists and other government watchdogs from doing what the law was intended to facilitate: thirdparty oversight of governmental actors. It also reveals a cottage industry of companies whose entire business model is to request federal records under FOIA and resell them at a profit, which distorts the transparency system even further. Counterintuitively, limiting commercial requesting will not solve this problem. Instead, this Article proposes a targeted and aggressive policy of requiring government agencies to affirmatively disclose sets of records that are the subject of routine FOIA requests—a surprisingly large number of the documents sought by commercial requesters. By meeting information needs in a more efficient manner that is available equally to all, affirmative disclosure will enable federal agencies to reclaim public records from the private market and free up resources to better serve FOIA requests that advance its democratic purpose.

Influence of characteristics of irrigation channels on the breeding bird community of a wetland zone in southeast of Spain

The “El Hondo Nature Park” is mainly composed of a series of irrigation channels and water reservoirs, subjected to various regimes of management as well as reed and vegetation control, thus creating a great variety of habitats and situations. To determine the influence of these habitats and management regimes on the local bird community, a set of characteristics of these channels and their surrounding area were analysed with a Correspondence Analysis (CA). The degree of reed development in channels and the presence in the surroundings of orchards and other reed formations were the most decisive factors to explain the probability of occurrence of reed birds and waterbirds, as well as bird species richness and abundance. Other bird species were not directly influenced by channel variables, but only by those of surrounding land uses.

A bird collection from the Solomon Islands [by] W. J. Beecher.

v.31:no.4(1945)

Abundance estimates for landbirds and seabirds extracted and compiled from annual reports of the Skokholm bird observatory

Long-term ecological data are essential for conservation and to monitor and evaluate the effects of environmental change. Bird populations have been routinely assessed on islands off the British coast for many years and here long term data for one such island, Skokholm, is evaluated for robustness in the light of some 20 changes in observers (wardens) on the island over nearly eight decades. It was found that the dataset was robust when compared to bootstrap data with no species showing significant changes in abundance in years when wardens changed. It is concluded that the breeding bird populations on Skokholm and other British offshore islands are an important scientific resource and that protocols should be enacted to ensure the archiving of records, the continuance of data collection using standardised protocols into the future, and the recognition of such long-term data for science in terms of an appropriate conservation designation.