Here is the archived video of our FOIA Forum about how to do reporting on Flock.#FOIAForum
Here's the Video for Our Seventh FOIA Forum: Flock
The FOIA Forum is a livestreamed event for paying subscribers where we talk about how to file public records requests and answer questions. If you're not already signed up, please consider doing so here.Recently we had a FOIA Forum where we focused on our reporting about Flock. This includes how to file public records requests for audit logs, footage, and other ideas for FOIAing surveillance companies.
We showed subscribers how we got the records behind that story, the specific request language was used, tips for turning records into articles, and much more.
Check out all of our FOIA Forum archives here.
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Come learn how researchers and others learned what cops were using Flock's nationwide network of cameras for, including searches for ICE.
Come learn how researchers and others learned what cops were using Flockx27;s nationwide network of cameras for, including searches for ICE.#FOIA #FOIAForum
Our New FOIA Forum! 11/19, 1PM ET
It’s that time again! We’re planning our latest FOIA Forum, a live, hour-long or more interactive session where Joseph and Jason will teach you how to pry records from government agencies through public records requests. We’re planning this for Wednesday, November 19th at 1 PM Eastern. That's in just over a week away! Add it to your calendar!This time we're focused on our coverage of Flock, the automatic license plate reader (ALPR) and surveillance tech company. Earlier this year anonymous researchers had the great idea of asking agencies for the network audit which shows why cops were using these cameras. Following that, we did a bunch of coverage, including showing that local police were performing lookups for ICE in Flock's nationwide network of cameras, and that a cop in Texas searched the country for a woman who self-administered an abortion. We'll tell you how all of this came about, what other requests people did after, and what requests we're exploring at the moment with Flock.
If this will be your first FOIA Forum, don’t worry, we will do a quick primer on how to file requests (although if you do want to watch our previous FOIA Forums, the video archive is here). We really love talking directly to our community about something we are obsessed with (getting documents from governments) and showing other people how to do it too.
Paid subscribers can already find the link to join the livestream below. We'll also send out a reminder a day or so before. Not a subscriber yet? Sign up now here in time to join.
We've got a bunch of FOIAs that we need to file and are keen to hear from you all on what you want to see more of. Most of all, we want to teach you how to make your own too. Please consider coming along!
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Subscribe nowOur New FOIA Forum! 11/19, 1PM ET
Come learn how researchers and others learned what cops were using Flock's nationwide network of cameras for, including searches for ICE.Joseph Cox (404 Media)
The Department of Energy said it will close FOIA requests from last year unless the requester emails the agency to say they are still interested. Experts say it's an "attempt to close out as many FOIA requests as possible."
The Department of Energy said it will close FOIA requests from last year unless the requester emails the agency to say they are still interested. Experts say itx27;s an "attempt to close out as many FOIA requests as possible."#FOIA #FOIAForum
Trump Administration Outlines Plan to Throw Out an Agency's FOIA Requests En Masse
The Department of Energy (DOE) said in a public notice scheduled to be published Thursday that it will throw out all Freedom of Information Act (FOIA) requests sent to the agency before October 1, 2024 unless the requester proactively emails the agency to tell it they are still interested in the documents they requested. This will result in the improper closure of likely thousands of FOIA requests if not more; government transparency experts told 404 Media that the move is “insane,” “ludicrous,” a “Pandora’s Box,” and “an underhanded attempt to close out as many FOIA requests as possible.”The DOE notice says “requesters who submitted a FOIA request to DOE HQ at any time prior to October 1, 2024 (FY25), that is still open and is not under active litigation with DOE (or another Federal agency) shall email StillInterestedFOIA@hq.doe.gov to continue processing of the FOIA request […] If DOE HQ does not receive a response from requesters within the 30-day time-period with a DOE control number, no further action will be taken on the open FOIA request(s), and the file may be administratively closed.” A note at the top of the notice says it is scheduled to be formally published in the Federal Register on Thursday.
The agency will send out what are known as “still interested” letters, which federal agencies have used over the years to see if a requester wants to withdraw their request after a certain period of inactivity. These types of letters are controversial and perhaps not legal, and previous administrations have said that they should be used rarely and that requests should only be closed after an agency made multiple attempts to contact a requester over multiple methods of communication. What the DOE is doing now is sending these letters to submitters of all requests prior to October 1, 2024, which is not really that long ago; it also said it will close the requests of people who do not respond in a specific way to a specific email address.
FOIA requests—especially complicated ones—can often take months or years to process. I have outstanding FOIA requests with numerous federal agencies that I filed years ago, and am still interested in getting back, and I have gotten useful documents from federal agencies after years of waiting. The notion that large numbers of people who filed FOIA requests as recently as September 2024, which is less than a year ago, are suddenly uninterested in getting the documents they requested is absurd and should be seen as an attack on public transparency, experts told 404 Media. The DOE’s own reports show that it often does not respond to FOIA requests within a year, and, of course, a backlog exists in part because agencies are not terribly responsive to FOIA.
“If a requester proactively reaches out and says I am withdrawing my request, then no problem, they don’t have to process it,” Adam Marshall, senior staff attorney at the Reporters Committee for Freedom of the Press, told me. “The agency can’t say we’ve decided we’ve gotten a lot of requests and we don’t want to do them so we’re throwing them out.”
“I was pretty shocked when I saw this to be honest,” Marshall added. “I’ve never seen anything like this in 10 years of doing FOIA work, and it’s egregious for a few reasons. I don’t think agencies have the authority to close a FOIA request if they don’t get a response to a ‘still interested’ letter. The statute doesn’t provide for that authority, and the amount of time the agency is giving people to respond—30 days—it sounds like a long time but if you happen to miss that email or aren’t digging through your backlogs, it’s not a lot of time. The notion that FOIA requesters should keep an eye out in the Federal Register for this kind of notice is ludicrous.”
The DOE notice essentially claims that the agency believes it gets too many FOIA requests and doesn’t feel like answering them. “DOE’s incoming FOIA requests have more than tripled in the past four years, with over 4,000 requests received in FY24, and an expected 5,000 or more requests in FY25. DOE has limited resources to process the burgeoning number of FOIA requests,” the notice says. “Therefore, DOE is undertaking this endeavor as an attempt to free up government resources to better serve the American people and focus its efforts on more efficiently connecting the citizenry with the work of its government.”
Lauren Harper of the Freedom of the Press Foundation told me in an email that she also has not seen any sort of precedent for this and that “it is an underhanded attempt to close out as many FOIA requests as possible, because who in their right mind checks the federal register regularly, and it should be challenged in court. (On that note, I am filing a FOIA request about this proposal.)”
“The use of still interested letters isn't explicitly allowed in the FOIA statute at all, and, as far as I know, there is absolutely zero case law that would support the department sending a mass ‘still interested’ letter via the federal register,” she added. “That they are also sending emails is not a saving grace; these types of letters are supposed to be used sparingly—not as a flagrant attempt to reduce their backlog by any means necessary. I also worry it will open a Pandora's Box—if other agencies see this, some are sure to follow.”
Marshall said that FOIA response times have been getting worse for years across multiple administrations (which has also been my experience). The Trump administration and the Department of Government Efficiency (DOGE) have cut a large number of jobs in many agencies across the government, which may have further degraded response times. But until this, there hadn’t been major proactive attempts taken by the self-defined “most transparent administration in history” to destroy FOIA.
“This is of a different nature than what we have seen so far, this affirmative, large-scale effort to purport to cancel a large number of pending FOIA requests,” Marshall said.
Here's the Video for Our Fourth FOIA Forum: PACER with Seamus Hughes
PACER expert Seamus Hughes shows us how to dig up interesting court cases and so much more.#FOIAForum
