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January 25, 2016


Title: The Freedom of Information Act and the Law
Topic: Freedom of Information Act
Discussed by Ryan Radia
with Competitive Enterprise Institute www.cei.org

Ryan Radia is the Associate Director of Technology Studies at the Competitive Enterprise Institute (CEI). His area of expertise focuses on adapting law and public policy to the unique challenges of the information age. His research at the Competitive Enterprise Institute include intellectual property, information privacy, telecommunications, cybersecurity, competition policy, media regulation, and Internet freedom. Ryan is definitely the man to ask concerning the latest Freedom of Information Act (FOIA) debacle.

The FOIA was enacted in 1966, in an era far different than today. “FOIA was designed to allow the public, media, and watchdog groups get information about what their government is doing,” Ryan explains. There are some exceptions to the law, but most is public information. Sometimes people use FOIA as a “fishing expedition”. Ryan also explains that not every email or piece of information has to be disclosed, even if they are requested. A perfect example of an exception is information pertaining to national security.

The story we are discussing today is about a government employee who knowingly and admittedly used his own private computer, email, and server for official government business. No, we’re not talking about Hillary Clinton. The government employee we are referring to is Dr. John Holdren, who has directed the White House’s Office of Science and Technology Policy (OSTP) since early 2009. Dr. Holdren is part of the office which advises the President on science and technology issues, from global warming to how to handle the internet. Dr. Holdren even advises on coal plant usage and the XL Pipeline.

Ryan Radia discusses why CEI is pursuing the information requested from Dr. Holdren and why they believe the FOIA does not protect his emails from his private computer, email, and server. There are, of course, a lot of similarities in this case compared to Hillary Clinton’s case. Ryan explains that one difference, however, is “Hillary didn’t even have an official state account!” Dr. Holder was using BOTH accounts to conduct official government business.



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