RCFP suggests revisions to federal agency’s proposed FOIA rules

The Reporters Committee for Freedom of the Press is urging a federal agency responsible for advising the president on intellectual property policies to revise recently proposed Freedom of Information Act regulations that would likely make it more difficult for the public to access government records.

In public comments submitted to the Office of the Intellectual Property Enforcement Coordinator on Oct. 14, 2022, Reporters Committee attorneys highlight several areas in which the agency’s proposed regulations fail to follow FOIA requirements and guidance U.S. Attorney General Merrick Garland recently issued to federal agencies.

The Reporters Committee recommends, among other suggestions, that the agency change its proposed rules to reflect that officials will accept FOIA requests submitted via email attachments, comply with deadline requirements stipulated in FOIA, and address a key 2016 FOIA amendment that heightens the government’s burden for denying the public access to records.