FOIA Update: Index to FOIA Update, Volumes I-VIII, 1979-1987

January 1, 1987

FOIA Update
Vol. VIII, No. 3
1987


Index to FOIA Update

Volumes I-VIII
1979-1987

This cumulative index covers all issues of FOIA Update from its inception in late 1979 through the end of 1987. Items are indexed by both type and subject. The citation at each item is to the volume, number and page of the issue. A second citation is provided where an item has been updated or superseded.

POLICY GUIDANCE

When to Assert the Deliberative Privilege Under FOIA Exemption Five: Vol. I, No. 1, p. 3

Business Confidentiality After Chrysler: Vol. I, No. 2, p. 3 (see also Vol. III, No. 3, p. 3)

Status of Internal Audit Reports Under the FOIA: Vol. I, No. 3, p. 3

Release of Exempt Information to Members of Congress: The Impact of the Murphy Decision: Vol. I, No. 4, p. 3 (see also Vol. V, No. 1, p. 3)

Guidance on Fee Waivers: Vol. II, No. 1, p. 3 (superseded: Vol. IV, No. 1, p. 3; superseded: Vol. VIII, No. 1, p. 3)

Similar Files: A Concept in Peril: Vol. II, No. 2, p. 3

Attorney General's Memo on FOIA: Vol. II, No. 3, p. 3

Submitters' Rights: Vol. III, No. 3, p. 3

Privacy Protection Considerations: Vol. III, No. 4, p. 3

Fee Waiver Policy Guidance: Vol. IV, No. 1, p. 3 (superseded: Vol. VIII, No. 1, p. 3)

The Privacy Act and FOIA Exemption 3: Vol. IV, No. 2, p. 3 (superseded: Vol. V, No. 4, p. 4)

When to Expedite FOIA Requests: Vol. IV, No. 3, p. 3

Copyrighted Materials and the FOIA: Vol. IV, No. 4, p. 3

Congressional Access Under FOIA: Vol. V, No. 1, p. 3

"Agency Records" vs. "Personal Records": Vol. V, No. 4, p. 3

Protecting Intrinsic Commercial Value: Vol. VI, No. 1, p. 3

The Attorney-Client Privilege: Vol. VI, No. 2, p. 3

Discretionary Disclosure and Exemption 4: Vol. VI, No. 3, p. 3

Protecting Settlement Negotiations: Vol. VI, No. 4, p. 3

Privacy "Glomarization": Vol. VII, No. 1, p. 3

Supplemental Fee Waiver Guidance: Vol. VII, No. 3, p. 3 (superseded: Vol. VIII, No. 1, p. 3)

New Fee Waiver Policy Guidance: Vol. VIII, No. 1, p. 3

Broad Protection for Witness Statements: Vol. VIII, No. 2, p. 4

FOIA COUNSELOR

Consultations Still Informal: Vol. I, No. 1, p. 2

What is a FOIA Request? Vol. I, No. 2, p. 2

Privacy Act/FOIA: Conflict or Harmony? Vol. I, No. 3, p. 5 (superseded: Vol. IV, No. 2, p. 3; superseded: Vol. V, No. 4, p. 4)

The "High" and "Low" of Exemption Two: Vol. I, No. 4, p. 6 (see also Vol. V, No. 1, p. 10)

What is an Agency Record? Vol. II, No. 1, p. 5

Disclosure of Prices: Vol. II, No. 2, p. 5 (superseded: Vol. IV, No. 4, p. 10; superseded: Vol. V, No. 4, p. 4)

Federal Job Data May Be Disclosed: Vol. II, No. 3, p. 4 (see also Vol. III, No. 4, p. 3)

Paths to Information: Vol. III, No. 1, p. 10

Discovery, the Privacy Act and FOIA: Vol. III, No. 2, p. 3 (see also Vol. V, No. 3, p. 2)

Protecting "Outside" Advice: Vol. III, No. 3, p. 10

Factoring in the "Public Interest": Vol. III, No. 4, p. 6

Fee Waiver Procedural Considerations: Vol. IV, No. 1, p. 4

The Effect of Prior Disclosure: Waiver of Exemptions: Vol. IV, No. 2, p. 6

Attorney Work-Product Protection: Vol. IV, No. 3, p. 6 (see also Vol. V, No. 4, p. 6)

Unit Prices Under Exemption 4: Vol. IV, No. 4, p. 10 (superseded: Vol. V, No. 4, p. 4)

The Unique Protection of Exemption 2: Vol. V, No. 1, p. 10

The "Generic" Aspect of Exemption 7(A): Vol. V, No. 2, p. 3

The Breadth of Work-Product Protection: Vol. V, No. 4, p. 6

"Preclusion" Doctrines Under the FOIA: Vol. VI, No. 3, p. 6

Protecting Federal Personnel Lists: Vol. VII, No. 3, p. 3

FOIA COUNSELOR Q & A

Are personal notes subject to the FOIA? Vol. III, No. 3, p. 5

What are the rights of foreign nationals under the FOIA? Vol. III, No. 3, p. 5

What document referral practices should be followed? Vol. III, No. 3, p. 5 (see also Vol. IV, No. 3, p. 5)

Can the privacy of a public figure be protected under the FOIA? Vol. III, No. 4, p. 5

Can the public interest balanced under Exemptions 6 and 7(C) compel nondisclosure? Vol. III, No. 4, p. 5

Can FOIA privacy protection be extended to corporations? Vol. III, No. 4, p. 5

Can the privacy of deceased persons be protected under the FOIA? Vol. III, No. 4, p. 5

Must mailing lists be disclosed under the FOIA? Vol. III, No. 4, p. 5

What showing is necessary to satisfy the threshold requirement of Exemption 7? Vol. IV, No. 1, p. 6

Are drafts absolutely protected under Exemption 5? Vol. IV, No. 1, p. 6

Can a FOIA requester go to court before the completion of the administrative process? Vol. IV, No. 1, p. 6

To what standards are agencies generally held on "adequacy of search" issues? Vol. IV, No. 1, p. 6

How are minimum payment thresholds established for FOIA fees? Vol. IV, No. 2, p. 5

Can an agency refuse to admit the existence of records? Vol. IV, No. 2, p. 5

Is one agency's recommendation to another agency a final opinion? Vol. IV, No. 2, p. 5

Can an agency deny a FOIA request which requires a burdensome search or encompasses an enormous volume of records? Vol. IV, No. 3, p. 5

May an agency invoke Exemption 7(D) to protect the identity of, and information provided by, a deceased informant? Vol. IV, No. 3, p. 5

How should an agency respond to a FOIA request for records which are subject to a court order prohibiting disclosure? Vol. IV, No. 3, p. 5

What action can be taken against an employee who improperly denies a FOIA request? Vol. IV, No. 3, p. 5

Should the practice of referring requested documents be altered by the McGehee decision? Vol. IV, No. 3, p. 5

What "cut-off" date practices should be followed? Vol. IV, No. 4, p. 14

Can Exemption 4 be applied to personal financial information? Vol. IV, No. 4, p. 14

Does commercial information lose its Exemption 4 status with the passage of time? Vol. IV, No. 4, p. 14

How should the fourth criterion of the Justice Department's fee waiver guidance be applied to the media? Vol. IV, No. 4, p. 14 (superseded: Vol. VIII, No. 1, p. 3)

Can commercial information be protected under Exemption 5? Vol. IV, No. 4, p. 14

Is there a "third prong" of the National Parks test? Vol. IV, No. 4, p. 15

How should an agency charge applicable search fees when it has more than one request for the same records? Vol. V, No. 1, p. 5

How far does an agency have to extend its review efforts to make sure that requested information withholdable under the FOIA has not previously been made public? Vol. V, No. 1, p. 5

Do agencies have a duty under the FOIA to answer written questions? Vol. V, No. 1, p. 5

Can an agency withhold under Exemption 7(E) investigative techniques and procedures that are not completely secret? Vol. V, No. 2, p. 5

Can the identities of law enforcement personnel always be withheld under Exemption 7(C)? Vol. V, No. 2, p. 5

Can Exemption 7 be invoked for information not initially compiled for law enforcement purposes? Vol. V, No. 2, p. 5

Can the information given to an agency by a confidential source be protected under Exemption 7(D) even if the source ultimately testifies? Vol. V, No. 2, p. 6

Can Exemption 7(A) be used to protect the records of closed or dormant investigations? Vol. V, No. 2, p. 6

Can Exemption 7 be invoked for records compiled by the federal government in connection with a non-federal investigation? Vol. V, No. 2, p. 6

Can Exemption 5 be invoked for criminal law enforcement records? Vol. V, No. 2, p. 7

Can one federal agency ever be treated as a "confidential source" of another federal agency? Vol. V, No. 2, p. 7

How does the D.C. Circuit's recent Bartel decision affect agency disclosure of personal information? Vol. V, No. 3, p. 2

When an agency cannot locate any record responsive to a FOIA request, must it advise the requester of a right to file an administrative appeal? Vol. V, No. 3, p. 2

Can Exemption 7 continue to be applicable to an investigatory file even if the underlying investigation does not ultimately lead to an enforcement proceeding? Vol. V, No. 3, p. 2

What is the status of the legal position that the Privacy Act can serve as an Exemption 3 statute under the FOIA? Vol. V, No. 4, p. 4

Does the new Federal Acquisition Regulation affect the possible applicability of Exemption 4 to unit prices contained in government contracts? Vol. V, No. 4, p. 4 (see also Vol. VII, No. 1, p. 6)

Can an agency supplement its rationale for denying a fee waiver request after the requester brings suit? Vol. VI, No. 1, p. 6

Can the identities of FOIA requesters be withheld under the FOIA? Vol. VI, No. 1, p. 6

Can a federal agency ever make a FOIA request for the records of another agency? Vol. VI, No. 1, p. 6

Are FOIA lawsuits routinely entitled to priority in court over other civil actions? Vol. VI, No. 2, p. 6

Can a FOIA requester require an agency to make "automatic" releases of its records as they are created? Vol. VI, No. 2, p. 6

Can the deliberative process privilege under Exemption 5 be invoked to withhold the identities of authors of predecisional documents? Vol. VI, No. 2, p. 6

May a requester involved in ongoing litigation use the FOIA as a collateral method of discovery? Vol. VI, No. 3, p. 5

Can a document which constitutes or incorporates an agency's final decision not to proceed any further with ongoing litigation be protected by the attorney work-product privilege under Exemption 5? Vol. VI, No. 3, p. 5

Are the protections afforded by Exemptions 6 and 7(C) limited to United States citizens? Vol. VI, No. 3, p. 5

Is an agency obligated to process documents and make them available for viewing by a requester without the assessment of a duplication fee? Vol. VI, No. 4, p. 6

Are records of federal employment background investigations "investigatory records compiled for law enforcement purposes" under Exemption 7? Vol. VI, No. 4, p. 6

Can any harm ever result from an agency's failure to notify a requester of his administrative appeal rights? Vol. VI, No. 4, p. 6

Should a first-party access request which cites only the Privacy Act be processed under the Freedom of Information Act as well? Vol. VII, No. 1, p. 6

Is an agency compelled to release all portions of an awarded government contract under the FOIA? Vol. VII, No. 1, p. 6

Are the names of individuals who write letters to government officials protectible under Exemptions 6 and/or 7(C) of the FOIA? Vol. VII, No. 1, p. 6

Can the "Glomarization" defense be used to protect the privacy of persons mentioned in records other than those compiled for law enforcement purposes? Vol. VII, No. 2, p. 2

When a requester fails to pay properly assessed search and/or duplication fees, despite his previous commitment to pay such an amount, may the agency refuse to process subsequent requests until that outstanding balance is paid? Vol. VII, No. 2, p. 2

Does a draft document have to differ from the final document to be protectible under Exemption 5? Vol. VII, No. 2, p. 2

Does the Trade Secrets Act, 18 U.S.C. §1905, qualify as a nondisclosure statute under Exemption 3 of the FOIA? Vol. VII, No. 3, p. 6

Is an agency required to provide a Vaughn index at the administrative level? Vol. VII, No. 3, p. 6

Can factual information be protected under the deliberative process privilege of Exemption 5? Vol. VII, No. 3, p. 6

GUEST ARTICLES

Information Policy Around the World: Vol. II, No. 4, p. 7

An Overview of Executive Order 12356: Vol. III, No. 3, p. 6

The Case Against National Parks: Vol. IV, No. 4, p. 8

The Privacy Act as an Exemption 3 Statute: Vol. V, No. 2, p. 8 (superseded: Vol. V, No. 4, p. 4)

APPROACHING THE BENCH

Guidelines for Agencies in Litigation: Vol. I, No. 1, p. 7

Affidavits: Vol. I, No. 2, p. 7; Vol. I, No. 3, p. 7

Open America Stays: Vol. I, No. 4, p. 7

In Camera Inspection: Vol. II, No. 1, p. 7

Initial Litigation Strategies: Vol. II, No. 2, p. 7

Determining Attorney's Fees: Vol. II, No. 3, p. 3

Eligibility and Entitlement (Attorney's Fees): Vol. II, No. 4, p. 3

LEGISLATIVE MATTERS

FOIA Oversight Committees Named: Vol. II, No. 2, p. 2

Hearings Scheduled on FOIA: Vol. II, No. 3, p. 1

Highlights of Testimony: Agency-FOIA Areas of Concern: Vol. II, No. 4, p. 1

Congress Approves FOIA-Tax Action: Vol. II, No. 4, p. 6

FOIA Reform Proposed (Discussion and Full Text): Vol. III, No. 1, p. 3

FOIA Reform Bill Moves Forward: Vol. III, No. 2, p. 1

Senate Committee Approves Broad FOIA Reform Bill: Vol. III, No. 3, p. 1

FOIA Reform Bill Advances Toward Passage in Senate: Vol. IV, No. 2, p. 1

Senate Committee Approves FOIA Bill: Vol. IV, No. 3, p. 1

Senate Passes Extensive FOIA Reform Legislation: Vol. V, No. 1, p. 1

House Subcommittee Considers FOIA Reform Legislation: Vol. V, No. 3, p. 1

FOIA Reform Effort Stalls in House: Vol. V, No. 4, p. 1

Special FOIA Relief For CIA: Vol. V, No. 4, p. 1

House Advances Limited FOIA Bill: Vol. VII, No. 2, p. 1

FOIA Reform Legislation Enacted: Vol. VII, No. 4, p. 1

The Freedom of Information Act, 5 U.S.C. §552, As Amended By The Freedom of Information Reform Act of 1986, Public Law No. 99-570, §§1801-1804: Vol. VII, No. 4, p. 3

SURVEYS/AGENCY PRACTICE

Problems With Time: Vol. II, No. 4, p. 4

Recordkeeping Procedures Examined: Vol. III, No. 1, p. 1

Submitter Notice Practices: Vol. III, No. 3, p. 4 (see also Vol. IV, No. 4, p. 1; Vol. VIII, No. 2, p. 1)

Privacy Protection Practices Examined: Vol. III, No. 4, p. 1

Survey Shows Training Needs: Vol. III, No. 4, p. 8

Fees: Vol. IV, No. 1, p. 1

Predisclosure Business Notification Procedures: Vol. IV, No. 4, p. 1 (see also Vol. VIII, No. 2, p. 1)

Wide Variety of FOIA Training Available: Vol. V, No. 1, p. 1

The Processing of Investigatory Records: Vol. V, No. 2, p. 1

Protecting National Security Under the FOIA: Vol. VI, No. 1, p. 1

FOIA Litigation Requires Coordination: Vol. VI, No. 3, p. 1

New FOIA Lawsuits Remain at High Level: Vol. VI, No. 3, p. 1

The Mechanics of FOIA Processing: Vol. VI, No. 4, p. 1

Surrogate FOIA Requests Increasing: Vol. VII, No. 1, p. 1

FOIA Training Still Widely Available: Vol. VII, No. 3, p. 1

New FOIA Fee Provisions Take Effect: Vol. VIII, No. 1, p. 1

Executive Order on Business Data Issued: Vol. VIII, No. 2, p. 1

Focus on FOIA "Ombudsman" Role: Vol. VIII, No. 3, p. 2

UPDATES

Supreme Court Update: Vol. III, No. 1, p. 10; Vol. III, No. 2, p. 5; Vol. III, No. 3, p. 9; Vol. IV, No. 3, p. 1; Vol. IV, No. 4, p. 11; Vol. V, No. 1, p. 9; Vol. V, No. 2, p. 12; Vol. V, No. 4, p. 2; Vol. VIII, No. 3, p. 1

Basic FOIA References: Vol. I, No. 1, p. 5; Vol. I, No. 3, p. 6; Vol. III, No. 3, p. 12

FOIA Legal and Administrative Contacts at Federal Agencies: Vol. III, No. 4, pp. i-iv; Vol. V, No. 3, pp. i-iv; Vol. VII, No. 2, pp. i-iv

Update on FOIA Case List Citations: Vol. IV, No. 2, p. 2

Under Advisement: Vol. V, No. 1, p. 9; Vol. VI, No. 4, p. 4

Index to FOIA Update: Vol. V, No. 1, pp. i-iv; Vol. VIII, No. 3, pp. i-viii

FOIA Supreme Court History: Vol. VI, No. 2, p. 1

REFERENCES BY SUBJECT
Exemption 1

Military Audit Project v. Casey (partial disclosure does not preclude national security protection): Vol. II, No. 3, p. 6

Stein v. Department of Justice (courts not required to conduct "true" de novo review in Exemption 1 cases): Vol. III, No. 2, p. 4

Guest Article: An Overview of Executive Order 12356: Vol. III, No. 3, p. 6

Taylor v. Department of the Army (Exemption 1 can be applied to compilations of unclassified document components): Vol. III, No. 4, p. 4

Salisbury v. United States (classification of information similar to information previously disclosed; "mosaic"): Vol. IV, No. 1, p. 5

Afshar v. Department of State (classification of information similar to that publicly disclosed): Vol. IV, No. 2, p. 4

Can an agency refuse to admit the existence of records? Vol. IV, No. 2, p. 5

Miller v. Casey (refusal to confirm or deny existence of records): Vol. V, No. 2, p. 11

Schlesinger v. CIA (age of records; unofficial disclosures): Vol. V, No. 2, p. 12

Special FOIA Relief For CIA: Vol. V, No. 4, p. 1

Peterzell v. Department of State (information concerning "officially" acknowledged covert operation): Vol. V, No. 4, p. 5

Protecting National Security Under the FOIA: Vol. VI, No. 1, p. 1

Abbotts v. NRC (public domain information): Vol. VI, No. 3, p. 4

Marrera v. Department of Justice (refusal to confirm or deny existence of records): Vol. VI, No. 4, p. 5

Goldberg v. Department of State (belated classification): Vol. VIII, No. 2, p. 7

King v. Department of Justice (coded affidavit): Vol. VIII, No. 3, p. 3

Exemption 2

The "High" and "Low" of Exemption Two: Vol. I, No. 4, p. 6 (see also Vol. V, No. 1, p. 10)

Crooker v. BATF (two-part test for law enforcement manuals): Vol. III, No. 2, p. 4

The Unique Protection of Exemption 2: Vol. V, No. 1, p. 10

National Treasury Employees Union v. United States Customs Service (rating plan for federal job applicants): Vol. V, No. 4, p. 5; Vol. VII, No. 4, p. 7

Protecting Federal Personnel Lists: Vol. VII, No. 3, p. 3

Dirksen v. HHS (Medicare claims processing guidelines): Vol. VII, No. 4, p. 7

Exemption 3

Piccolo v. United States Department of Justice (grand jury materials): Vol. II, No. 3, p. 6

Phillippi v. CIA (refusal to confirm or deny; 50 U.S.C. §403(d)(3)): Vol. II, No. 4, p. 5

Fund for Constitutional Government v. National Archives & Records Service (grand jury materials): Vol. II, No. 4, p. 5

Baldrige v. Shapiro (census data): Vol. II, No. 2, p. 5

Greentree v. United States Customs Service (Privacy Act held not an Exemption 3 statute): Vol. III, No. 3, p. 8

Washington Post Co. v. Department of State (diplomatic "Emergency Fund" expenditures; "displacement" theory): Vol. IV, No. 1, p. 5; Vol. IV, No. 4, p. 11

The Privacy Act and FOIA Exemption 3: Vol. IV, No. 2, p. 3 (superseded: Vol. V, No. 4, p. 4)

Copyrighted Materials and the FOIA: Vol. IV, No. 4, p. 3

Porter v. Department of Justice (Privacy Act held not Exemption 3 statute): Vol. IV, No. 4, p. 6

Provenzano v. Department of Justice (Privacy Act held not Exemption 3 statute): Vol. IV, No. 4, p. 6

Sims v. CIA (definition of "intelligence source" in National Security Act of 1947): Vol. IV, No. 4, p. 6

Shapiro v. DEA (Privacy Act held an Exemption 3 statute): Vol. V, No. 1, p. 8

Guest Article: The Privacy Act as an Exemption 3 Statute: Vol. V, No. 2, p. 8 (superseded: Vol. V, No. 4, p. 4)

National Organization for Women v. Social Security Administration (relation of Trade Secrets Act to Exemptions 3 and 4): Vol. V, No. 3, p. 3

Supreme Court Hears Sims: Vol. V, No. 4, p. 2

What is the status of the legal position that the Privacy Act can serve as an Exemption 3 statute under the FOIA? Vol. V, No. 4, p. 4

Supreme Court Decides Sims: Vol. VI, No. 2, p. 1

Church of Scientology v. IRS (displacement of FOIA): Vol. VII, No. 3, p. 5

Does the Trade Secrets Act, 18 U.S.C. §1905, qualify as a nondisclosure statute under Exemption 3 of the FOIA? Vol. VII, No. 3, p. 6

Senate of Puerto Rico v. Department of Justice (grand jury materials): Vol. VIII, No. 2, p. 6

CNA Financial Corp. v. Donovan ("reverse" FOIA/Trade Secrets Act): Vol. VIII, No. 3, p. 3

Exemption 4

Business Confidentiality After Chrysler: Vol. I, No. 2, p. 3 (see also Vol. III, No. 3, p. 3)

Note Concerning Prosecutions Under 18 U.S.C. §1905, the Trade Secrets Act: Vol. I, No. 2, p. 6

Disclosure of Prices: Vol. II, No. 2, p. 5 (superseded: Vol. IV, No. 4, p. 10; superseded: Vol. V, No. 4, p. 4)

Worthington Compressors, Inc. v. Costle ("reverse engineering"): Vol. III, No. 1, p. 9

Submitters' Rights: Vol. III, No. 3, p. 3

Submitter Notice Practices: Vol. III, No. 3, p. 4 (see also Vol. IV, No. 4, p. 1; Vol. VIII, No. 2, p. 1)

Public Citizen Health Research Group v. FDA ("trade secrets" definition narrowed): Vol. IV, No. 3, p. 4

Protecting Business Information: Vol. IV, No. 4, p. 1

Predisclosure Business Notification Procedures: Vol. IV, No. 4, p. 1 (see also Vol. VIII, No. 2, p. 1

Copyrighted Materials and the FOIA: Vol. IV, No. 4, p. 3

Guest Article: The Case Against National Parks: Vol. IV, No. 4, p. 8

Unit Prices Under Exemption 4: Vol. IV, No. 4, p. 10 (superseded: Vol. V, No. 4, p. 4)

Can Exemption 4 be applied to personal financial information? Vol. IV, No. 4, p. 14

Does commercial information lose its Exemption 4 status with the passage of time? Vol. IV, No. 4, p. 14

Is there a "third prong" of the National Parks test? Vol. IV, No. 4, p. 15

9 to 5 Organization for Women Office Workers v. Board of Governors of the Federal Reserve System (liberal construction of National Parks test): Vol. V, No. 1, p. 8

EHE National Health Services, Inc. v. HHS ("reverse" FOIA/successful bid information): Vol. V, No. 2, p. 10

National Organization for Women v. Social Security Administration (relation of Trade Secrets Act to Exemptions 3 and 4): Vol. V, No. 3, p. 3

Does the new Federal Acquisition Regulation affect the possible applicability of Exemption 4 to unit prices contained in government contracts? Vol. V, No. 4, p. 4 (see also Vol. VII, No. 1, p. 6)

Protecting Intrinsic Commercial Value: Vol. VI, No. 1, p. 3

Washington Post Co. v. HHS (financial disclosure statements filed by government consultants): Vol. VI, No. 1, p. 5; Vol. VII, No. 3, p. 5

General Electric Co. v. NRC ("reverse" FOIA/internal business report): Vol. VI, No. 1, p. 5

Sharyland Water Supply Corp. v. Block ("reverse" FOIA/internal audit reports): Vol. VI, No. 2, p. 5

Discretionary Disclosure and Exemption 4: Vol. VI, No. 3, p. 3

Professional Review Organization v. HHS (administrative details of successful bidder's proposed operations): Vol. VI, No. 3, p. 4

Burnside-Ott Aviation Training Center, Inc. v. United States ("reverse" FOIA/scope of review): Vol. VI, No. 3, p. 4

Greenberg v. FDA (customer list): Vol. VI, No. 4, p. 5; Vol. VII, No. 4, p. 7

Gulf Oil Corp. v. Brock ("reverse" FOIA/EEO plan): Vol. VII, No. 1, p. 5

Is an agency compelled to release all portions of an awarded government contract under the FOIA? Vol. VII, No. 1, p. 6

M/A-COM Information Systems v. HHS (settlement negotiations): Vol. VII, No. 2, p. 3

AT&T Information Systems v. GSA ("reverse" FOIA/successful bid information): Vol. VII, No. 2, p. 3; Vol. VIII, No. 1, p. 11

Executive Order on Business Data Issued: Vol. VIII, No. 2, p. 1

Executive Order No. 12,600, Issued June 23, 1987: Vol. VIII, No. 2, p. 2

CNA Financial Corp. v. Donovan ("reverse" FOIA/ Trade Secrets Act): Vol. VIII, No. 3, p. 3

Critical Mass Energy Project v. NRC (impairment prong; non-profit organization): Vol. VIII, No. 3, p. 3

Exemption 5

When to Assert the Deliberative Privilege Under FOIA Exemption Five: Vol. I, No. 1, p. 3

Impact of Federal Open Market Committee v. Merrill: Vol. I, No. 1, p. 5

Status of Internal Audit Reports Under the FOIA: Vol. I, No. 3, p. 3

Taxation With Representation Fund v. IRS (predecisional documents relied on as final opinions): Vol. II, No. 3, p. 6

County of Madison v. Department of Justice (settlement documents): Vol. II, No. 3, p. 6

Pies v. IRS (draft documents): Vol. III, No. 2, p. 4

Grolier Inc. v. FTC (attorney work-product): Vol. III, No. 3, p. 8; Vol. IV, No. 3, p. 1

Martorano v. Department of Justice (attorney work-product): Vol. III, No. 3, p. 8

Playboy Enterprises v. Department of Justice (selection of facts): Vol. III, No. 3, p. 8

Government Land Bank v. GSA (realty appraisals): Vol. III, No. 3, p. 9

Protecting "Outside" Advice: Vol. III, No. 3, p. 10

Skelton v. United States Postal Service (final opinion; incorporation by reference): Vol. III, No. 4, p. 4

Weber Aircraft Corp. v. United States (privilege for aircraft accident safety investigations): Vol. IV, No. 1, p. 5; Vol. IV, No. 3, p. 2; Vol. IV, No. 4, p. 11

Conoco Inc. v. Department of Justice (uncirculated handwritten notes): Vol. IV, No. 1, p. 5

Are drafts absolutely protected under Exemption 5? Vol. IV, No. 1, p. 6

Is one agency's recommendation to another agency a final opinion? Vol. IV, No. 2, p. 5

Attorney Work-Product Protection: Vol. IV, No. 3, p. 6 (see also Vol. V, No. 4, p. 6)

Can commercial information be protected under Exemption 5? Vol. IV, No. 4, p. 14

Can Exemption 5 be invoked for criminal law enforcement records? Vol. V, No. 2, p. 7

Morrison-Knudsen Co. v. Department of the Army ("commercial" privilege): Vol. V, No. 4, p. 5

The Breadth of Work-Product Protection: Vol. V, No. 4, p. 6

Van Bourg, Allen, Weinberg & Roger v. NLRB ("inter-agency or intra-agency" threshold): Vol. VI, No. 1, p. 5

The Attorney-Client Privilege: Vol. VI, No. 2, p. 3

Can the deliberative process privilege under Exemption 5 be invoked to withhold the identities of authors of predecisional documents? Vol. VI, No. 2, p. 6

Professional Review Organization v. HHS (factual details of agency's bid-analysis process): Vol. VI, No. 3, p. 4

Can a document which constitutes or incorporates an agency's final decision not to proceed any further with ongoing litigation be protected by the attorney work-product privilege under Exemption 5? Vol. VI, No. 3, p. 5

Protecting Settlement Negotiations: Vol. VI, No. 4, p. 3

Wolfe v. HHS (status of proposed regulations): Vol. VII, No. 1, p. 5

Pennsylvania Department of Public Welfare v. HHS (non-segregability of attorney work-product information): Vol. VII, No. 1, p. 5

Does a draft document have to differ from the final document to be protectible under Exemption 5? Vol. VII, No. 2, p. 2

M/A-COM Information Systems v. HHS ("inter-agency or intra-agency" threshold): Vol. VII, No. 2, p. 3

Durns v. Bureau of Prisons (presentence report): Vol. VII, No. 3, p. 5

Can factual information be protected under the deliberative process privilege of Exemption 5? Vol. VII, No. 3, p. 6

Dudman Communications Corp. v. Department of the Air Force (protecting factual information under the deliberative process privilege): Vol. VIII, No. 1, p. 11

Broad Protection for Witness Statements: Vol. VIII, No. 2, p. 4

Delaney, Migdail & Young v. IRS (attorney work-product privilege): Vol. VIII, No. 2, p. 6

Badhwar v. Department of the Air Force (witness statements): Vol. VIII, No. 2, p. 7

Exemption 6

Similar Files: A Concept in Peril: Vol. II, No. 2, p. 3

Federal Job Data May Be Disclosed: Vol. II, No. 3, p. 4 (see also Vol. III, No. 4, p. 3)

Washington Post Co. v. United States Department of State (similar files): Vol. II, No. 4, p. 5; Vol. III, No. 3, p. 9

Brown v. FBI (privacy of victim who testified at trial): Vol. III, No. 1, p. 9

Privacy Protection Practices Examined: Vol. III, No. 4, p. 1

Privacy Protection Considerations: Vol. III, No. 4, p. 3

Holy Spirit Ass'n v. FBI (identities of persons reporting illegal activities): Vol. III, No. 4, p. 4

Arieff v. Department of the Navy ("mosaic" principle in Exemption 6 context): Vol. III, No. 4, p. 4; Vol. IV, No. 4, p. 6

Can the privacy of a public figure be protected under the FOIA? Vol. III, No. 4, p. 5

Can the public interest balanced under Exemptions 6 and 7(C) compel nondisclosure? Vol. III, No. 4, p. 5

Can FOIA privacy protection be extended to corporations? Vol. III, No. 4, p. 5

Can the privacy of deceased persons be protected under the FOIA? Vol. III, No. 4, p. 5

Must mailing lists be disclosed under the FOIA? Vol. III, No. 4, p. 5

Factoring in the "Public Interest": Vol. III, No. 4, p. 6

Washington Post Co. v. HHS (personal financial data; balancing factors): Vol. IV, No. 1, p. 5

Minnis v. United States Department of Agriculture (mailing list): Vol. IV, No. 3, p. 4; Vol. V, No. 2, p. 10

American Federation of Government Employees v. United States (labor union access to home addresses of employees it represents): Vol. IV, No. 4, p. 7

Stern v. FBI (disclosure of identities of censured FBI agents): Vol. IV, No. 4, p. 7

Core v. United States Postal Service (federal employment records): Vol. V, No. 1, p. 8

Antonelli v. FBI (refusal to confirm or deny existence of records): Vol. V, No. 1, p. 8

Heights Community Congress v. VA, (mailing list): Vol. V, No. 2, p. 11

Ripskis v. HUD (favorable performance evaluations of federal employees): Vol. V, No. 3, p. 3

Hemenway v. Hughes (citizenship information): Vol. VI, No. 2, p. 5

Hopkins v. Department of the Navy (mailing list): Vol. VI, No. 2, p. 5

Professional Review Organization v. HHS (resumes of successful bidder's proposed professional staff): Vol. VI, No. 3, p. 4

Are the protections afforded by Exemptions 6 and 7(C) limited to United States citizens? Vol. VI, No. 3, p. 5

Are the names of individuals who write letters to government officials protectible under Exemptions 6 and/or 7(C) of the FOIA? Vol. VII, No. 1, p. 6

Can the "Glomarization" defense be used to protect the privacy of persons mentioned in records other than those compiled for law enforcement purposes? Vol. VII, No. 2, p. 2

Protecting Federal Personnel Lists: Vol. VII, No. 3, p. 3

Falzone v. Department of the Navy (mailing list): Vol. VII, No. 4, p. 7

Aronson v. HUD (mailing list): Vol. VIII, No. 2, p. 6

New York Times Co. v. NASA ("similar files"; survivor privacy): Vol. VIII, No. 2, p. 6

Multnomah County Medical Society v. HUD (mailing list): Vol. VIII, No. 2, p. 7

Exemption 7

Status of Internal Audit Reports Under the FOIA: Vol. I, No. 3, p. 3

Abramson v. FBI (derivative Exemption 7 protection): Vol. II, No. 4, p. 5; Vol. III, No. 3, p. 9

Fund for Constitutional Government v. National Archives & Records Service (7(C)/public officials who were investigated but not indicted): Vol. II, No. 4, p. 5

Radowich v. United States Attorney, District of Maryland (7(D)/information furnished by confidential source): Vol. III, No. 1, p. 9

Bast v. United States Department of Justice (7(C)/importance of judicial impartiality in privacy balance): Vol. III, No. 1, p. 4

Pratt v. Webster (Exemption 7 threshold for criminal law enforcement agencies): Vol. III, No. 2, p. 4

Miller v. Bell (7(C)/"watchdog" activities; 7(D)/ promise of confidentiality inherent in FBI interview): Vol. III, No. 2, p. 5

Holy Spirit Ass'n v. FBI (7(C)/identities of persons reporting illegal activities): Vol. III, No. 4, p. 4

Alirez v. NLRB (7(C)/extent of withholding required to mask individual identities): Vol. III, No. 4, p. 4

Can the privacy of a public figure be protected under the FOIA? (7(C)): Vol. III, No. 4, p. 5

Can the public interest balanced under Exemptions 6 and 7(C) compel nondisclosure? Vol. III, No. 4, p. 5

Can FOIA privacy protection be extended to corporations? (7(C)): Vol. III, No. 4, p. 5

Can the privacy of deceased persons be protected under the FOIA? (7(C)): Vol. III, No. 4, p. 5

Factoring in the "Public Interest" (7(C)): Vol. III, No. 4, p. 6

Conoco Inc. v. Department of Justice (extent of detail required in 7(D) affidavit): Vol. IV, No. 1, p. 5

What showing is necessary to satisfy the threshold requirement of Exemption 7? Vol. IV, No. 1, p. 6

United States Steel Corp., American Bridge Division v. Department of Labor (7(D)/conditional assurance of confidentiality): Vol. IV, No. 2, p. 4

Binion v. Department of Justice (Exemption 7 threshold for criminal law enforcement agencies): Vol. IV, No. 2, p. 4

Diamond v. FBI (7(C) & 7(D)/age of records): Vol. IV, No. 3, p. 4

May an agency invoke Exemption 7(D) to protect the identity of, and information provided by, a deceased informant? Vol. IV, No. 3, p. 5

J.P. Stevens & Co. v. Perry (7(A)/"generic" determinations): Vol. IV, No. 4, p. 7

Stern v. FBI (7(C)/disclosure of identities of censured FBI agents): Vol. IV, No. 4, p. 7; Vol. V, No. 3, p. 3

Antonelli v. FBI (7(C)/refusal to confirm or deny existence of records): Vol. V, No. 1, p. 8

The Processing of Investigatory Records: Vol. V, No. 2, p. 1

The "Generic" Aspect of Exemption 7(A): Vol. V, No. 2, p. 3

Can an agency withhold under Exemption 7(E) investigative techniques and procedures that are not completely secret? Vol. V, No. 2, p. 5

Can the identities of law enforcement personnel always be withheld under Exemption 7(C)? Vol. V, No. 2, p. 5

Can Exemption 7 be invoked for information not initially compiled for law enforcement purposes? Vol. V, No. 2, p. 5

Can the information given to an agency by a confidential source be protected under Exemption 7(D) even if the source ultimately testifies? Vol. V, No. 2, p. 6

Can Exemption 7(A) be used to protect the records of closed or dormant investigations? Vol. V, No. 2, p. 6

Can Exemption 7 be invoked for records compiled by the federal government in connection with a non-federal investigation? Vol. V, No. 2, p. 6

Can one federal agency ever be treated as a "confidential source" of another federal agency? Vol. V, No. 2, p. 7

Williams v. FBI (Exemption 7 threshold for criminal law enforcement agencies): Vol. V, No. 2, p. 10

Kiraly v. FBI (7(C) & 7(D)/deceased informant's file): Vol. V, No. 2, p. 10

Can Exemption 7 continue to be applicable to an investigatory file even if the underlying investigation does not ultimately lead to an enforcement proceeding? Vol. V, No. 3, p. 2

L & C Marine Transport, Ltd. v. United States (7(C) & 7(D)/employee-witnesses): Vol. V, No. 4, p. 5

Seegull Manufacturing Co. v. NLRB (7(A)/access to closed investigatory files): Vol. V, No. 4, p. 5

Shaw v. FBI (7(D)/threshold requirements): Vol. VI, No. 1, p. 5

Schanen v. Department of Justice (7(D) & 7(F)/ criminal investigatory file): Vol. VI, No. 3, p. 4

Gaffney v. BATF (7(A)/closed investigatory file): Vol. VI, No. 3, p. 4

Are the protections afforded by Exemptions 6 and 7(C) limited to United States citizens? Vol. VI, No. 3, p. 5

Kimberlin v. Department of the Treasury (7(C) & 7(D)/waiver through disclosure at trial): Vol. VI, No. 4, p. 5

Are records of federal employment background investigations "investigatory records compiled for law enforcement purposes" under Exemption 7? Vol. VI, No. 4, p. 6

Privacy "Glomarization": Vol. VII, No. 1, p. 3

Akron Standard Division of Eagle-Picher Industries v. Donovan (7(C) & 7(D)/employee-witness information): Vol. VII, No. 1, p. 5

United Technologies Corp. v. NLRB (7(D)/"potential witness" rule): Vol. VII, No. 1, p. 5

Are the names of individuals who write letters to government officials protectible under Exemptions 6 and/or 7(C) of the FOIA? Vol. VII, No. 1, p. 6

Freeman v. Department of Justice (7(C)/refusal to confirm or deny the existence of records): Vol. VII, No. 2, p. 3

Crooker v. BATF (7(A)/"generic" determinations): Vol. VII, No. 2, p. 3

Grasso v. IRS (7(A)/memorandum of first-party interview): Vol. VII, No. 2, p. 3

Bevis v. Department of State (7(A)/records compiled for foreign law enforcement purposes): Vol. VII, No. 4, p. 7

Irons v. FBI (7(D)/"potential witness" rule): Vol. VIII, No. 1, p. 11

Curran v. Department of Justice (7(A)/"generic" determinations): Vol. VIII, No. 1, p. 11

Keys v. Department of Justice (7(D)/assurance of confidentiality): Vol. VIII, No. 3, p. 3

Procedural Issues

Affidavits: Vol. I, No. 2, p. 7; Vol. I, No. 3, p. 7

Privacy Act/FOIA Conflict or Harmony? Vol. I, No. 3, p. 5 (superseded: Vol. IV, No. 2, p. 3; superseded: Vol. V, No. 4. p. 4)

Open America Stays: Vol. I, No. 4, p. 7

Release of Exempt Information to Members of Congress: The Impact of the Murphy Decision: Vol. I, No. 4, p. 3 (see also Vol. V, No. 1, p. 3)

Guidance on Fee Waivers: Vol. II, No. 1, p. 3 (superseded: Vol. IV, No. 1, p. 3; superseded: Vol. VIII, No. 1, p. 3)

What is an Agency Record? Vol. II, No. 1, p. 5

In Camera Inspection: Vol. II, No. 1, p. 7

Initial Litigation Strategies: Vol. II, No. 2, p. 7

Attorney General's Memo on FOIA: Vol. II, No. 3, p. 3

Determining Attorney's Fees: Vol. II, No. 3, p. 3

Coastal States Gas Corp. v. Department of Energy (response to inadequate Vaughn index): Vol. II, No. 3, p. 6

Eligibility and Entitlement (Attorney's Fees): Vol. II, No. 4, p. 3

Paths to Information: Vol. III, No. 1, p. 10

Discovery, the Privacy Act and FOIA: Vol. III, No. 2, p. 3 (see also Vol. V, No. 3, p. 2)

Doyle v. Department of Justice (fugitive requester): Vol. III, No. 2, p. 5

Are personal notes subject to the FOIA? Vol. III, No. 3, p. 5

What are the rights of foreign nationals under the FOIA? Vol. III, No. 3, p. 5

What document referral practices should be followed? Vol. III, No. 3, p. 5 (see also Vol. IV, No. 3, p. 5)

Yeager v. DEA ("compacting" of exempt computerized information): Vol. III, No. 3, p. 8

Wolfe v. HHS (transition team materials not "agency records"): Vol. III, No. 3, p. 9; Vol. IV, No. 4, p. 6

Fees: Vol. IV, No. 1, p. 1

Fee Waiver Policy Guidance: Vol. IV, No. 1, p. 3 (superseded: Vol. VIII, No. 1, p. 3)

Fee Waiver Procedural Considerations: Vol. IV, No. 1, p. 4

Can a FOIA requester go to court before the completion of the administrative process? Vol. IV, No. 1, p. 6

To what standards are agencies generally held on "adequacy of search" issues? Vol. IV, No. 1, p. 6

McGehee v. CIA (document referral): Vol. IV, No. 2, p. 4 (see also Vol. IV, No. 3, p. 5)

Ingle v. Department of Justice (in camera inspection): Vol. IV, No. 2, p. 4

How are minimum payment thresholds established for FOIA fees? Vol. IV, No. 2, p. 5

Can an agency refuse to admit the existence of records? Vol. IV, No. 2, p. 5

The Effect of Prior Disclosure: Waiver of Exemptions: Vol. IV, No. 2, p. 6

When to Expedite FOIA Requests: Vol. IV, No. 3, p. 3

Weisberg v. United States Department of Justice (adequacy of search): Vol. IV, No. 3, p. 4

Should the practice of referring requested documents be altered by the McGehee decision? Vol. IV, No. 3, p. 5

Can an agency deny a FOIA request which requires a burdensome search or encompasses an enormous volume of records? Vol. IV, No. 3, p. 5

How should an agency respond to a FOIA request for records which are subject to a court order prohibiting disclosure? Vol. IV, No. 3, p. 5

What action can be taken against an employee who improperly denies a FOIA request? Vol. IV, No. 3, p. 5

Paisley v. CIA ("agency record" status of documents created as part of congressional investigation): Vol. IV, No. 4, p. 7

United States v. United States District Court, Central District of California (FOIA and criminal discovery): Vol. IV, No. 4, p. 7

What "cut-off" date practices should be followed? Vol. IV, No. 4, p. 14

How should the fourth criterion of the Justice Department's fee waiver guidance be applied to the media? Vol. IV, No. 4, p. 14 (superseded: Vol. VIII, No. 1, p. 3)

How should an agency charge applicable search fees when it has more than one request for the same records? Vol. V, No. 1, p. 5

How far does an agency have to extend its review efforts to make sure that requested information withholdable under FOIA has not previously been made public? Vol. V, No. 1, p. 5

Do agencies have a duty under the FOIA to answer written questions? Vol. V, No. 1, p. 5

Crooker v. United States Parole Comm'n (presentence report not "agency record"): Vol. V, No. 2, p. 11

How does the D.C. Circuit's recent Bartel decision affect agency disclosure of personal information? Vol. V, No. 3, p. 2

When an agency cannot locate any record responsive to a FOIA request, must it advise the requester of a right to file an administrative appeal? Vol. V, No. 3, p. 2

Bureau of National Affairs, Inc. v. Department of Justice (agency record's jurisdictional threshold): Vol. V, No. 3, p. 3

Dismukes v. Department of the Interior (format of record disclosure): Vol. VI, No. 1, p. 5

Can an agency supplement its rationale for denying a fee waiver request after a requester brings suit? Vol. VI, No. 1, p. 6

Can the identities of FOIA requesters be withheld under the FOIA? Vol. VI, No. 1, p. 6

Can a federal agency ever make a FOIA request for the records of another agency? Vol. VI, No. 1, p. 6

Ely v. United States Postal Service (fee waivers sought by indigents): Vol. VI, No. 2, p. 5

Wightman v. BATF (segregation requirement): Vol. VI, No. 2, p. 5

Are FOIA lawsuits routinely entitled to priority in court over other civil actions? Vol. VI, No. 2, p. 6

Can a FOIA requester require an agency to make "automatic" releases of its records as they are created? Vol. VI, No. 2, p. 6

Cochran v. United States (FOIA/PA interface): Vol. VI, No. 4, p. 5

Ricchio v. Kline ("displacement" of FOIA): Vol. VI, No. 4, p. 5

Is an agency obligated to process documents and make them available for viewing by a requester without the assessment of a duplication fee? Vol. VI, No. 4, p. 6

Can any harm ever result from an agency's failure to notify a FOIA requester of his administrative appeal rights? Vol. VI, No. 4, p. 6

Should a first-party access request which cites only the Privacy Act be processed under the Freedom of Information Act as well? Vol. VII, No. 1, p. 6

When a requester fails to pay properly assessed search and/or duplication fees, despite his previous commitment to pay such an amount, may the agency refuse to process subsequent requests until that outstanding balance is paid? Vol. VII, No. 2, p. 2

Supplemental Fee Waiver Guidance: Vol. VII, No. 3, p. 3 (superseded: Vol. VIII, No. 1, p. 3)

Tax Analysts v. Department of Justice (court records not "improperly withheld"): Vol. VII, No. 3, p. 5

Spannaus v. Department of Justice (statute of limitations): Vol. VII, No. 3, p. 5; Vol. VIII, No. 2, p. 7

Is an agency required to provide a Vaughn index at the administrative level? Vol. VII, No. 3, p. 6

New FOIA Fee Provisions Take Effect: Vol. VIII, No. 1, p. 1

New Fee Waiver Policy Guidance: Vol. VIII, No. 1, p. 3

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