FOIA Update: Index to FOIA Update, Volumes I-XIII, 1979-1992

January 1, 1992

FOIA Update
Vol. XIII, No. 4
1992


Index to FOIA Update

Volumes I-XIII

1979-1992

This cumulative index covers all issues of FOIA Update from its inception in late 1979 through the end of 1992. 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 A second citation is provided where an item has been updated or superseded.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 II, No. 1, p. 3 (superseded: Vol. IV, No. 1, p. 3; superseded: Vol.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 (see also Vol. X, No. 2, p. 6)

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 IV, No. 1, p. 3 (superseded: Vol.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 IV, No. 2, p. 3 (superseded: Vol.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 (see also Vol. XIII, No. 3, p. 5)

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 (see also Vol. X, No. 3, p. 5)

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 VII, No. 3, p. 3 (superseded: Vol.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

Privacy Protection in the Wake of the Reporters Committee Decisions: Vol. IX, No. 2, p. 3 (superseded: Vol. X, No. 2, p. 3)

Privacy Protection Under the Supreme Court's Reporters Committee Decision: Vol. X, No. 2, p. 3

Protecting Vulnerability Assessments Through Application of Exemption Two: Vol. X, No. 3, p. 3

Procedural Rules Under the D.C. Circuit's Oglesby Decision: Vol. XII, No. 2, p. 3

Referral and Consultation Procedures: Vol. XII, No. 3, p. 3

The "Automatic" Disclosure Provisions of FOIA: Subsections (a)(1) & (a)(2): Vol. XIII, No. 3, p. 3

FOIA COUNSELOR

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

What is a FOIA Request? Vol. I, No. 2, p. 2 (see also Vol. VII, No. 1, p. 6; Vol. X, No. 3, p. 5)

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; Vol. X, No. 3, p. 3)

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 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 (see also Vol. X, No. 2, p. 3)

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

The Effect of Prior Disclosure: Waiver of Exemptions: Vol. IV, No. 2, p. 6 (see also Vol. IX, No. 4, p. 4)

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 (superseded: Vol. XI, No. 2, p. 2)

Transition Team FOIA Issues: Vol. IX, No. 4, p. 3

Exemption 6 and Exemption 7(C): Step-by-Step Decisionmaking: Vol. X, No. 2, p. 7

FOIA COUNSELOR Q & A

Are personal notes subject to the FOIA? Vol. III, No. 3, p. 5 (see also Vol. V, No. 4, p. 3)

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; Vol. XII, No. 2, p. 6; Vol. XII, No. 3, p. 3)

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 administrativeprocess? Vol. IV, No. 1, p. 6 (see also Vol. XII, No. 2, p. 4)

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

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

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

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

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 nonfederal 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 (superseded: Vol. XII, No. 2, p. 5)

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; Vol. XI, No. 2, p. 2)

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 paysuch 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

Does the tax information withholding statute, 26 U.S.C. § 6103, require an agency to withhold tax return information obtained other than from the Department of the Treasury? Vol. IX, No. 2, p. 5

Does an "Open America" stay of proceedings include the time required for the preparation of a Vaughn affidavit? Vol. IX, No. 4, p. 5

Can "briefing materials" be protected from disclosure under Exemption 5? Vol. IX, No. 4, p. 5

How should Exemption 7(C) "Glomarization" be implemented in light of the Supreme Court's recent decision in Reporters Committee? Vol. X, No. 3, p. 5

Can a federal agency accept FOIA requests that it receives via a facsimile ("fax") machine? Vol. X, No. 3, p. 5

Can agencies still continue to withhold federal personnel lists under Exemption 2 after the D.C. Circuit's decision in Schwaner v. Department of the Air Force? Vol. XI, No. 2, p. 2

Can Exemption 4 protect the "unit prices" in unsuccessful government contractproposals? Vol. XI, No. 2, p. 2

When responding to a request for records on a named third party, should an agency advise the FOIA requester of the identity of a law enforcement agency to which it makes a record referral? Vol. XII, No. 2, p. 6

Does "government operations" under Reporters Committee mean federal government operations only? Vol. XII, No. 2, p. 6

Can a "protective order" issued by an administrative law judge be a sufficient basis for withholding records under the FOIA? Vol. XIII, No. 3, p. 5

Should agencies give immediate attention to any FOIA requester's special request that he be granted "expedited access" to records requested under the FOIA? Vol. XIII, No. 3, p. 5

Is an "acknowledgment letter" sufficient to satisfy the requirement that an agency respond to a FOIA request within the Act's ten-day deadline? Vol. XIII, No. 3, p. 5

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. 1

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

New FOIA Legislation Proposed to Promote U.S. Competitiveness: Vol. IX, No. 1, p. 1

FOIA Oversight Hearing Held: Vol. IX, No. 3, p. 1

Excerpts From Justice Testimony: Vol. IX, No. 3, p. 3

Senate FOIA Legislation Introduced: Vol. XII, No. 4, p. 1

Text of Senate FOIA Amendment Bills: Vol. XII, No. 4, p. 3

Senate "Electronic" FOIA Hearing Held: Vol. XIII, No. 2, p. 1

Justice Department Testimony on S. 1940: Vol. XIII, No. 2, 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

OIP Takes "Electronic Record" Survey: Vol. X, No. 2, p. 1

"Electronic Record" Survey Continues: Vol. X, No. 3, p. 2

FOIA Affected by Budget Constraints: Vol. XI, No. 1, p. 1

New Justice Department Policy Office: Vol. XI, No. 2, p. 1

Department of Justice Report on "Electronic Record" FOIA Issues, Part I: Vol. XI, No. 2, p. 3

Department of Justice Report on "Electronic Record" FOIA Issues, Part II: Vol. XI, No. 3, p. 3

Agencies Conduct Specialized Training: Vol. XII, No. 2, p. 1

New "FOIA Forum" Program Planned: Vol. XIII, No. 1, 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; Vol. IX, No. 2, p. 1; Vol. IX, No. 4, p. 1; Vol. X, No. 1, p. 1; Vol. X, No. 2, p. 1; Vol. X, No. 3, p. 1; Vol. X, No. 4, p. 1; Vol. XI, No. 1, p. 2; Vol. XII, No. 1, p. 1; Vol. XII, No. 3, p. 1; Vol. XIII, No. 1, p. 1; Vol. XIII, 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; Vol. IX, No. 1, pp. i-iv; Vol. X, No. 1, pp. i-iv; Vol. XI,No. 1, pp. i-iv; Vol. XII, No. 1,pp. i-iv; Vol. XIII, No. 1, 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; Vol. X, No. 4, pp. i-viii; Vol. XIII, No. 4, pp. i-ix

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

REFERENCES BY SUBJECT
Exemption 1

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

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

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

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

Exemption 2

The "High" and "Low" of Exemption Two: Vol. I, No. 4, p. 6 (see also Vol. V, No. 1,p. 10; Vol. X, No. 3, p. 3)

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

Protecting Federal Personnel Lists: Vol. VII, No. 3, p. 3 (superseded: Vol. XI, No. 2, p. 2)

Protecting Vulnerability Assessments Through Application of Exemption Two: Vol. X, No. 3, p. 3

Can agencies still continue to withhold federal personnel lists under Exemption 2 after the D.C. Circuit's decision in Schwaner v. Department of the Air Force? Vol. XI, No. 2, p. 2

Exemption 3

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

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

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

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

New FOIA Legislation Proposed to Promote U.S. Competitiveness: Vol. IX, No. 1, p. 1

Does the tax information withholding statute, 26 U.S.C. § 6103, require an agency towithhold tax return information obtained other than from the Department of the Treasury? Vol. IX, No. 2, p. 5

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)

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)

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

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; Vol. XI, No. 2, p. 2)

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

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

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

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

New FOIA Legislation Proposed to Promote U.S. Competitiveness: Vol. IX, No. 1, p. 1

Can Exemption 4 protect the "unit prices" in unsuccessful government contract proposals? Vol. XI, No. 2, p. 2

New Leading Case Under Exemption 4: Vol. XIII, No. 4, p. 1

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

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

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

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

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

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

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

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

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

Supreme Court Decides Julian: Vol. IX, No. 2, p. 1

Transition Team FOIA Issues: Vol. IX, No. 4, p. 3

Can "briefing materials" be protected from disclosure under Exemption 5? Vol. IX, No. 4, p. 5

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)

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

Privacy Protection Considerations: Vol. III, No. 4, p. 3 (see also Vol. X, No. 2, 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 (see also Vol. X, No. 2, p. 3)

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

Privacy Protection in the Wake of the Reporters Committee Decisions: Vol. IX, No.2, p. 3 (superseded: Vol. X, No.2, p. 3)

Reporters Committee Decided Broadly: Vol. X, No. 2, p. 1

Privacy Protection Under the Supreme Court's Reporters Committee Decision: Vol. X, No. 2, p. 3

Exemption 6 and Exemption 7(C): Step-by-Step Decisionmaking: Vol. X, No. 2, p. 7

Does "government operations" under Reporters Committee mean federal government operations only? Vol. XII, No. 2, p. 6Supreme Court Upholds Privacy in Ray: Vol. XIII, No. 1, p. 1

Exemption 7

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

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 (see also Vol. X, No. 2, p. 3)

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

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

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 Exemption7(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 nonfederal 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

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

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

Privacy Protection in the Wake of the Reporters Committee Decisions: Vol. IX, No. 2, p. 3 (superseded: Vol. X, No.2, p. 3)

Reporters Committee Decided Broadly: Vol. X, No. 2, p. 1

Privacy Protection Under the Supreme Court's Reporters Committee Decision: Vol. X, No. 2, p. 3

Exemption 6 and Exemption 7(C): Step-by-Step Decisionmaking: Vol. X, No. 2, p. 7

How should Exemption 7(C) "Glomarization" be implemented in light of the Supreme Court's recent decision in Reporters Committee? Vol. X, No. 3, p. 5

Government Wins John Doe Corp. Case: Vol. X, No. 4, p. 1

When responding to a request for records on a named third party, should an agency advise the FOIA requester of the identity of a law enforcement agency to which it makes a record referral? Vol. XII, No. 2, p. 6

Does "government operations" under Reporters Committee mean federal government operations only? Vol. XII, No. 2, p. 6

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

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)

Are personal notes subject to the FOIA? Vol. III, No. 3, p. 5 (see also Vol. V, No. 4, p. 3)

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; Vol. XII, No. 2, p. 6; Vol. XII, No. 3, p. 3)

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 (see also Vol. XII, No. 2, p. 4)

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

The Effect of Prior Disclosure: Waiver of Exemptions: Vol. IV, No. 2, p. 6 (see also Vol. IX, No. 4, p. 4)

When to Expedite FOIA Requests: Vol. IV, No. 3, p. 3 (see also Vol. XIII, No. 3, p. 5)

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

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

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

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 (superseded: Vol. XII, No. 2, 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

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

Is an agency obligated to process documents and make them available for viewing by arequester 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 hisadministrative appeal rights? Vol. VI, No. 4, p. 6

Should a first-party access request which cites only the Privacy Act be processedunder 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 paysuch an amount, may the agency refuse to processsubsequent 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)

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

Transition Team Issues: Vol. IX, No. 4, p. 3

Does an "Open America" stay of proceedings include the time required for the preparation of a Vaughn affidavit? Vol. IX, No. 4, p. 5

OIP Takes "Electronic Record" Survey: Vol. X, No. 2, p. 1

Government Loses Tax Analysts Case: Vol. X, No. 3, p. 1

"Electronic Record" Survey Continues: Vol. X, No. 3, p. 2

Can a federal agency accept FOIA requests that it receives via a facsimile ("fax") machine? Vol. X, No. 3, p. 5

Department of Justice Report on "Electronic Record" FOIA Issues, Part I: Vol. XI, No. 2, p. 3

Department of Justice Report on "Electronic Record" FOIA Issues, Part II: Vol. XI, No. 3, p. 3

Procedural Rules Under the D.C. Circuit's Oglesby Decision: Vol. XII, No. 2, p. 3

Supreme Court Stays FOIA Disclosures: Vol. XII, No. 3, p. 1

Referral and Consultation Procedures: Vol. XII, No. 3, p. 3

The "Automatic" Disclosure Provisions of FOIA: Subsections (a)(1) & (a)(2): Vol. XIII, No. 3, p. 3

Can a "protective order" issued by an administrative law judge be a sufficient basis for withholding records under the FOIA? Vol. XIII, No. 3, p. 5

Should agencies give immediate attention to any FOIA requester's special request that he be granted "expedited access" to records requested under the FOIA? Vol. XIII, No. 3, p. 5

Is an "acknowledgment letter" sufficient to satisfy the requirement that an agency respond to a FOIA request within the Act's ten-day deadline? Vol. XIII, No. 3, p. 5

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