Law Lags Behind: FOIA and Affirmative Disclosure of Information

Herz, Michael

Journal: Cardozo Public Law, Policy & Ethics Journal

Volume: 7

First Page: 577

Year: 2009

Bluebook Citation: 7 CARDOZO PUB. L. POL 'Y & ETHICS J. 577 (2009)

Author: Michael E. Herz: all 26 publications


Abstract

The Freedom of Information Act (FOIA) is increasingly outdated in the digital age due to its reliance on a request-driven model, which limits proactive disclosure of government information. The article argues that while FOIA was groundbreaking in its time, its failure to require agencies to affirmatively disclose information hinders transparency and public access, emphasizing the need for a shift towards a more proactive approach in line with modern technological capabilities.

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