New exemption to FOIA in cybersecurity bill advances in Senate

Cyber Security

A new exemption to the Freedom of Information Act could be passed by Congress that “all information shared with or provided to the Federal Government” would not be part of the public domain. The cybersecurity bill also requires the government withhold “cyber threat indicators and defensive measures” companies or individuals report to the government. (Politico, June 11, 2015, by Josh Gerstein)

Two Senate Democrats had objected to the new exemption in April. They wrote “Government transparency is critical in order for citizens to hold their elected officials and bureaucrats accountable; however, the bill’s inclusion of a new FOIA exemption is overbroad and unnecessary as the types of information shared with the government through this bill would already be exempt from unnecessary public release under current FOIA exemptions.” (Politico, April 20, 2015, by Josh Gerstein)