Of the two major presidential candidates, Barack Obama is the only one for whom I can find a position paper on the Freedom of Information Act and open government issues.

The paper, which you can find here, offers the following on FOIA.

...Barack Obama would restore the tradition of free information by issuing an Executive Order that information should be released unless an agency reasonably foresees harm to a protected interest.

Well, OK. But agencies are already supposed to release information unless it falls under numerous exemptions. Obama's position paper does not define a "protected interest."

Shortly after the Sept. 11 attacks, then-U.S. Attorney General John Ashcroft issued a memorandum that seemed to expand what one would call a "protected interest." The memo has been much maligned in the FOI world while some have said the directives are necessary to maintain national security. Would Obama rescind the memo?

On Thursday, I sent this e-mail to the Obama campaign.

I have read the Senator's position paper on the Freedom of Information Act. Can you please tell me what the candidate considers a "protected interest." Would he rescind the John Ashcroft memo restricting documents under FOIA?

Also, has Senator Obama ever filed a request under the Freedom of Information Act or a state record law? If so, what was the senator's experience?

I am not working on a deadline but would appreciate a response in the next week. Thank you.

I asked whether Obama has made FOI requests because . . . well, I just couldn't resist. I'll let you know what he says.

-- nc

Labels: Candidates, FOIA