This section involves much repetition of what is laid out in the rest of the site. It also tries to make explicit what is implicit in the practice and ritual that is the FOIA process.
This section on strategies differs a great deal from the justifications for and against greater openness. If you are interested in the academic side of transparency and secrecy in democracy, I urge you to continue exploring this site in those areas.
Keep in Mind While Doing Research
1. Be conscious of materiality of information
Stop thinking in terms of abstract notions of ideas or facts and start thinking
in terms of concrete documents produced and circulated by and for bureaucratic
functions.
2. Be cooperative, not confrontational
Don’t blame bureaucrats for the effects of their entire system. The bureaucratic
system will work best for you if you cooperate with the individuals within
it. Those individuals can act like a machine or a human, but much of their
response depends on things like your tone of voice and the types of things
that you say. Most of the time, they are simply following their rules and
doing their job. You will get much farther if you don’t harass the bureaucrats
for what they perceive as doing their job.
3. Research as much as possible, be aware of any clues
Don't make a request before you have exhausted all of your research channels.
You might either stumble upon the information you have been looking for or
you might learn valuable clues that will help you describe the type and location
of the documents you are searching for.
4. Think precisely and concretely
Try to be precise with what you are looking for if possible. When you make
a request, it is often the case that overly general requests will take much
longer than a more precise request. If you are on a “fishing expedition,”
looking for any records that may pertain to a general subject, this will not
be possible.
5. Consider the types of information available and possible
It is crucial that you learn what kinds of information can and cannot be found
by FOIA, what kinds of documents are actually there to be found. Hundreds,
probably thousands, of requests per year are made by requestors asking for
documents on UFO's, Noah's Ark, or maybe some piece of science fiction. Some
FOIA experts like to strongly deter these types of requestors, complaining
that they play a major role in the backlog problem. But further, these requestors
might be interested to know that many interesting documents have been posted
in agency reading rooms on all such topics. And further, there are many other
well written accounts in the library. The point is that I would urge all requestors
to understand and distinguish between different kinds of information. The
government does not know everything and therefore FOIA is not necessarily
the way to get at the real truth of all things. Also, when you read about
FOIA's exemptions, you can get a good idea of the types
of documents that will never be released. Here is a warning,
just to keep in the back of your mind.
While Making/Writing a Request
You can't ask questions! This may sound ridiculous because a FOIA request asks federal agencies if they possess specific documents.
The implication is that you need to remember that you are playing the request game on their terms, not yours. The federal government has set up the rules, the site and they make the final decisions. Don't let this discourage you, just remember that you are writing for a specific audience.
Your letter must therefore be a carefully sculpted rhetorical statement that attempts to persuade but is also straightforward and clear. You need to find common ground. Because the FOIA officer is not expected to expand his horizons to understand yours, you will need to best understand the FOIA officer's sense of things.
Always consider the possible or probable reactions to your request. For example, if you ask for a fee waiver, keep in mind that there exists a litmus test to decide whether you apply to that category. The fee waiver standard considers whether your request is in the "public interest" using 6 analytical categories. If you simply claim that you deserve a fee waiver because you are whoever you are, it is unlikely you will receive the waiver. Requestors are not immediately entitled to documents under FOIA. You will increase the likelihood of a successful request if your letter specifically responds to the 6 analytical assessment points used by FOIA officers. Only through carefully researching the FOIA process before making a request could you possibly have taken this into account while drawing up your FOIA request letter. And this is just one point to consider among others.
FOIA Group, Inc. offers the following reminder: “Remember, it is to everyone's advantage if your request is precise, and as narrow as possible. You benefit because the request can be processed faster and cheaper. The agency benefits because it can do a better job of responding to the request. The agency will also be able to use its resources to respond to a greater volume of requests. The FOIA works best when both the requester and the agency act cooperatively.”
While Waiting For a Request
Remain patient, because the FOIA process can take a long time. An effective request will consider the potential amount of time the process may take before the request is made. Frequently, the lengthy wait for documents prevents journalists from using FOIA as an effective tool for timely reporting. Instead, it is more apt for investigative journalists, historians, and other researchers.
When You Receive Your Documents
Learn how to read again. Reading FOIA documents is not the same as reading any other document. Most writers consider their audience and direct their communication in a likewise manner. Reading a FOIAd document requires a different orientation if the document is redacted. While it is not necessary to read between the lines or underneath the black marker, a familiarity with the exemptions applied to a redacted document will help the reader comprehend the substance, structure, and general content of the document. Inferences, although highly generalized, can be made from this knowledge. Prepare to reorient your reading skills.
If You Are Denied
If you have not received the documents you wanted, appeal. It is simple, inexpensive, and worth a try. If you made a request and for some reason the agency has refused to consider your request, research the reason why and try again. Remember that the agencies rely on the rebate effect and consider that they are testing to see whether you are a serious requestor.
If You Want to Go to Court
Your best bet might be to call a lawyer. But consider this option BEFORE you make a request. It may sound odd, but considering that you might anticipate withholding before the request has even been made. If you contact a lawyer knowledgable in FOIA procedures, the lawyer can ensure that you do all of the little things that a court case will need to see so that the court does not throw your case out on some technicality.
Pray?
As with all rituals that anthropologists study, consider FOIA as the manifestation of or the microcosm for a larger order of things. Pray to James Madison and the Founding Fathers and keep those justifications in mind. Knowing the more philosophical and analytic arguments for democratic openness might pay off when writing an appeal or a legal argument for disclosure. According to the logic of our modern world, our fellow people construct the larger order in which we have placed ourselves. This means that your FOIA request is as important as any other democratic practice.