[A2k] White House rejects administrative appeal on FOIA request for CRS study of ACTA

Jamie Love james.love at keionline.org
Thu Apr 21 11:02:32 PDT 2011


White House rejects administrative appeal on FOIA request for CRS study of ACTA

KEI just received the attached letter from the Executive Office of the
President's Office of the United States Trade Representative (USTR)
rejecting our appeal of USTRs decision to withhold a study by the
Library of Congress' Congressional Research Service on ACTA that was
done for Senator Wyden.


(For more background on this dispute, see: http://keionline.org/node/1103 [2]).

In our appeal, we said that "no evidence exists that Senator Wyden's
office put any conditions or limitations on USTR's use of the report."
In rejecting our administrative appeal, USTR said:

"The [USTR FOIA Appeals] Committee undertook a comprehenive review of
the circumstance of the creation of the document at issue and the
conditions under which it was sent to USTR, including through
statements provided by members of USTSR's Office and Congressional
Affairs and Office of Intellectual Property and Innovation. The
Committee concludes that Congress intended to retain control over this
document and that it is not an agency record subject to FOIA.

Senator Wyden's office earlier had told us they did not put any
restrictions on access to the document.

KEI now has the option of filing an appeal in a US District Court.

To be very blunt, the White House is trying to suppress an independent
analysis by the Library of Congress on the question of whether or not
ACTA is consistent with US law.

Source URL: http://keionline.org/node/1116
[1] http://keionline.org/sites/default/files/USTR_20April2011_FOIA_APPEAL--CaseFile_no_10101455.pdf
[2] http://keionline.org/node/1103

James Love.  Knowledge Ecology International
http://www.keionline.org, +1.202.332.2670, US Mobile: +1.202.361.3040,
Geneva Mobile: +41.76.413.6584, efax: +1.888.245.3140.

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