February 1, 2023

FOIA: When the Exemptions Swallow the Rule

I’ve been researching and writing over the last few years on privately ordered—what the government calls “non-regulatory”—approaches to online IP enforcement. The gist of this approach is that members of trade groups representing different types of online intermediaries (broadband providers, payment processors, ad networks, online pharmacies) agree in private contracts or less formal “voluntary best […]

MIT asks to intervene in Swartz FOIA suit

Yesterday MIT filed papers asking to intervene in journalist Kevin Poulsen’s Freedom of Information Act (FOIA) lawsuit seeking the Secret Service’s records of the agency’s investigation of Aaron Swartz. Poulsen had won a court order requiring the Secret Service to turn over its documents about Aaron, who took his own life while facing aggressive criminal […]