Critical Infrastructure Information: Disclosure and Homeland Security [Updated January 29, 2003] [open pdf - 101KB]
One of the findings of the President's Commission on Critical Infrastructure Protection, established by President Clinton in 1996, was the need for the federal government and owners and operators of the nation's critical infrastructures to share information on vulnerabilities and threats. Among the strategies to help owners and operators share information with the federal government was a proposal to exempt the information they share from disclosure under the Freedom of Information Act (FOIA). Three of the nine exemptions provide possible protection against the release of critical infrastructure information: exemption 1 (national security information); exemption 3 (information exempted by statute); and exemption 4 (confidential business information). Public interest groups argue that the language in the House bill is far too broad and would allow a wide range of information to be protected from disclosure (including information previously available under FOIA), and that existing FOIA exemptions and case law provide sufficient protections.
CRS Report for Congress, RL31547