Who decides what parts of subpoenas
can be redacted?
Sanitization
is the process of removing sensitive information from a document or other medium, so that it may be distributed to a broader audience. When dealing with classified information, sanitization attempts to reduce the document's classification level, possibly yielding
an unclassified document.
Originally, the term sanitization was applied to printed documents; it has since been extended to apply to computer media and the problem of data remanence as well.
Redaction generally refers to the editing or blacking out
of text in a document, or to the
result of such an effort. It is intended to allow the selective disclosure of information in a document while keeping other parts of the document secret. Typically the result is
a document that is suitable for publication, or for dissemination to others than the intended audience of the original document. For example, when a document is subpoenaed in a court case, information not specifically relevant to the case at hand
is often redacted.
Ashcroft Memo
On October 12, 2001, Attorney General (AG)
John Ashcroft issued a policy memorandum on FOIA to all federal executive agencies. The AG declared the Department of Justice (DOJ) would defend agencies’ decisions to withhold documents
from a FOIA requester under one of the statute's exemptions "unless they lack
a sound legal basis or present an unwarranted risk of adverse impact
on the ability of other agencies to protect
other important records."
The Ashcroft Memorandum reversed the Reno standard. Agencies were told that in making discretionary
FOIA decisions they should
carefully consider the
fundamental values behind the exemptions – national security, privacy, government’s interests, etc – and to lean
in their favor whenever possible.
The Ashcroft Memo with its "sound legal basis" standard
encouraged (or at least seemed to support)
greater use of FOIA exemptions by federal agency personnel.
AG Holder Memo
The Ashcroft Memo was rescinded by Attorney General Eric Holder on March 14, 2009. The
AG Holder Memo appears to have
reinstated the Reno Memo standard and extends the policy. The policy of the executive branch is to be open, responsive, transparent, and accountable. The current memo encourages the maximum disclosure possible in discretionary exemptions
and to
whenever possible reasonably segregate exempt information and
release the rest.
above: example of redaction for educational purposes.