Will the CUI Program cause an expansion of the use of Exemption 3 of the Freedom of Information Act (FOIA)?

The full implementation of CUI is unlikely to cause an expansion of the use of Exemption 3 statutes by agencies, and in fact is more likely to produce the opposite effect by prohibiting agencies from marking and controlling information unless a valid law, Federal regulation, or Government-wide policy authorizes it. The CUI Program, for the first time, establishes a clear distinction between a marking purporting to control Continue reading “Will the CUI Program cause an expansion of the use of Exemption 3 of the Freedom of Information Act (FOIA)?”