legal-history freedom-of-information
Where does the name Freedom of Information Act arise from?
<p>I think there was a question that previously addressed the sequence in which it appeared in different parts of the world and traced the progression of its spread. But I'm now asking on one hand, how/why  the concept  was spread, and on the other how the name came to be in the first place: it is actually a pretty awkward name because information can't have freedom other than in the saying which attempts to ascribe it desire and propensity for freedom as a metaphorical device with which to make its point, &quot;information wants to be free.&quot; But Freedom of Information Acts' naming seems so cheesy, so what is the logic behind it?</p>

<p>The original law was <a href="https://www.govinfo.gov/content/pkg/STATUTE-80/pdf/STATUTE-80-Pg378.pdf" rel="nofollow noreferrer">80 Stat 383</a>, PL 89-554, which is a massive reorganization of the structure of federal agencies. <a href="https://www.govinfo.gov/content/pkg/STATUTE-80/pdf/STATUTE-80-Pg378.pdf" rel="nofollow noreferrer">It</a> created title 5 entitled &quot;Government Organization and Employees&quot;. The act itself was not given a name: it did contain provisions in §552 requiring that information be made available, as opposed to being kept secret. Subsequently in 1974, <a href="https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg1561.pdf#page=4" rel="nofollow noreferrer">PL 93-502</a> amended the law specifically w.r.t. §552, and the act begins with the text</p>
<blockquote>
<p>To amend section 552 of title 5, United States Code, known as the
Freedom of Information Act</p>
</blockquote>
<p>Essentially, by this act of Congress, §552 was legislatively deemed to be &quot;known as&quot; the Freedom of Information Act. The expression was used earlier, see the documents <a href="https://nsarchive2.gwu.edu/nsa/foialeghistory/legistfoia.htm" rel="nofollow noreferrer">here</a>. <a href="https://nsarchive2.gwu.edu/nsa/foialeghistory/112%20Cong.%20Rec.%2013007%20(1966%20Source%20Book).pdf" rel="nofollow noreferrer">This speech</a> (June 20 1966) by Rep. Moss sets forth the arguments for the relevant bill S.1160 which amended title 5,, saying</p>
<blockquote>
<p>Our system of government is based on the participation of the
governed, and as our population grows in numbers it is essential that
it also grow in knowledge and understanding. We must remove every
<strong>barrier to information</strong> about—and understanding of—government
activities consistent with our security if the American public is to
be adequately equipped to fulfill the ever more demanding role of
responsible citizenship</p>
</blockquote>
<p>This is the sense in which the bill was about &quot;freedom of information&quot;. In the speech, he also refers (p. 3 of the scan) to the chairmen of the &quot;Freedom of Information Committees&quot;, and LBJ in his <a href="https://nsarchive2.gwu.edu/NSAEBB/NSAEBB194/Document%2031.pdf" rel="nofollow noreferrer">signing statement</a></p>
<blockquote>
<p>I have always felt that freedom of information is so important to our
form of government that it should not be restricted except when there
is an important reason for doing so</p>
</blockquote>
<p>This gave rise to an informal name to the act, which then was &quot;codified&quot; in 1974 by another act of Congress.</p>

<h1>In the <a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" rel="tag">united-states</a> Congress just CHOSE it as the title of the Law's amendment</h1>
<p>The <strong>Freedom of Information Act</strong> - colloquially shortened to FOIA - is (today) technically <a href="https://www.law.cornell.edu/uscode/text/5/552" rel="nofollow noreferrer">5 U.S.C. § 552</a>. This law lays the groundwork to get information from the government that is accessible (e.g. you can't request information that they don't have) and not confidential. The FOIA is (or was) also known as <strong>Public Information Act of 1966</strong> as well as <strong>Public Information Availability</strong> - which could be shortened to PIA. Also a good acronym. However, at least since 1986 the term FOIA is pretty much fixed for that section as the 1986 amendment was explicitly the <em>Freedom of Information Reform Act</em></p>
<blockquote>
<p>Short Title of 1996 Amendment</p>
<p>Pub. L. 104–231, § 1, Oct. 2, 1996, 110 Stat. 3048, provided that: “This Act [amending this section and enacting provisions set out as notes under this section] may be cited as the <strong>‘Electronic Freedom of Information Act Amendments of 1996’.”</strong></p>
<p>Short Title of 1986 Amendment</p>
<p>Pub. L. 99–570, title I, § 1801, Oct. 27, 1986, 100 Stat. 3207–48, provided that: “This subtitle [subtitle N (§§ 1801–1804) of title I of Pub. L. 99–570, amending this section and enacting provisions set out as a note under this section] may be cited as the <strong>‘Freedom of Information Reform Act of 1986’</strong>.”</p>
<p>Short Title</p>
<p>This section is popularly known as the “Freedom of Information Act”.</p>
</blockquote>
<p>Also note that due to technicalities, it passed congress <em>twice</em> - <a href="https://en.wikipedia.org/wiki/Freedom_of_Information_Act_(United_States)#Legislative_history" rel="nofollow noreferrer">once in 1966, once in 1967</a></p>
<p>However, Congress could have chosen that this is the &quot;Watergate-Repetition-Prevention-Law&quot; (WRPL) if they wanted. Nobody but a cat could pronounce that. But the lawmaker <strong>chose</strong> a term that would be easily shortened to FOIA back in 1966. Why? You'd need to read all the hearings, and as a side: Why a law is what it is is off-topic here.</p>
<h3>Sideline: Amendment names</h3>
<p>The FOIA has some amendments, that have interesting names. Besides a couple unnamed ones and executive orders, there are the:</p>
<ul>
<li>Privacy Act</li>
<li>Government in the Sunshine Act</li>
<li>Omnibus Anti-Drug Abuse Act</li>
<li>Electronic Freedom of Information Act</li>
<li>Intelligence Authorization Act</li>
</ul>
<h2>Copycat countries?</h2>
<p>The term FOIA/Freedom of Information Act was copied by other countries after 1966:</p>
<ul>
<li><a href="/questions/tagged/australia" class="post-tag" title="show questions tagged &#39;australia&#39;" rel="tag">australia</a> enacted a same-name act in 1982</li>
<li><a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" rel="tag">england-and-wales</a> enacted such a law in 2000</li>
<li><a href="/questions/tagged/scottland" class="post-tag" title="show questions tagged &#39;scottland&#39;" rel="tag">scottland</a> enacted such a law in 2002</li>
</ul>
<p>However, the US was not the first to have a law that is substantially this way: Sweden had the <a href="https://en.wikipedia.org/wiki/Basic_Laws_of_Sweden#Principle_of_Public_Access" rel="nofollow noreferrer">1766 Freedom of the Press Act</a>, which is most likely the first law that allows demand for the release of government information to non-governmental parties.</p>

<ul>
<li><p><strong>how/why the concept was spread</strong> is probably better suited to <a href="https://politics.stackexchange.com/">PoliticsSE</a> who have their own <a href="/questions/tagged/freedom-of-information" class="post-tag" title="show questions tagged &#39;freedom-of-information&#39;" rel="tag">freedom-of-information</a> tag with (at time of writing) <a href="https://politics.stackexchange.com/questions/tagged/freedom-of-information">11 questions</a>.</p>
</li>
<li><p><strong>how the name came to be in the first place</strong> in <a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" rel="tag">england-and-wales</a> is probably lost to the mists of time, but presumably the law makers wanted a <a href="https://www.legislation.gov.uk/ukpga/2000/36/section/88?timeline=false" rel="nofollow noreferrer">Short Title</a> that mirrored other jurisdictions for consistency on the international stage. The <a href="https://www.legislation.gov.uk/ukpga/2000/36/introduction?timeline=false" rel="nofollow noreferrer">Freedom of Information Act 2000</a>'s full title is actually:</p>
</li>
</ul>
<blockquote>
<p>An Act to make provision for the disclosure of information held by public authorities or by persons providing services for them and to amend the Data Protection Act 1998 and the Public Records Act 1958; and for connected purposes.</p>
</blockquote>
