Before (or after) reading these accounts of FOIA requests to USTR, you might also review the transparency memorandum issued by President Obama in January 2009.

The following are some recent FOIA requests for USTR:

• On January 31, 2009, KEI submitted a FOIA request for seven documents containing the leaked ACTA text. On March 10, 2009, the White House denied the request. More information about this request is found here and here.
• On May 21, 2009, in response to a KEI FOIA, USTR provided copies of Ambassador Kirk's daily calendar, for the period March 20 to May 1.
• On July 30, 2009, USTR rejected a KEI request for documents relating to a Morocco negotiating session for ACTA. More here. In addition to the information on the blog entry, note that USTR also refused to release (a) the names of the documents, or quite remarkably, (b) the names of the countries that have authored the documents.
• On September 11, 2009, KEI asked for the names of persons to whom the USTR has been given access to the U.S. government position on the Internet provisions for ACTA. This is our second request for this information. The first was already rejected, in part on the grounds that there may be national security concerns about revealing who in the private sector the U.S. government consults on the ACTA provisions. Before making this most recent request, USTR did acknowledge the following:
  

  "We've consulted with an array of experts from various IP and tech industries and associations and NGOs in the process of deliberation regarding a US proposal on one section of the agreement."

  I have blogged about this issue here. The FOIA request follows:

  To: jcaldwell@ustr.eop.gov
  Subject: FOIA Request relating to Internet Sections of ACTA, September 11, 2009
  Date: Fri, 11 Sep 2009 18:49:09 -0400

  Dear Jacqueline B. Caldwell,

  Under the Freedom of Information Act, KEI requests the following information:

  1. The names of all persons not employed by the U.S. government who have been given access to documents relating to the position of the U.S. government for the Internet provisions of the Anti-Counterfeiting Trade Agreement.

  2. Copies of all Non-Disclosure Agreements relating to item 1.

  3. Copies of all power point slides prepared by the USTR staff over the past six months, describing any aspect of the ACTA negotiation.

  KEI also requests a waiver of fees. KEI intends to publish a story about this topic in the Huffington Post.

  Thank you.

  James Love

  On October 9, 2009, USTR provided all of the documents requested by KEI. Information from this FOIA request is reported here.

• Also on September 11, 2009, KEI filed a FOIA for recent copies of Ambassador Kirk's daily schedule, and documents relating to the WIPO negotiations on a treaty for the blind. (USTR has been privately telling Geneva negotiators that US government wants to block the treaty).
  

  To: Jacqueline B. Caldwell
  Subject: Daily Schedule of Ambassador Kirk, WIPO treaty for persons who are blind or have other disabilities
  Date: Fri, 11 Sep 2009 19:01:38 -0400

  Dear Jacqueline B. Caldwell

  Pursuant to the Freedom of Information Act (FOIA), KEI requests the following documents:

  1. The Daily Schedule of Ambassador Kirk, from May 2 to the present. KEI is asking for updated version of these documents received earlier in a previous foia:

  http://www.keionline.org/blogs/2009/05/24/calendar-ambassador-kirk

  2. Any documents relating to the proposal at the World Intellectual Property Organization (WIPO) for a treaty for persons who are blind or have other reading disabilities, including but not limited to any communications with publishers, trade associations, or others regarding the topic of the treaty, and any communication with other governments concerning the treaty.

  KEI requests a waiver for fees for this request. We are willing to provide additional information regarding the fee waiver issue if that is necessary.

  James Love

  On November 6, 2009, we received documents related to item (1), the daily calendar of Ambassador Kirk.

• On September 12, 2009, KEI filed the following FOIA request with USTR concerning the out-of-cycle review of the IPR policies of the Philippines.
  

  From: James Love
  To: Jacqueline B. Caldwell
  Subject: FOIA Request regarding out of cycle review of Philippines
  Date: Sat, 12 Sep 2009 13:57:11 -0400

  Dear Jacqueline B. Caldwell,

  In April 2009, the USTR announced it would "conduct Out-of-Cycle Reviews for Fiji, Israel, the Philippines, Poland, and Saudi Arabia to monitor progress on specific IPR issues."

  Knowledge Ecology International (KEI) requests copies of documents relating to the out-of-cycle review of the Philippines, including but not limited to any electronic mail, fax, letter or other communication between USTR and the pharmaceutical industry, or law firms, consultants, public relations firms, lobbyists or others working their behalf, any member of congress, communications with foreign governments or other agencies with the U.S. federal government, regarding this process, and any other documents relevant to the out-of-cycle review.

  Thank you.

  James Love

  On October 13, USTR said it did not receive this request. It was then refiled.

• On September 14, 2009, KEI asked USTR for documents relating to the out-of-cycle review of Poland. PhRMA's 2009 301 submission (attached) included extensive comments on Poland. In the April 30, 2009 301 Report, USTR said it "will conduct an OCR to examine whether Poland continues to make progress on IPR enforcement, including through implementation of its National IPR Action Plan."
  

  -------- Forwarded Message --------
  From: James Love
  To: Jacqueline B. Caldwell
  Subject: FOIA, out of cycle review of Poland IPR issues
  Date: Mon, 14 Sep 2009 11:14:40 -0400

  Dear Jacqueline B. Caldwell,

  In April 2009, the USTR announced it would "conduct Out-of-Cycle Reviews for Fiji, Israel, the Philippines, Poland, and Saudi Arabia to monitor progress on specific IPR issues."

  Knowledge Ecology International (KEI) requests copies of documents relating to the out-of-cycle review of Poland, including but not limited to any electronic mail, fax, letter or other communication between USTR and the pharmaceutical industry, or law firms, consultants, public relations firms, lobbyists or others working their behalf, any member of congress, communications with foreign governments or other agencies with the U.S. federal government, regarding this process, and any other relevant documents relevant to the out-of-cycle review.

  We are particularly interested in documents relating to intellectual property norms and practices for medical inventions, as well as anything relating to the pricing of medical inventions.

  If the USTR is active in issues relating to IPR on medical inventions in Poland, KEI intends to write about this topic for newspapers, policy journals or web based magazines, and requests a waiver of fees.

  If the out-of-cycle review does not involve IPR or pricing of medical technologies, KEI will consider withdrawing this request.

  Thank you.

  On October 13, 2009, KEI verbally agreed to narrow the request to information relevant to medical technologies, and to exclude materials on general copyright and trademark infringement not relevant to pharmaceutical or biologic drugs or medical devices.

• The September 14, 2009, KEI asked USTR for documents related to recent U.S./Japan discussions about the protection of regulatory test data for pharmaceutical or biologic products. More background on the U.S./Japan discussions is available here.
  

  -------- Forwarded Message --------
  From: James Love
  To: Jacqueline B. Caldwell
  Subject: FOIA Request, US/Japan discussions regarding pharmaceutical test data
  Date: Mon, 14 Sep 2009 14:16:33 -0400

  Dear USTR FOIA officer

  On July 6, 2009, a report of the the U.S.-Japan Regulatory Reform and Competition Policy Initiative was presented to President Obama and Prime Minister Aso of Japan.

  Included in this report was the following passage:

  XVII. MEDICAL DEVICES AND PHARMACEUTICALS

  The Government of the United States and the Government of Japan have discussed the Government of Japan’s recommendation regarding the protection of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products.

  I request documents relevant to item XVII, namely the discussions about the protection of test data for pharmaceutical or biologic products.

  This would include exchanges of information with the private sector or with foreign governments, as well as government documents of any kind.

  KEI is preparing a series of policy and academic papers on the topic of the international norms for the protection of regulatory test data for pharmaceutical and biologic products. I request a waiver of fees for this request.

  Sincerely,

  James Love

• On September 16, 2009, KEI asked for copies of USTR Special 301 Reports in electronic format, for years 1996 or earlier.
  

  -------- Forwarded Message --------
  From: James Love
  To: jcaldwell@ustr.eop.gov
  Subject: FOIA Request
  Date: Wed, 16 Sep 2009 17:45:44 -0400

  Dear USTR FOIA Officer

  KEI is creating a research tool for USTR Special 301 Reports. The
  current version of the page is here:

  http://www.keionline.org/ustr/special301

  At present, we have copies of 301 reports from 1997 to 2009.

  We request, under FOIA, copies of electronic versions of Special 301 Reports from 1996 and earlier, if they exist.

  Examples of helpful formats would be copies of the Special 301 report in Wordperfect or Microsoft word processing formats
  (wpd, .doc, .rtf, etc), or in PDF or html formats.

  Thank you.

  James Love

  On September 28, 2009, USTR complied with this request in full and all the Special 301 Reports are now available here.

• On September 18, 2009, KEI requested information on the out-of-cycle review of Israel.
  

  -------- Forwarded Message --------
  From: James Love
  To: Jacqueline B. Caldwell
  Subject: FOIA, out-of-cycle review, Israel
  Date: Fri, 18 Sep 2009

  USTR FOIA Officer

  Dear Jacqueline B. Caldwell,

  In April 2009, the USTR announced it would "conduct Out-of-Cycle Reviews for Fiji, Israel, the Philippines, Poland, and Saudi Arabia to monitor progress on specific IPR issues."

  Knowledge Ecology International (KEI) requests copies of documents relating to the out-of-cycle review of Israel, including but not limited to any electronic mail, fax, letter or other communication between USTR and the pharmaceutical industry, or law firms, consultants, public relations firms, lobbyists or others working their behalf, any member of congress, communications with foreign governments or other agencies with the U.S. federal government, regarding this process, and any other relevant documents relevant to the out-of-cycle review.

  We are particularly interested in documents relating to intellectual property norms and practices for medical inventions, as well as anything relating to the pricing of medical inventions.

  If the USTR is active in issues relating to IPR on medical inventions in Israel, KEI intends to write about this topic for newspapers, policy journals or web based magazines, and requests a waiver of fees.

  If the out-of-cycle review does not involve IPR or pricing of medical technologies, KEI will consider withdrawing this request.

  Thank you

  On October 13, 2009, KEI verbally agreed to review an initial set of documents, including communications with Congress and private companies, before deciding on the full request.

• On October 2, 2009, we asked for certain communications between USTR and members of Congress.
  

  -------- Forwarded Message --------
  From: James Love
  To: Jacqueline B. Caldwell
  Subject: FOIA Request
  Date: Fri, 02 Oct 2009 14:40:28 -0400

  Jacqueline B. Caldwell
  USTR FOIA Officer

  Dear FOIA Officer

  KEI requests under the freedom of information act, copies of all communications with members of the U.S. Congress or their staff, on the topic of intellectual property rights or the pricing of pharmaceutical or biologic drugs, vaccines, or medical devices. This includes, for example, copies of letters received by USTR or letter sent to Members of Congress or their staff, as well as email messages, or briefings or testimony that have been prepared for the Congress, on these topics.

  The period of the request is for January 1, 2009, until October 2, 2009.

  I intend to use this information in an article I am writing for the Huffington Post, as well as for a chapter in a book that I am writing, and in an article that will be submitted to a law review.

  KEI is a non-profit organization. I request a waiver of fees.

  I am assuming the USTR keeps fairly good files on its communications with members of Congress. I am willing to discuss narrowing this request, if there is a good reason to do so.

  Sincerely,

  James Love
  Knowledge Ecology International

• On October 14, KEI requested documents relating to the USTR its review of transparency policies.
  

  -------- Forwarded Message --------
  From: James Love
  To: Jacqueline B. Caldwell
  Subject: FOIA, regarding USTR polices on transparency
  Date: Wed, 14 Oct 2009 07:13:09 -0400

  United States Trade Representative
  1724 F Street, N.W., Room 514
  Washington, D.C. 20508

  FOIA Officer

  Dear Jacqueline B. Caldwell,

  KEI requests all records at USTR on the topic of the policy and practice of USTR regard the transparency of trade negotiations, including but not limited to the Anti-Counterfeiting Trade Agreement (ACTA).

  The period for this request is from January 1, 2009 to the present.

  KEI intends to use this information to evaluate the degree to which the USTR is providing the public timely and relevant information about important norm setting activities in the area of intellectual property right rules and practices. We expect to publish and share information from the FOIA request on the KEI web page and also write about these issues in the Huffington Post, in academic articles and in other fora, and to send news releases to journalists and Internet listserves to further disseminate information. KEI is a non-commercial entity that will not benefit commercially from this request, and requests a waiver of fees.

  Among the documents that are expected to be relevant to this request are the communications within USTR and between USTR and other federal agencies, the White House and the Congress, and between USTR and the private sector, on the policies regarding transparency of trade negotiations.

  This would of course include but not be limited to all discussions of the use of non disclosure agreements to allow selected persons to see versions of documents for the ACTA negotiations, including the determinations of who would be offered access to documents under the NDA, and who would not be offered access to the documents.

  Sincerely,

  James Love