Axel Ebermann from the New York Coalition for Open Government and FOIA Friend co-creator Irvin McCullough presented on a joint webinar on FOIA and AI. The Washington, DC SPJ chapter sponsored the discussion and was hosted by freelance journalist and SPJ DC member James Mae.
Both Ebermann and McCullough agreed that journalists should use AI tools, like FOIA Friend, to research and craft their requests. They said these tools help ensure that requests are targeted and specific enough to help FOIA officers easily identify, find, and fulfill the request. They added that with this new efficacy comes a concern that bad actors could easily generate FOIA requests that flood the system and overwhelm government agencies. Ebermann said he has seen this tactic used in New York. In the end, he said, government officials in small towns or counties get frustrated with the flurry of requests and give up trying to fulfill them.
The conversation then turned to using AI in FOIA fulfillment. Ebermann pointed out that you can’t ask AI why or how it makes its decisions. Both Ebermann and McCullough called the whole AI process a “black box” that makes accountability difficult. Other concerns discussed were AI over- or under-redacting information, national security concerns, and the unknown of quickly evolving AI systems.
Both panelists agreed that AI can be a great tool to help streamline and quicken the FOIA process. However, they noted that both requesters and the government must use AI reasonably and be cautious of the system.