Building open government

On his first full day in office, President Obama issued a Memorandum on Transparency and Open Government calling on his administration to develop recommendations that would “establish a system of transparency, public participation, and collaboration.” Together, the recommendations would be used to create an “Open Government Directive” instructing agencies to transform themselves to become more transparent, collaborative, and participatory. The President also issued a Memorandum on the Freedom of Information Act (FOIA). These statements did not spring ex nihilo from President Obama and his aides (or even from the army of organizations and individuals who advised them or submitted recommendations during the transition). They have a basis in extant law and regulation, and it this basis at which this article looks.