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Montgomery et al. / Freedom of Information Act 12
sources of potential threats to the security of competitively valuable information. Not only may your company's data become available to a competitor through an FOIA request made by a competitor or some other agent (c.8., a business news reporter or a financial analyst), but it may easily be traceable in a published government report. The anticipatory defensive strategy and lactics discussed earlier are usually a small price to pay in order to avoid a future crisis.
• Second, be constantly aware that other companies are submitting similar reports to goverment agencies, and government personnel are compiling records on other companies just as they are on yours. How useful could this information be to your company if it could be obtained? Access to records filed by, or on, competitors is generally the easiest to obtain. The type and location of the record tend to be much less diiñcult to pinpoint, because the company is usually familiar with the agencies its industry deals with on a regular basis. However, it may be that information concerning actual or potential suppliers and end users is of at least equal importance. It tends to be more difficult to successfully access this information, since public-private interface mechanisms outside your industry may be imperfectly understood.
• Third, take steps to become more informed concerning both the types of information and specific information available as a result of the FOIA, the Government in the Sunshine Act, and state sunshine acis. A company's purview of the competitive and government environments may be substantially expanded with a relatively limited investment of time. Private Washington newsletters and daily. weekly, and monthly agency bulletins are useful guides to both policy and, even more important, policy making.
• Fourth, be particularly sensitive to the opportunities to open a window on govemment policy making. Because policies evolve over time rather than anise spontaneously, scan continuously rather than relying on sporadic a:tention to major policy pronouncements. In the public sector as well as the "rivate sector, what the entity has actually done in the past is usually a r::st reliable guide to future policy. Day-to-day operations tend to become policy. This window on goverment policy making should develop a general awareness as a basis for turning attention toward cues indicating opportunities to influence the govemment decision-making process.
• Fifth, middle-level working relationships with agency personnel may lead to a mutually beneficial exchange of knowledge with no risk of compromise on either side. Note that middle-level, rather than top-level relationships are stressed here. Administrations come and go, but civil servants remain and bridge the gaps. It is important that these relationships have their basis in the day-to-day operating decisions characteristic of the midlevel in both the public and private sectors. As noted in the founh poini,
Sloan Management Review / Winter 1978
the emphasis should be on the development of policy, not on policy pronouncements.
• Sixth, develop an awareness of the mechanics of using the FOIA. Although the amended Act has considerably reduced the bureaucratic difficulties, a little expen assistance such as that provided by the publications of the Project on National Security and Civil Libertiesto in Washington can be helpful. Some law firms, generally those based in Washington, have had extensive experience with the Act, and sometimes an FOIA service company can be of use. The FOIA Officer in each agency may also be able to help with many of the more mundane, mechanical aspects of a request. As a general rule, it appears to be useful to seek information aggressively and to be as specific as possible in making a request.
• Seventh, such a new tool in the scanning portfolio may have organizational implications. An internal information center, generally located in the office of the internal corporate allomey, should be set up to manage defensive strategy and tactics and to serve as an information resource for using the FOIA offensively. A second organizational implication is appro priate training of company personnel who have any interace with goverment personnel. Points one, four, and five above clearly indicate that successful exploitation of and defense against the FOIA require sensitive and educated employees.
• Finally, an awareness of the implications of the FOIA may trigger other scanning and interaction opportunities which may enrich the understanding and management of the public-private sector interface.
(1) Baumwoll. J. P. "Three Research Pitfalls Civil Liberoes and Freedom of Infor.
in Fighting FTC Complaints." Adrero onacion Clearinghouse. Washington, tising Age. July 11. 1977. p. 141.
DC. 19m. (2) Burk, C. G. "A Group Profile of the For. (6) Montgomery. D. B.. and Urban. G. tune Soo Chief Executives." Furtune.
"Marketing Decision Information Sys May 1976. p. 173.
tems: An Emerging View." Journal of (3) "Gillene: After the Diversification That Marketing Research. May 1970.
Failed." Business Week. February 28, (7) Schorr, B. "How Law Is Being used to 1971, p. 58.
Pry Secrets from Uncle Sam's Files.“ (4] Hershey, R. D. “Rummaging Through
Wall Street Journal. May 9, 1971.p.1. S.E.C.'s Secrets." New York Times, (8) " *Sunshine Aci' Gets Clouded Results.". May 12, 1977.
U.S. Nen's & World Report, July .. (5) Marwick. C. M., ed. Litigation under the
1977. p. 58. Amended Freedom of Information (9) Wood. R. D. "Paperwork. Paperwork." Act. Project on Nacional Security and Washington Post. July 12, 1976. p. 37.
1• See Marwick (5).
Yair Aharoni, Professor of Management, Tel-Aviv University. Dr. Aharoni holds the Ph.D. degree from Harvard Business School. He has taught at universities in the U.S., Europe, and Israel and has consulted for various organizations. His publications span all areas of management, and his work in international economic development is widely recognized.
Daniel J. Carrol, Jr., Material Distribution Manager, Western Electric Company. Mr. Carroll holds the B.S.E.E. and M.S.E.E. degrees from Newark College of Engineering and the S.M. degree from the Sloan School of Management at M.I.T. He has worked on numerous assignments in engineering and manufacturing at Westem Electric. He is a member of the National Society of Professional Engineers.
James W. Driscoll, Assistant Professor of Industrial Relations, Sloan School of Management, M.I.T. Dr. Driscoll holds the B.A. degree from Harvard College, the M.B.A. degree from Harvard Business School, and the Ph.D. degree from the New York State School of Industrial and Labor Relations, Cornell University. His consulting and research interests include the introduction of technology and the effectiveness of various incentive systems in labor-management relations.
Francine E. Gordon, General Manager, California Actors Theatre in Los Gatos. Dr. Gordon holds the A.B. degree from Vassar College and the M.A. and Ph.D. degrees from Yale University. She has been a lecturer and consultant on the integration of women into management and has written several articles on the subject.
Charles R. Greer, Assistant Professor of Management, Oklahoma State
, University. Dr. Greer holds the B.A. degree from Emporia State University, the M.S. degree from Wichita State University, and the M.B.A. and Ph.D. degrees from the University of Kansas. He is a member of the Industrial Relations Research Association, the Academy of Management, and the American Institute of Decision Sciences. His special interests include the legislative environment of labor and compliance with social legislation, and he is the author of several anicles on sunset legislation and the mcasurement of effectiveness.
Irwin W. Kabak, Professor of Operatio:s Research, Graduate School of Business Administration. New York University. Dr. Kabak holds thc B.A., M.S., and Ph.D. degrees from the Deparment of Industrial Engineering and Operations Research, New York University. He is a consultant in corporale development, and his work in the fields of modeling and applications of probability has been published by numerous professional associaStephen J. Kobrin, Ford International Assistant Professor, Sloan School of Management, M.I.T. Dr. Kobrin holds the B.Mgt. Eng. degree from Rensselaer Polytechnic Institute, the M.B.A. degree from the Wharton School, University of Pennsylvania, and the Ph.D. degree from the University of Michigan. A former brand manager for Procter & Gamble in the U.S. and Venezuela, he is the author of Foreign Direct Investment, Industrialization and Sucial Change (1977) and has recently been investigating the relationship between the political environment and foreign direct investment.
Henry C. Lucas, Jr., Associate Professor of Computer Applications and Information Systems, Schools of Business, New York University. Dr. Lucas holds the B.S. degree from Yale University and the S.M. and Ph.D. degrees from the Sloan School of Management at M.I.T. He is the author of several books and monographs, including Why Information Systems Fail (1975). His research interests include organizacional problems in the use of information systems and the evaluation of computer system performance.
Stanley A. Martin, Assistant Professor of Business Administration, University of Wyoming. Dr. Martin holds the B.S. degree from the University of Arkansas and the M.B.A. and Ph.D. degrees from the University of Kansas. He was formerly employed by Paine. Webber, Jackson, and Curtis, lac, and is presently a member of the American Financial Association and Financial Management Association. His interests include investments and commodity markets.
David B. Montgomery, Professor of Marketing and Management Science, Graduate School of Business, Stanford University. Dr. Montgomery holds the B.S.E.E., M.B.A., M.S., and Ph.D. degrees from Stanford University. He has published n merous books and anicles on marketing and management science, and is curteotly a consultant and lecturer on strategic mar. keting, marketing models, and decision support systems. He is also Director of Payless Super Drug Stores.
Anne H. Peters. Ms. Peters holds the B.S. degree from the University of Florida and the M.B.A. degree from the Stanford Graduate School of Business. She has worked as a biochemist and, more recently, as a consultant to the Federal Energy Agency and its precursors. She is the author of several articles on the public and private sector implications of solid waste management. Currently, she is a doctoral candidate in Organizational Behavior at Stanford.
Allen I. Schist, Assistant Professor of Accounting. Fordham University. Dr. Schiff holds the B.A., M.S., and Ph.D. degrees from New York Univer
sity. He is a member of Beta Gamma Sigma and the American Accounting
Myra H. Strober, Assistant Professor of Economics. Graduate School of Business, Stanford University. Dr. Strober holds the B.S. degree from Cornell University, the M.A. degree from Tufts University, and the Ph.D. degree from M.I.T. Her publications have focused on economic impacts of sex discrimination and occupational segregation, and most recently on the effect of wives' employment on family expenditure pattems. She is on the Board of Editors of Signs: Journal of Women in Culture and Society,
Charles B. Weinberg, Associate Professor of Marketing, Graduate School of Business, Stanford University. Dr. Weinberg holds the Sc.B. degree from Brown University, the M.B.A. degree from Harvard Business School, and the Ph.D. degree from Columbia University Graduate School of BusiDESS. He has consulted and taught in executive development programs both in the U.S. and in England. His many books and articles reflect his interest in marketing research and the application of management science and marketing to public sector management.
Mr. RADER. The second panel for the subcommittee today will respond to several of the points made by our first panel.
We have two of the leading attorneys who have represented requesters of information under the Freedom of Information ActNancy Duff Campbell and David Vladeck.
Nancy Duff Campbell is an attorney with the National Women's Law Center where she has had extensive experience with the Freedom of Information Act, particularly representing requesters of information.
She is a former law professor and author of "Reverse Freedom of Information Act Litigation; the Need for Congressional Action,” published in the Georgetown Law Review.
She also wrote “The Reverse Freedom of Information Act” chapters for both the 1980 and 1981 editions of litigation under the Federal Freedom of Information Act and Privacy Act.
David Vladeck is an attorney with the Public Citizen Litigation Group. He has also been director of the FOI Clearing House and has had much experience in litigating reverse-FOIA suits.
He was a graduate training fellow at Georgetown University.
We will hear first from Ms. Campbell. STATEMENT OF NANCY DUFF CAMPBELL, NATIONAL WOMEN'S
LAW CENTER, WASHINGTON, D.C. Ms. CAMPBELL. Thank you.