10.1.27.a: Reverse FOIA: Shifting the Burden Under Exemption 4

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Abstract

Government contractors take elaborate internal measures to ensure protection of sensitive corporate business information, including overhead costs, indirect rates, technical and management information, such as providing this information with appropriate markings to the government when submitted as part of a proposal for a government contract. These same contractors are often surprised by the prospect that their confidential and sensitive business information may be disclosed by the government directly to competitors through the Freedom of Information Act ("FOIA"). 5 U.S.C. § 552. ...