The Government is Not a Software Company: Lessons Learned from the Sunsetting of FOIAOnline

A proposal to revive FOIAOnline, a government-sponsored software solution for handling Freedom of Information Act (FOIA) requests, has sparked interest and debate within the FOIA community. While the concept of a centralized system to address the specific needs of the public sector seems promising, past experiences have revealed significant challenges and complexities. 

FOIAOnline, which was previously sponsored by the EPA, was decommissioned in 2023 after encountering numerous obstacles during its operation. One of the primary issues was its inability to effectively accommodate the diverse and ever-changing requirements of federal agencies while requiring ever-increasing IT resources to support it.  

The Government is Not a Software Company

FOIAOnline was envisioned as a central hub for processing FOIA requests across multiple federal agencies. However, it collapsed under the weight of overwhelming demand and an array of unique customization requests that federal IT engineers and their internal teams could not efficiently manage. The system became synonymous with backlogs and inefficiencies, serving as a stark reminder that good intentions in government digital initiatives must be matched with scalable and adaptable solutions. 

There is growing appreciation for the benefits of leveraging commercial solutions for FOIA processing. The right commercial solutions provide a flexible framework that can be tailored to the specific operational needs of each agency while offering cost-effectiveness. By adopting commercial solutions, agencies can focus on their core missions without the burden of developing and maintaining custom software solutions. 

A One-Solution-Fits-All Approach Doesn’t Work in Federal

Each federal agency operates independently, with a unique mission that results in a wide array of types of information and internal processes. This decentralized structure, while essential for agency specialization and efficiency, poses significant challenges when attempting to standardize FOIA processes across the federal government. 

The failure of FOIAOnline highlights the intricate nature of government operations and the limitations of a one-size-fits-all approach to digital transformation. Unlike some states and smaller governments that have successfully implemented centralized systems for handling public records requests, the scale and complexity of requests at the federal level are unparalleled.  

With over a million Freedom of Information Act (FOIA) requests annually, each federal agency must navigate a labyrinth of bureaucratic intricacies and comply with specific agency requirements. 

The sheer volume and diversity of FOIA demands, coupled with the unique characteristics of federal agencies, make it challenging to develop a centralized solution that effectively addresses the needs of all stakeholders. 

Lessons from Global and State-Level Successes

Other nations and some U.S. states have implemented centralized systems to handle public records requests. These programs manage fewer requests, these smaller governments can operate under a uniform set of regulations, and their requests have less variation in the types of information handled. While these successes could be tempting examples for federal imitation; the scale and complexity of requests at the federal level are unparalleled and the lessons just don’t apply.  

There are two reasons the U.S. federal government and the Canadian federal government should not look to build a software solution for FOIA or ATIP:  

1. They simply face an extraordinary volume and diversity of FOIA and ATIP demands that can only be solved by innovative and agile public-private partnerships.  
2. They cannot integrate, partner, adapt, and innovate to keep up with increasing demands and changing technology.  

Why Commercial Solutions Are Preferable

The argument for a commercial solution lies in its adaptability and established effectiveness. Commercial solutions provide a backbone designed for general processes and case management that are then customizable to specific agency needs, like FOIA processing.  

Commercial solutions for FOIA offer the crucial ability to be tailored to the specific operational needs of each agency while also being at the forefront of new integrations and lowering IT and software engineering costs. Configurability allows agencies to maintain their unique workflows while benefiting from the efficiencies of modern digital solutions – like integrations with advanced AI tools and hybrid-work-enabling cloud solutions. 

Additionally, leveraging a private-sector solution means outsourcing the design, development, and customer support/help desk, freeing up engineering time, server space, and IT support needs.  

Moving Forward: A Path of Pragmatism and Flexibility

The path forward should not be about the federal government trying to be a software company but about it being a facilitative leader in technology adoption. By supporting agencies in selecting and implementing the best commercial solutions for their needs and ensuring these solutions meet high standards of interoperability and security, the government can enhance FOIA processes without imposing unmanageable burdens on its diverse agencies. 

As we continue to strive for a transparent and accessible government, let us choose a path informed by the lessons of the past, characterized by flexibility, and guided by the unique needs of our federal agencies. Only through such a tailored approach can we truly meet the public’s needs without letting history repeat itself.