Facebook Tells 1st Circ. To Reverse FTC Doc Release Order

Law360 (April 12, 2021, 9:20 PM EDT) -- Facebook has urged the First Circuit to reverse an order requiring the Federal Trade Commission to respond to a Freedom of Information Act request for documents related to a $5 billion settlement with Facebook, saying dissenting comments from two FTC commissioners are not "official" disclosures triggering the official-acknowledgment doctrine.

The doctrine is a three-prong test courts use to determine if a government agency or official waived a FOIA exemption by publicly discussing previously undisclosed information. But the dissenting comments — which complained that CEO Mark Zuckerberg should have faced some liability — do not require the FTC to release any documents withheld...

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