Focusing public attention on emerging privacy and civil liberties issues

Open Government

Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both. -- James Madison

EPIC's FOIA Docket

Scanned Images of Selected Documents Obtained Under FOIA

EPIC's FOIA Gallery

Inspector General Directory/Homepages

Top News

  • Supreme Court to Review Freedom of Information Act Case Exempting Agency Documents from Public Disclosure: Today, the Supreme Court agreed to hear Milner v. Department of the Navy a case in which a federal appeals court allowed the Navy to withhold records sought under the Freedom of Information Act. At issue in the case is the scope of Exemption 2 of the FOIA, which permits agencies, in some circumstances, to withhold information requested pursuant to FOIA. The exemption at issue exempts information “related solely to the internal personnel rules and practices of an agency.” Writing in dissent, Judge Fletcher said that the FOIA exemptions "must be narrowly construed." For more information see EPIC: Open Government; EPIC FOIA Manual. (Jun. 28, 2010)
  • FOIA Update - EPIC Forces Disclosure of Report on Obama Passport Breach : EPIC's Freedom of Information Act lawsuit against the State Department, EPIC v. State, has produced a report detailing security breaches of passport data for several Presidential candidates. Federal investigators prepared the report in the wake of March 2008 breaches that exposed Barack Obama, Hillary Clinton, and John McCain's personal information. Previously secret sections state "the Department was ineffective at detecting possible incidents of unauthorized access," and criticized the agency's failure to "provide adequate control or oversight." Portions of the report remain secret - the agency hasn't fully implemented investigators' recommendations. EPIC testified before the Senate in 2008 concerning the security breaches, urging lawmakers to limit employee and contractor access to personal data. For more, see EPIC Passport Privacy and EPIC Open Government. (Jun. 23, 2010)
  • EPIC v. Homeland Security: Government has Over 2,000 Photos from Airport Body Scanners: As a result of a Freedom of Information Act lawsuit, EPIC has obtained hundreds of pages of documents from the Department of Homeland Security about the plan to deploy full body scanners in US airports. A letter to EPIC reveals that the government agency possesses about 2,000 body scanner photos from devices that the DHS said earlier "could not store or record images." EPIC has also obtained the most recent device procurement specifications, and several hundred new pages of traveler complaints. For more information, see EPIC: Whole Body Imaging and EPIC: EPIC v. Department of Homeland Security.  (Apr. 16, 2010)
  • Congressional Leaders Press Obama on Privacy Board: Chairman Bennie Thompson and twenty members of the House of Representatives sent a letter to President Obama seeking the immediate nomination of members to the Privacy and Civil Liberties Oversight Board. The Privacy Board was active during the Bush Administration, but the Obama administration has moved slowly to reconstitute the advisory body. No hearings have been held and no reports have been issued. The board is intended to provide advice on the civil liberty implications of programs that effect the rights of citizens, such as the use of Whole Body Scanners by the TSA, biometic identifiers, and cyber security policy. (Mar. 30, 2010)
  • Senators Leahy and Cornyn Introduce Bill to Reduce FOIA Delays: Senators Patrick Leahy and John Cornyn introduced the Faster FOIA Act, which would establish a panel to examine agency backlogs in processing FOIA requests. Government reports reveal substantial agency delays in disclosing FOIA records. The bill comes at the beginning of Sunshine Week, a national observance of the importance of open government. EPIC makes frequent use of the FOIA to obtain information about privacy issues. EPIC celebrated Sunshine Week by publishing the EPIC FOIA Gallery: 2010. For more, see EPIC: Open Government and EPIC Bookstore: FOIA. (Mar. 16, 2010)
  • EPIC Publishes 2010 FOIA Gallery: In celebration of Sunshine Week, EPIC published the EPIC FOIA Gallery: 2010. The gallery highlights key documents obtained by EPIC in the past year, including records detailing the privacy risks posed by airport body scanners, fraudulent "parental control" software, and federal agencies' contracts with social networking web sites. EPIC regularly files Freedom of Information Act requests and pursues lawsuits to force disclosure of critical documents that impact privacy. EPIC also publishes the authoritative FOIA litigation manual. For more, see EPIC Open Government and EPIC Bookstore: FOIA. (Mar. 16, 2010)
  • Independent Open Government Audit Finds Mixed Results for Obama Administration: The National Security Archive at George Washington University has released the results of its annual government-wide FOIA audit. The audit tested agency responsiveness to President Obama's new directives on government transparency and openness. The Archive report concluded that less than half of federal agencies have responded to the new open government directives with concrete changes, and only four agencies "show both increases in releases and decreases in denials under the FOIA." Attorney General Eric Holder spoke today about the administration's FOIA record. For more information, see EPIC Open Government. (Mar. 15, 2010)
  • UPDATE - EPIC Sues Dept. of Homeland Security, Demands Additional Documents About Airport Body Scanners: EPIC has filed a second FOIA lawsuit, demanding the release of the full resolution images captured by airport "digital strip search" machines. EPIC's suit against the Department of Homeland Security also seeks records detailing air traveler complaints and security breaches that may have exposed data to unauthorized individuals. The TSA  has called for mandatory use of the body scanners in all US airports. A prior EPIC lawsuit forced the disclosure of documents that reveal that TSA officials can disable privacy filters and export raw image files. For more information, see EPIC Whole Body Imaging Technology and EPIC Open Government. (Jan. 13, 2010)
  • UPDATE - EPIC Posts TSA Documents on Body Scanners: EPIC has posted more than 250 pages of documents it obtained in  a Freedom of Information Act lawsuit concerning body scanners. The documents, released by the Department of Homeland Security, reveal that Whole Body Imaging machines can record, store, and transmit digital strip search images of Americans. This contradicts assurances made by the TSA. The documents include TSA Procurement Specifications, TSA Operational Requirements, TSA contract with L3, TSA contract with Rapiscan (1), and TSA contract with Rapiscan (2). The DHS has withheld other documents that EPIC is seeking. For more information, see EPIC: Whole Body Imaging Technology and EPIC: Open Government. (Jan. 11, 2010)
  • President Obama Issues Order Regarding Classification Practices: President Obama has issued a new executive order regarding Classified National Security Information. President Obama's classified information order establishes a National Declassification Center to streamline the declassification process and sets timetables for declassification. The order states that "No information may remain classified indefinitely." The order also reverses an order by President George W. Bush that had allowed the intelligence community to block the release of a specific document, even if an interagency panel decided the information wouldn't harm national security. The new order prohibits agencies from classifying documents after the fact and also prohibits the withholding of documents that were created by one agency but are being held by another, which should assist EPIC's pending Freedom of Information Act request to the National Security Agency regarding NSPD 54, a classified Directive that describes a NSA program to monitor American computer networks. EPIC's request was previously denied by the NSA because NSPD 54 “did not originate with” the NSA. For more information see EPIC: Open Government. (Dec. 29, 2009)
  • EPIC Publishes Open Government Litigation Manual. Today, EPIC published the 2008 edition of "Litigation Under the Federal Open Government Laws." It is the most comprehensive, authoritative discussion of the federal open access laws. The 24th edition of this standard reference work features updated content and a foreword by Senator Patrick Leahy, co-sponsor of the OPEN Government Act of 2007. The book contains the texts of the US open government laws, including the Freedom of Information Act, the Privacy Act, the Government in the Sunshine Act, and the Federal Advisory Committee Act. Today's publication date celebrates International Right to Know Day, which was established to raise awareness of every individual's right of access to government-held information. For more, see EPIC's 2008 FOIA Litigation Manual. (September 26, 2008)
  • Supreme Court Rejects Limits on FOIA Requests. In a unanimous decision, the US Supreme Court upheld the right of individuals to request documents under the Freedom of Information Act, even if similar documents were previously requested by others. The Court rejected the Federal Aviation Administration's contention that it may ignore requests if the agency previously received identical requests from different requesters. The Court also rejected the agency's "virtual representation" claim, that a FOIA requester can be "virtually represented" by a previous requester who sought similar records. The Court based its decision on America's "deep-rooted historic tradition that everyone should have his own day in court." For more information, see EPIC's FOIA Litigation Manual and FOIA Litigation Docket. (June 13, 2008)
  • EPIC Prevails in Virginia Fusion Center FOIA Case. Yesterday, Richmond General District Court held that EPIC "substantially prevailed" on the merits of its freedom of information lawsuit against the Virginia State Police. EPIC filed the case after the State Police refused to disclose documents describing the federal government's involvement in efforts to limit Virginia's transparency and privacy laws. Through the litigation, EPIC uncovered a secret contract between the State Police and the FBI that limits the rights of Virginia citizens to learn what information the State Police collect about them. The court's letter opinion requires the State Police to pay EPIC's litigation costs, but not its attorneys' fees. For more information, see EPIC's web page EPIC v. Virginia Department of State Police: Fusion Center Secrecy Bill. For more information about fusion centers, see EPIC's Fusion Center Page (May 9, 2008)
  • EPIC Seeks Documents About Federal Role in Effort to Limit Accountability of State "Fusion Centers". EPIC filed a Freedom of Information Act request (pdf) with the Virginia State Police today. EPIC's request seeks documents about a plan that would shroud the Virginia Fusion Center, a database that collects detailed information on ordinary citizens, in secrecy. The Virginia legislature is considering a bill that would limit Virginia's open government and privacy statutes, as well as Virginia's common law right of privacy, for Virginia agencies connected to the Fusion Center. Press Groups have criticized the proposed law, and warned that, if passed, Virginia citizens can "say hello to Big Brother." EPIC's FOIA request focuses on the possible role of the US Department of Justice and the US Department of Homeland Security in the development of the Virginia legislation. For more information, see EPIC's page Information Fusion Centers and Privacy. (Feb. 12)
  • President Bush Signs into Law OPEN Government Act. On Monday, December 31, 2007, the President signed into law S. 2488, the Openness Promotes Effectiveness in our National Government Act of 2007, which amends the Freedom of Information Act (FOIA) by: (1) establishing a definition of "a representative of the news media;" (2) directing that required attorney fees be paid from an agency's own appropriation rather than from the Judgment Fund; (3) prohibiting an agency from assessing certain fees if it fails to comply with FOIA deadlines; and (4) establishing an Office of Government Information Services in the National Archives and Records Administration to review agency compliance with FOIA. Senator Patrick Leahy (D-VT) led the effort in Congress to enact the new open government law with the support of the Open the Government coalition. EPIC publishes Litigation Under the Federal Open Government Laws. (December 31, 2007)
  • Congress Passes OPEN Government Act. Congress has passed legislation that would amend the Freedom of Information Act for the first time in a decade. The OPEN Government Act would impose meaningful deadlines on agencies handling information requests, establish a FOIA hotline, bring government records held by private contractors into full public view, create a FOIA Ombudsman, and allow agencies to waive FOIA fees for freelance journalists and bloggers. The bill also reverses a presumption against disclosure that was created by an order of former Attorney General John Ashcroft. Senator Patrick Leahy led the efforts to enact the new open government law. For more information, see EPIC's FOIA Notes and Litigation Under the Federal Open Government Laws. (December 19, 2007)
  • FTC Chair Dismisses Recusal Petition in Jones Day-Doubleclick Conflict of Interest Case, EPIC Files Expedited Open Government Request. FTC Chairman Deborah Majoras has refused to step down in the Commission's review of the Google-Doubleclick merger even though it was revealed this week that her husband's law firm is representing Doubleclick. EPIC and the Center for Digital Democracy have issued a statement. EPIC has also submitted a detailed Freedom of Information Act request seeking the expedited release of all documents concerning the participation of Jones Day in the Commission's review of Doubleclick as well as other matters involving consumer privacy. (December 15, 2007)
  • EPIC Publishes 2006 FOIA Manual. Litigation Under the Federal Open Government Laws, published by EPIC in cooperation with Access Reports and the James Madison Project, is a comprehensive guide to FOIA and open government, essential for anyone interested in open access laws. The book draws upon the expertise of practicing attorneys who are recognized experts in the field. The twenty-third edition includes a new chapter on searching for records, international open government resources, a glossary of key terms, and is updated with new significant cases. (October 4, 2007)
  • EPIC Introduces 2006 FOIA Gallery. In celebration of Freedom of Information Day, EPIC is proud to introduce its 2006 FOIA Gallery, which contains highlights and scanned images of some of EPIC's most interesting FOIA disclosures from the past year. For more information about the Freedom of Information Act, see EPIC's Open Government page. (March 16, 2006)
  • Open Government Advocates Honored. EPIC General Counsel David Sobel and Advisory Board member David Burnham are among the twenty-one individuals to be inducted today into the National FOIA Hall of Fame. Inductees are chosen for their "unique roles in helping to establish, defend, and utilize the legal basis for the right to know." (March 16, 2006)
  • EPIC, Archive File Brief Supporting Release of Abu Ghraib Photos. EPIC and the National Security Archive have filed an amicus brief (pdf) urging an appeals court to permit the disclosure of photos and digital movies showing American troops abusing detainees at Abu Ghraib prison in Iraq. The Pentagon has refused to release the information to the ACLU under the Freedom of Information Act, claiming that it would "endanger the life or physical safety" of U.S. soldiers in Iraq. EPIC and the Archive argue that the government is turning FOIA on its head by claiming that information likely to expose government misconduct should be withheld to prevent public outrage. (March 13, 2006)
  • Court Orders Justice Department to Release NSA Surveillance Documents in EPIC Lawsuit. In response to a Freedom of Information Act lawsuit (pdf) filed by EPIC, a federal judge has ordered (pdf) the Department of Justice to process and release documents related to the Bush Administration's warrantless surveillance program by March 8. It is the first court opinion addressing the controversial domestic spying operation. "President Bush has invited meaningful debate about the warrantless surveillance program," U.S. District Judge Henry H. Kennedy wrote. "That can only occur if DOJ processes [EPIC's] FOIA requests in a timely fashion and releases the information sought." For more information, see EPIC's press release and Domestic Surveillance FOIA page. (February 16, 2006)
  • EPIC Files Second Lawsuit for NSA Surveillance Documents. In a Freedom of Information Act complaint (pdf) filed today in federal court, EPIC is seeking the release of National Security Agency documents detailing the Administration's warrantless domestic surveillance program. EPIC filed a similar lawsuit (pdf) last month against the Department of Justice, which has played a key role in authorizing, implementing and overseeing the NSA's warrantless surveillance activities. A hearing in that case is scheduled for February 10. For more information, see EPIC's Domestic Surveillance FOIA page. (February 6, 2006)
  • EPIC Sues Justice Department for Domestic Surveillance Documents. Today EPIC filed a Freedom of Information Act lawsuit (pdf) against the Department of Justice, asking a federal court to order the disclosure of information about the Administration's warrantless domestic surveillance program within 20 days. The Justice Department has played a key role in authorizing, implementing and overseeing the National Security Agency's domestic surveillance activities. EPIC argues in its court papers (pdf) that the debate surrounding the program "cannot be based solely upon information that the Administration voluntarily chooses to disseminate." For more information, see EPIC's press release and Domestic Surveillance FOIA page. (January 19, 2006)
  • EPIC Sues Justice Department for Misconduct Reports. EPIC filed suit (pdf) in federal court yesterday against the Department of Justice for reports of possible misconduct submitted by the FBI to the Intelligence Oversight Board. EPIC is also seeking documents from the Attorney General about possible misconduct within the intelligence community. Judge Colleen Kollar-Kotelly, the head of the Foreign Intelligence Surveillance Court, has been assigned to the case. EPIC has already obtained about twenty reports to the Intelligence Oversight Board through another Freedom of Information Act lawsuit that raise questions about compliance with federal law. For more information, see EPIC's Patriot Act FOIA page. (January 11, 2006)
  • EPIC Introduces EPIC FOIA Notes, 2005 FOIA Gallery. In celebration of Freedom of Information Day, EPIC has launched EPIC FOIA Notes, a newsletter that will deliver the latest revelations EPIC obtains through the FOIA. You can view the first EPIC FOIA Note-which reports formerly classified documents showing that Choicepoint assured the FBI it could verify legitimate businesses-and subscribe to the newsletter here. EPIC is also proud to introduce its 2005 FOIA Gallery, which contains highlights and scanned images of some of EPIC's FOIA disclosures from the past year. (March 16, 2005)
  • Senators Propose Bipartisan Bill to Study FOIA Processing Delays. Senators John Cornyn (R-TX) and Patrick Leahy (D-VT) have introduced the Faster FOIA Act, legislation that will create a sixteen-member advisory commission tasked with suggesting ways to decrease delays in the processing of Freedom of Information Act requests. The bill is the second proposed by the Senators in three weeks to improve the Freedom of Information Act. The Senate Judiciary Committee's Subcommittee on Terrorism, Technology and Homeland Security will hold a hearing on the OPEN Government Act on March 15. (March 11, 2005)
  • Bipartisan Bill Introduced to Enhance Open Government. Senators John Cornyn (R-TX) and Pat Leahy (D-VT) have introduced the OPEN Government Act, a bill that will improve government accountability by strengthening federal laws such as the Freedom of Information Act. EPIC is among the many groups supporting this legislation to encourage access to the federal government. (February 16, 2005)

Legal Documents on FOIA and Access to Government Information

Guides to Using FOIA

Other Open Government Resources

Suggestions

If you have suggestions for a FOIA request that EPIC should pursue, send us a message. Indicate the information you think we should ask for, the reason that the request is important, and the name of the federal agency (or agencies) most likely to have the documents. Anonymous suggestions are always welcome.