EPIC filed a request with the FOIA Ombudsman challenging the Department of Defense's unlawful assertion that the DoD has the statutory authority to administratively withdraw a FOIA request without input or consultation from the FOIA requester. DoD made the assertion in response to a FOIA request EPIC had filed seeking documents detailing the agency's agreements with Project Vigilant, a private sector company that monitors Internet Service Providers and provides that information to federal agencies. The FOIA Ombudsman is authorized to review policies and procedures of administrative agencies, review compliance by administrative agencies, and recommend policy changes to Congress and the President. EPIC requested that the FOIA Ombudsman investigate DoD's policies and publish a report of its findings. For related information see Litigation Under the Federal Open Government Laws 2010 and EPIC: Open Government.
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