A federal judge has vacated provisions in a prior order that would have limited the ability of FOIA requesters to disseminate information to the public. EPIC filed a Freedom of Information Act lawsuit against the Department of Homeland Security after the agency failed to respond to a request for documents about a plan to monitor internet traffic. In arguments before the court, the Department of Justice contended that EPIC should agree to a protective order that would prevent EPIC from disclosing documents obtained in the case. EPIC challenged this argument, stating that it was contrary to FOIA law and that the use of protective orders in FOIA cases would make it more difficult for the public to obtain information about government activities. Judge Kessler agreed with EPIC and discarded the protective order requirement. She also chastised the agency for its repeated delays in processing EPIC's FOIA request. The case is EPIC v. DHS, 12-333. For more information see: EPIC v. DHS - Defense Contractor Monitoring.
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Communications Law and Policy
Jerry Kang and Alan Butler