EPIC has opposed the Department of Justice's reliance on secret legal authority in a Freedom of Information Act lawsuit. In EPIC v. DOJ et. al, EPIC is seeking information about government surveillance of individuals who have exercised their First Amendment rights and expressed interest in WikiLeaks, an Internet-based media organization. The Department of Justice has withheld from disclosure certain information responsive to the EPIC request but will not reveal the legal basis for its decision. In opposing the government filing, EPIC said that secret law "poses unique concerns to democratic governance and undermines the purpose of the FOIA." For more information, see EPIC: EPIC v. DOJ (Wikileaks) and EPIC: Open Government.
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by Ryan Calo, A. Michael Froomkin,