EPIC has appealed the ruling in EPIC v. CBP, case involving a controversial passenger screening program that combines detailed personal information with secret algorithms to assign "risk assessments" to travelers—including US citizens. EPIC sued the agency for information about the "Analytic Framework for Intelligence" under the Freedom of Information Act. As a consequence of the EPIC FOIA lawsuit, EPIC obtained important documents and prevailed in an earlier phase of the case. However, the federal court in Washington, DC declined last month to order the release of certain additional materials. EPIC is now asking the DC Circuit Court of Appeals to overrule the lower court's decision and compel the release of documents sought by EPIC.
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by Ryan Calo, A. Michael Froomkin,