EPIC Pursues Release of Location Tracking Orders

December 17, 2019

EPIC has moved for summary judgment in EPIC v. DOJ, concerning law enforcement's collection of cell site location data through "§ 2703(d) orders." In Carpenter v. United States, the Supreme Court ruled that these searches were unconstitutional. EPIC filed multiple Freedom of Information Act requests to obtain the government orders issued between 2016 and 2019. However, the DOJ claimed that it "does not track" the information EPIC sought and refused to search for records. EPIC explained to the Court that the DOJ has not satisfied its obligations under the FOIA. EPIC also charged that the agency has engaged in "an unlawful pattern and practice" of refusing to search files even when it could do so. EPIC stated that "This unlawful agency practice impacts EPIC and all other requesters who would seek disclosure of records" at the Department of Justice. The case is EPIC v. DOJ, No, 18-1814 (D.D.C.).

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