FOIA Litigation for Accountable Government

EFF's FOIA Litigation for Accountable Government (FLAG) Project aims to expose the government's expanding use of new technologies that invade Americans' privacy. Through Freedom of Information Act (FOIA) requests, the project helps to protect individual liberties and hold the government accountable.

National security and law enforcement demand some level of government secrecy, but too much secrecy enables abuses of power. The Justice Department's cell phone tracking without probable cause, the NSA's illegal spying program, and other recent privacy-invasive initiatives make this clear.

While radically enhancing its technological ability to monitor lawful activity and the details of our lives, the government has also actively attempted to limit public scrutiny in recent years. As one study found in 2005, government secrecy "continues to expand across a broad spectrum of activities, including the courts, new private inventions, and the scientific and technical advice the government receives."

The public deserves to know what the government is doing, so that it can keep abuses of power in check and challenge violations of privacy. To those ends, EFF submits requests under the Freedom of Information Act, a statute that forces the government to disclose details about its activities. Our requests focus on government collection and use of information about Americans, the increasing cooperation between the government and the private sector, and federal agencies' development and use of new information technologies. EFF makes this information available to the public, the media, and policymakers. EFF also strategically files FOIA lawsuits against government agencies to develop existing case law that will benefit all FOIA requesters.

Do you have an idea for a FOIA request EFF should make? If so, send a message to foia@eff.org.

FOIA Litigation for Accountable Government Cases

  • FOIA Litigation: Border Searches
    Asian Law Caucus v. Department of Homeland Security, Civil Action No. 08-842 (N.D. Cal. filed Feb. 7, 2008). EFF and the Asian Law Caucus have sued the Department of Homeland Security for denying access to records about the questioning and searches of travelers at U.S. borders.
  • FOIA Litigation: DOJ and Google
    Electronic Frontier Foundation v. Department of Justice, Civil Action No. 08-327 JR (D.D.C. filed Feb. 26, 2008). EFF sued the Department of Justice for information about communications between the agency's former top privacy official and Google, the official's current employer.
  • FOIA Litigation: Personal Information Gathered on International Travelers
    EFF has filed suit on behalf of a member of the European Parliament, demanding that the U.S. government release records about her "risk assessment" score and other information gathered about her during her international travels. The lawsuit came just days after the disclosure that the U.S. and the European Union may soon finalize an agreement authorizing the transatlantic exchange of large amounts of personal data.
  • EFF and Public Knowledge v. USTR
  • FOIA: Telecom Lobbying Records
    EFF has filed lawsuits against the Office of the Director of National Intelligence and the Department of Justice demanding information about telecommunications carriers' efforts to get off the hook for their role in the government's illegal electronic surveillance of millions of ordinary Americans.
  • FOIA Project: Department of Defense National Security Letters
    EFF submitted FOIA requests to several agencies seeking records about the military's use of financial and credit records about hundreds of people, including Americans.
  • FOIA Litigation: Abuse of National Security Letters (NSLs)
    Electronic Frontier Foundation v. Department of Justice, Civil Action No. 07-656 JDB (D.D.C. filed April 10, 2007). EFF seeks information about the FBI's widespread misuse of National Security Letters.
  • FOIA Litigation: Surveillance of Soldier Blogs
    Electronic Frontier Foundation v. Department of Defense, Civil Action No. 07-0216 EGS (D.D.C. filed January 31, 2007). In this case, EFF sought information concerning the Pentagon's monitoring of military websites, including soldiers' blogs.
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