University of Michigan Law School
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Case Name Electronic Frontier Foundation v. Department of Justice NS-DC-0094
Docket / Court 1:07-cv-01732-RBW ( D.D.C. )
State/Territory District of Columbia
Case Type(s) National Security
Case Summary
On September 27, 2007, Electronic Frontier Foundation filed in the U.S. District Court for the District of Columbia against Department of Justice (DOJ) under the Freedom of Information Act (FOIA). The plaintiff alleged that the DOJ had wrongfully withheld the requested records from the plaintiff ... read more >
On September 27, 2007, Electronic Frontier Foundation filed in the U.S. District Court for the District of Columbia against Department of Justice (DOJ) under the Freedom of Information Act (FOIA). The plaintiff alleged that the DOJ had wrongfully withheld the requested records from the plaintiff.

According to the complaint, on February 6, 2006, there was widespread media reporting that the National Security Agency had secured the cooperation of large telecommunications companies in its efforts to eavesdrop without warrants on international calls by suspected terrorists.

On August 5, 2007, President Bush signed into law the Protect America Act of 2007, legislation that amended the Foreign Intelligence Surveillance Act (FISA) to expand the government's power to intercept overseas communications of Americans without warrants.

In reaction to FISA, on August 16, 2007, plaintiffs requested all records from December 2005 to August 16, 2007 concerning briefings, discussions, or other exchanges that Justice Department officials have had concerning with representatives of telecommunications companies, offices of members of the Senate or House of Representatives. By letter dated August 27, 2007, the DOJ Office of lnformation and Privacy acknowledged receipt of Plaintiffs FOIA requests and informed Plaintiff that its requests for expedited processing had been granted. However, DOJ has neither completed the processing of Plaintiffs requests, nor informed Plaintiff of an anticipated date for the completion of the processing of the requests.

The case was assigned to Judge Reggie Walton. On December 4, 2009, the parties reported that they were engaging in settlement discussions. On February 1, 2010, the plaintiff, with the concurrence of the defendant, voluntarily dismissed the case.

The case is closed.

Ginny Lee - 02/10/2017


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Issues and Causes of Action
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Issues
General
Confidentiality
Records Disclosure
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) Department of Justice
Plaintiff Description Plaintiff Electronic Frontier Foundation ("EFF") is a not-for-profit corporation that works to inform policymakers and the general public about civil liberties issues related to technology, and to act as a defender of those liberties.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Filing Year 2007
Case Ongoing No
Docket(s)
1:07-cv-01732-RBW (D.D.C.)
NS-DC-0094-9000.pdf | Detail
Date: 02/01/2010
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive Relief [ECF# 1]
NS-DC-0094-0001.pdf | Detail
Date: 09/27/2007
Source: PACER [Public Access to Court Electronic Records]
Judges Walton, Reggie B. (FISC, D.D.C.)
NS-DC-0094-9000
Plaintiff's Lawyers Hofmann, Marcia (California)
NS-DC-0094-0001 | NS-DC-0094-9000
Sobel, David L. (District of Columbia)
NS-DC-0094-0001 | NS-DC-0094-9000
Defendant's Lawyers Berman, Marcia (District of Columbia)
NS-DC-0094-9000
Warden, Andrew Irwin (District of Columbia)
NS-DC-0094-9000

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