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.
You can search through all of EFF's FOIA documents using the FOIA Document Search Engine.
Do you have an idea for a FOIA request EFF should make? If so, send a message to foia@eff.org.
FOIA Topics
- FOIA: DOJ's Investigative Data WarehouseEFF seeks disclosure of FBI records about the scope and privacy implications of the Bureau’s Investigative Data Warehouse, a huge database that includes hundreds of millions of records containing personal information.
- FOIA: Automated Targeting System (ATS)In December 2006, EFF sued the Department of Homeland Security for information on the Automated Targeting System, an invasive data-mining system deployed on American travelers.
- FOIA: Intelligence Agencies' Misconduct ReportsEFF filed suit against the Central Intelligence Agency (CIA) and a half-dozen other federal agencies involved in intelligence gathering, demanding the immediate release of reports about potential misconduct.
- FOIA: FBI's Domestic Investigative Operational GuidelinesEFF filed suit against the Department of Justice, demanding the public release of the surveillance guidelines that govern the FBI's investigations of Americans.
- FOIA: Anti-Counterfeiting Trade Agreement (ACTA)EFF and Public Knowledge filed suit on September 17, 2008 against the Office of the United States Trade Representative (USTR), demanding information about a secret intellectual property enforcement treaty that the government has put on a fast track to completion.
- FOIA: DHS Passenger Data
- FOIA: Analysis, Dissemination, Visualization, Insight, and Semantic Enhancement (ADVISE)In 2007, EFF submitted a Freedom of Information Act request to the Department of Homeland Security for information about a trial-stage data mining program called Analysis, Dissemination, Visualization, Insight, and Semantic Enhancement (ADVISE).
- FOIA: Terrorist Screening Center Watch List MismatchesEFF has submitted FOIA requests for complaints from individuals who believe they've been wrongly included on the U.S. government's consolidated "terrorist watch list".
- FOIA: Computer Crime & Intellectual Property Section (CCIPS)EFF has submitted FOIA requests to the Department of Justice for details of their Computer Crimes and Intellectual Property Section.
- FOIA: Pen RegistersEFF has submitted several FOIA requests to try to document the frequency of "pen trap" or "trap and trace" electronic surveillance in recent years.
- FOIA: National Security Letters (NSLs)EFF seeks information about the DOD's and FBI's use of National Security Letters.
- FOIA: Border Searches 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: DCS-3000 and Red HookIn this lawsuit, EFF seeks details about the FBI's electronic surveillance tools.
- FOIA: Telecom Lobbying RecordsEFF 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: Personal Information Gathered on International Travelers
- FOIA: DOJ and Google
- FOIA: Department of Defense National Security Letters
- FOIA: Surveillance of Soldier Blogs
- FOIA: Foreign Intelligence Surveillance Court Orders
In The News
- WIRED NEWS | November 12, 2009 Bush Feared Successor Might Revoke Telco Spy Immunity
- WIRED NEWS | November 12, 2009 Help Threat Level Examine Federal Spy Documents
- POLITICO | October 16, 2009 White House readies phone-tap case concession
Other Resources
- Interim Report on the Automated Targeting System: Documents Released through EFF’s FOIA Efforts
- Report on the Improper Use of an NSL to NC State University
- The Freedom of Information Act[law.cornell.edu]
- Freedom of Information Act Legislative History[gwu.edu]
- Citizens' Guide on Using the Freedom of Information Act and Privacy Act of 1974[fas.org]
- Department of Justice FOIA Reference Materials[usdoj.gov]
- Federation of American Scientists Project on Government Secrecy[fas.org]
- National Security Archive[gwu.edu]
- OpenTheGovernment.org[openthegovernment.org]
Deeplinks Posts
- November 09, 2009 Big Win in Telecom Lobbying Documents Battle - Government to Turn Over Some Records This Week
- October 21, 2009 Ninth Circuit Grants Stay in EFF Case Seeking Telecom Lobbying Documents
- October 15, 2009 UPDATED: Once Again, Government Moves to Delay Release of Telecom Lobbying Documents
Press Releases
- November 12, 2009 EFF Obtains Records from Behind-the-Scenes Negotiations on Telecom Immunity
- September 24, 2009 EFF Wins Release of Telecom Lobbying Records
- July 22, 2009 EFF Demands Intelligence Agencies' Reports About Possible Misconduct
Documents and Files
- January 21, 2009
Obama Administraton's Memo on Government Transparency[PDF, 41.34 KB] Issued to heads of federal government executive departments and agencies on Obama's first day in office.
- January 21, 2009
Obama Administraton's Memo on Government Transparency[PDF, 41.34 KB]


