Washington, D.C. - The Electronic Frontier Foundation (EFF) filed
suit today against the Department of Justice (DOJ), demanding records
on three controversial PATRIOT Act surveillance provisions that expire
early next year unless Congress renews them.
EFF is seeking the immediate release of Federal Bureau of
Investigation (FBI) reports on the provisions' effectiveness,
lawfulness, and potential misuse in a lawsuit filed under the Freedom
of Information Act (FOIA). These controversial PATRIOT provisions give
the FBI expanded powers to seize electronic records and property and to
wiretap phone conversations, and are set to expire in February of 2011.
Congress will likely begin debate on potentially reauthorizing the
provisions before the end of the year.
"The PATRIOT Act provisions have faced criticism from both Congress
and the general public for the lack of privacy safeguards for ordinary
Americans who might mistakenly be caught in overbroad FBI
surveillance," said EFF Senior Counsel David Sobel. "The records we are
seeking here -- how well the law works, and how it may have been
misused -- should be an integral part of the decisions made on how to
reform the law."
EFF filed its FOIA request with the DOJ in September of 2009, when
initial discussions about reauthorization were beginning in Congress.
The FBI initially approved EFF's request for expedited processing, but
has not yet disclosed any records. EFF filed its lawsuit today in order
to ensure the information is released in time to inform the upcoming
congressional debate.
"If the FBI continues to withhold these records, Americans won't
have the information they need to make important decisions about
reforming the PATRIOT Act," said Sobel. "The DOJ needs to follow the
law and release its reports to the public."
View the full complaint.
Electronic Frontier Foundation