Homeland Security’s Failed Attempt to Pervert the Freedom of Information Act ProcessSubmitted by Bob-45 on Mon, 01/21/2013 - 03:39
Over a week ago, a federal judge ruled documents the Department of Homeland Security (DHS) was ordered to produce in a Freedom of Information Act (FOIA) lawsuit could not be subjected to a protective order.
The development has received minimal attention, but the case seems important, as the government sought to use an innovative tactic to provide documents it owed an organization while at the same time preventing the public from reading the documents. Had the judge allowed the protective order or “clawback,” it would have been a complete perversion of FOIA.
The Electronic Privacy Information Center (EPIC) submitted a FOIA request on July 26, 2011, for documents “regarding a joint National Security Agency (“NSA”) and Department of Homeland Security (“DHS”) pilot program, which has not been publicly named, designed to monitor all internet traffic routed to several defense contractors and attempts to detect whether there are malicious programs within this internet traffic designed to compromise the defense contractor security.”