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Electronic Frontier Foundation v. Department of Justice

Memorandum in opposition to re MOTION for Summary Judgment

74 Cited authorities

  1. U.S. Dept. of Justice v. Reporters Committee

    489 U.S. 749 (1989)   Cited 1,919 times   1 Legal Analyses
    Holding that disclosure of "[o]fficial information that sheds light on an agency's performance of its statutory duties falls squarely within [FOIA's] statutory purpose"

  2. Department of Interior v. Klamath Water Users Prot. A.

    532 U.S. 1 (2001)   Cited 1,009 times   1 Legal Analyses
    Holding that the determination that records are not inter- or intra-agency "rules out any application of Exemption 5"

  3. Nat'l Labor Relations Bd. v. Sears, Roebuck & Co.

    421 U.S. 132 (1975)   Cited 2,043 times   7 Legal Analyses
    Holding that FOIA does not compel agencies to write or create material to explain disclosed documents

  4. Dept. of Air Force v. Rose

    425 U.S. 352 (1976)   Cited 1,667 times   1 Legal Analyses
    Holding that although "redaction cannot eliminate all risks of identifiability," it was a "familiar technique" and sufficient to protect the identities of Air Force Academy cadets described in summaries of disciplinary proceedings

  5. Department of Justice v. Tax Analysts

    492 U.S. 136 (1989)   Cited 819 times   1 Legal Analyses
    Holding that documents are only “agency records” within the meaning of FOIA if the agency both “create or obtain” the documents and “control” them

  6. Nat'l Labor Relations Bd. v. Robbins Tire & Rubber Co.

    437 U.S. 214 (1978)   Cited 951 times   4 Legal Analyses
    Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”

  7. Environmental Protection Agency v. Mink

    410 U.S. 73 (1973)   Cited 1,088 times   2 Legal Analyses
    Holding that the privilege does not protect "memoranda consisting only of compiled factual material or purely factual material contained in deliberative memoranda and severable from its context . . ."

  8. Oglesby v. U.S. Dept. of Army

    920 F.2d 57 (D.C. Cir. 1990)   Cited 1,544 times
    Holding that FOIA administrative exhaustion requirement is jurisdictional

  9. Larson v. Department of State

    565 F.3d 857 (D.C. Cir. 2009)   Cited 599 times
    Holding that information provided by CHS that could reveal the identity of intelligence source was properly withheld

  10. Morley v. Central Intelligence Agency

    508 F.3d 1108 (D.C. Cir. 2007)   Cited 627 times   2 Legal Analyses
    Holding CIA clearance and investigatory processes and related law enforcement techniques and procedures exempt under Exemption 7(E)

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,985 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,179 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  13. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 4,254 times   79 Legal Analyses
    Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

  14. Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited

    18 U.S.C. § 2511   Cited 2,784 times   42 Legal Analyses
    Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”

  15. Section 2701 - Unlawful access to stored communications

    18 U.S.C. § 2701   Cited 1,326 times   135 Legal Analyses
    Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"

  16. Section 2516 - Authorization for interception of wire, oral, or electronic communications

    18 U.S.C. § 2516   Cited 839 times   2 Legal Analyses
    Listing the executive officers who may authorize a wiretap application

  17. Section 2707 - Civil action

    18 U.S.C. § 2707   Cited 458 times   19 Legal Analyses
    Granting relief to those "aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind"

  18. Section 2702 - Voluntary disclosure of customer communications or records

    18 U.S.C. § 2702   Cited 346 times   24 Legal Analyses
    Restricting use of Internet subscriber information without consent

  19. Section 1681u - Disclosures to FBI for counterintelligence purposes

    15 U.S.C. § 1681u   Cited 49 times   5 Legal Analyses
    In 15 U.S.C. § 1681u, consumer reporting agencies are required to furnish certain information to the FBI for counterintelligence purposes provided certain procedures are met, but if "[a]ny agency or department of the United States" obtains such information in violation of the requirements of 15 U.S.C. § 1681u, then the statute specifically contemplates liability against the United States.

  20. Section 2709 - Counterintelligence access to telephone toll and transactional records

    18 U.S.C. § 2709   Cited 45 times   8 Legal Analyses
    Containing the NSL non-disclosure requirement mandating that "no [ECSP] . . . shall disclose to any person that the [FBI] has sought or obtained access to information or records under this section"

  21. Section 0.25 - General functions

    28 C.F.R. § 0.25   Cited 16 times   1 Legal Analyses
    Delegating Attorney General’s authority to render legal advice to OLC