Thursday, May 10, 2007

FBI Gets One Year Stay in Electronic Surveillance Suit

Via The FOIA Blog.

Judge Colleen Kollar-Kotelly of the District Court for the District of Columbia has granted the FBI a one year stay in processing the Electronic Frontier Foundation's ("EFF") request to it for information on the electronic surviellance systems known as DCS-3000 and Red Hook.

The FBI had sought a stay of twenty seven months. However the Court knocked a full year off of its stay even though the Court found that the FBI had established exceptional circumstances that allowed it a stay to process the FOIA request. There are some interesting findings in the case. Initially, the Court found that EFF's failure to narrow its request wasn't to be held against it becasue EFF had argued that it didn't get adequate information from the FBI in order to narrow the request. The Court also found that litigation deadlines at the FBI weren't a reason to establish exceptional circumstances allowing for a stay.

More here.


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