Freedom of Information Documents on the USA PATRIOT Act
EPIC has used the Freedom of Information Act (FOIA) to seek information about the government's use of USA PATRIOT Act authority since shortly after the law was passed by Congress in October 2001. EPIC has obtained USA PATRIOT Act-related documents through independent FOIA efforts, and also joined the ACLU to litigate two cases concerning the government's implementation of the controversial law.
EPIC v. Department of Justice, Civil Action No. 05-845 (D.D.C. GK)
In a complaint (pdf) filed in April 2005, EPIC asked a federal court to force the FBI to disclose information about its use of expanded investigative authority granted by sunsetting provisions of the USA PATRIOT Act. The agency agreed (pdf) to quickly process EPIC's Freedom of Information Act request (pdf) for the data, but did not comply with the timeline for even a standard FOIA request. The lawsuit, now pending, was filed amid numerous congressional hearings reviewing controversial sections of the USA PATRIOT Act. Many of these provisions are slated to expire at the end of 2005 unless the administration makes the case for renewal.
The FBI released a small number of documents in October 2005, after Congress had concluded its hearings and already drafted legislation to renew the sunsetting provisions. These documents included reports of intelligence misconduct from the FBI to an intelligence oversight board.
In November 2005, Judge Gladys Kessler ordered (pdf) the FBI to publicly release or account for 1,500 of pages responsive to the request every fifteen days.
Documents Released Through EPIC v. DOJ, 05-845 (D.D.C. GK)
More Reports From the FBI on Apparent Unlawful
Intelligence Activities (2000-2005) (
Part
1, Part
2) (PDF)
Reports From the FBI on Apparent Unlawful Intelligence Activities (2002-2004) (Part 1, Part 2, Part 3, Part 4) (PDF)
FBI Form Used to Apply for Section 215 Order (revised 11/04/03) (PDF)
Summary of Business Records Requests Since July 2004 (4/1/04) (PDF)
Internal FBI Emails Regarding Application for Section 215 and the Office for Intelligence Policy and Review (10/03) (PDF)
Internal FBI Email Regarding Section 215 Order (5/21/04) (PDF)
FBI Field Office Reports on Use of PATRIOT Act Authority (PDF)
March 19, 2004 (expressing frustration with Office of Intelligence Policy and Review)
March 22, 2004 (expressing frustration with Office of Intelligence Policy and Review)
March 24, 2004 (referring to "recent changes" permitting the FBI to "bypass OIPR")
Internal FBI Email Regarding Possible Violation of Electronic Communications Privacy Act (8/23/04) (PDF)
ACLU and EPIC v. Department of Justice, Civil Action No. 03-2522 (D.D.C. ESH)
On October 23, 2003, EPIC, the ACLU and allied library and booksellers' organizations submitted a FOIA request to the FBI seeking information about Section 215 of the USA PATRIOT Act. When FBI denied expedited processing, EPIC and the ACLU filed suit in federal court seeking the immediate release of the requested records.
On May 10, 2004, U.S. District Judge Ellen Huvelle ordered the FBI to expeditiously process the request. Some responsive records were released in June 2004, and more documents were released in July.
Documents Released Through ACLU and EPIC v. DOJ, 03-2522 (D.D.C. ESH)
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FBI Internal E-mail Regarding Scope of Section 215 (date unknown) (PDF)
FBI Form Used to Apply for Section 215 Order (revised 7/11/03) (PDF)
FBI Memo Delegating Authority to Approve Section 215 Applications (October 10, 2003) (PDF)
FBI Memo Revealing the Agency Applied for a Section 215 Order in October 2003 (October 15, 2003) (PDF)
FBI Memo for Field Offices re Section 215 (October 29, 2003) (PDF)
ACLU and EPIC v. Department of Justice, Civil Action No. 02-2077 (D.D.C. ESH)
EPIC, joined by the American Civil Liberties Union and library and booksellers' organizations, filed suit on October 24, 2002 under the FOIA seeking the disclosure of information concerning implementation of the controversial USA PATRIOT Act. The lawsuit covers some of the information the Justice Department withheld from the House Judiciary Committee in response to a set of detailed questions.
On November 26, 2002, U.S. District Judge Ellen Huvelle ordered (PDF) the Justice Department to complete its processing of the EPIC/ACLU information request by January 15, 2003. DOJ and the FBI released some responsive material, but withheld a substantial amount of information asserting national security classification.
EPIC/ACLU Memo in Support of Summary Judgment (3/21/03) (PDF)
Documents Released Through ACLU and EPIC v. DOJ, 02-2077 (D.D.C. ESH)House Judiciary Committee - DOJ Correspondence
Redacted Six-page List of National Security Letters (NSLs) (1/21/03) (PDF)
FBI Memo re Use of Foreign Intelligence Surveillance Act (FISA) (updated 9/12/02) (PDF)
FBI Memo re Revisions to Foreign Intelligence Surveillance Act (FISA) (October 26, 2001) (PDF)
FBI Memo re FISA Pen Register Authorities and Procedures (March 29, 2002) (PDF)
FBI Memo re National Security Letters (NSLs) (November 28, 2001) (PDF)
House Judiciary Committee Information Request (June 13, 2002)
DOJ Cover Letter and Partial Response (July 26, 2002) (PDF)
DOJ Cover Letter and Partial Response (August 26, 2002) (PDF)
DOJ Follow-up Letter (September 20, 2002) (PDF)
DOJ Letter Concerning Grand Jury Information (October 4, 2002) (PDF)
Other PATRIOT Act Documents Released Pursuant to EPIC FOIA Requests
Last Updated: January 3, 2006
Page URL:
http://www.epic.org/privacy/terrorism/usapatriot/foia/default.html