When properly utilized, FOIA requests have the potential to unearth important information that affects our daily lives. Below are several examples of instances where investigators, journalists, and citizens utilized FOIA requests to shine a light on government surveillance.
FBI Muslim Americans and state secrets privilege (2022)
ACLU lawsuit alleging religious profiling and unlawful surveillance of Muslims in the U.S. under the broad banner of national security. The case is specific to whether the government can invoke the state secrets privilege and withhold evidence in surveillance being conducted if it poses “reasonable danger”.
FBI classifying parents as domestic terrorists (2022)
The National School Boards Association called attention to the DOJ classifying parents raising concerns about the direction of schools as potential domestic terrorists. A coalition from 14 states filed FOIA requests to uncover any surveillance of parents being conducted by the FBI.
Aerial surveillance of the George Floyd protests (2020)
In 2020 after the murder of George Floyd, a series of demonstrations occurred throughout the country to protest the injustice. During these protests, government agencies like the U.S. Customs and Border Patrol, FBI, and others utilized aerial surveillance tools to watch over the peaceful demonstrations. Drones, helicopters, and spy planes were deployed in these efforts. Through the use of FOIA requests and a subsequent lawsuit, the ACLU is seeking to access records such as flight logs and purchase contracts in order to promote greater public awareness about the utilization of these surveillance tools.
Government agencies use of facial recognition at airports (2020)
The ACLU and the New York Civil Liberties Union filed a FOIA lawsuit for information from the Department of Homeland Security, CBP, TSA, and ICE about the use of facial recognition technologies for conducting surveillance at airports.
Executive Order 12,333 (2018)
The ACLU and Media Freedom Information Access Clinic at Yale Law School filed an FOIA lawsuit to disclose information about Executive Order 12,333 which was signed by President Reagan in 1981 giving several agencies to conduct surveillance on foreigners outside the U.S. The allegation is that the government has used this order to conduct surveillance of American’s communications.
Government surveillance of journalist (2017)
The Knight Institute and the Freedom of the Press Foundation filed a FOIA lawsuit to obtain records concerning the U.S. government’s surveillance of journalists and other investigative tactics that threaten the freedoms of speech, association, and the press.
FBI use of Dataminr to search social media (2016)
EPIC (Electronic Privacy Information Center), using FOIA requests for FBI contracts with Dataminr, uncovered a software company that utilizes AI to search social media. In these contracts, the FBI acquired over 200+ licenses for an Advanced Searching Tool that would enable it to search Twitter in real-time for potential terrorist threats. These contracts were one of the first definitive pieces of proof that government intelligence agencies moved beyond manual searches and were using AI to monitor social media activity.
DOJ secret legal memo (2014)
EFF filed FOIA with the DOJ regarding a secret legal memo that gave FBI access to telephone records of Americans without oversight.
Office of the Army JLENS blimp (2013)
EPIC filed a FOIA request with the Department of the Army for records related to a blimp-mounted surveillance system called “JLENS” (Joint Land Attack Cruise Missile Defense Elevated Netted Sensor Systems) to be used over Washington, D.C.
FBI eGuardian Suspicious Activity Reports (2013)
The ACLU filed a FOIA lawsuit to obtain records pertaining to the eGuardian program, a nation-wide system for the collection and sharing of Suspicious Activity Reports from the public, law enforcement and intelligence officials.
FBI and the Patriot Act post 9/11 (2007)
FOIA requests can also uncover potential past abuse of power by the Federal government. After 9/11, the PATRIOT act allowed the FBI to use National Security Letters to spy on suspected terrorists and spies. However internal DOJ inspector General reports found that the FBI was abusing those powers to collect records on everyday civilians. As a result, a flood of FOIA requests were sent to the FBI and the DOD regarding their use of the Patriot Act by many newspaper and privacy organizations. Subsequently, the public now has access to the Inspector General reports as well as information from FBI internal audits and can see firsthand how those laws that were meant to protect Americans were actually being used to surveil Americans.