Project for Privacy and Surveillance Accountability (PPSA)
  • Issues
  • Solutions
  • SCORECARD
    • Congressional Scorecard Rubric
  • News
  • About
  • TAKE ACTION
    • Section 702 Reform
    • PRESS Act
    • DONATE
  • Issues
  • Solutions
  • SCORECARD
    • Congressional Scorecard Rubric
  • News
  • About
  • TAKE ACTION
    • Section 702 Reform
    • PRESS Act
    • DONATE

 NEWS & UPDATES

PPSA Asks Court to Compel Agencies to Search for Documents About Private Data Purchases from Accounts of 110 Members of Congress

8/7/2023

 
Picture
​PPSA is asking a DC federal court to compel the top federal intelligence and law enforcement agencies to search for records related to how they acquire and use the private, personal information of 110 Members of Congress purchased from third-party data brokers.
 
In a Freedom of Information Act (FOIA) request filed in July, 2021, PPSA had asked the Office of the Director of National Intelligence, the National Security Agency, the Department of Justice and the FBI, and the CIA for records related to the possible purchase and use of commercially available information on current and former members of the House and Senate Judiciary Committees.
 
The request covered such leading Members of Congress as House Judiciary Chairman Jim Jordan, Ranking Member Jerry Nadler, Senate Judiciary Committee Chairman Dick Durbin, Ranking Member Chuck Grassley, and former Members that included Vice President Kamala Harris and Florida Governor Ron DeSantis.
 
PPSA’s motion for summary judgment filed before the U.S. District Court for the District of Columbia confronts the assertion by these multiple agencies that to even search for responsive documents would harm national security.
 
PPSA’s motion notes that under FOIA, “agencies must acknowledge the existence of information responsive to a FOIA request and provide specific, non-conclusory justifications for withholding that information.” The agencies instead stonewalled this FOIA request by invoking the judge-created Glomar response, meant to be a rare exception to the general rule of disclosure, which allows the government to neither confirm nor deny the existence of such records.
 
“Requiring Defendants here to perform FOIA searches within the secrecy of their own silos does not, by itself, compel the automatic disclosure of any information whatsoever," PPSA declares in its motion. “[B]ecause the initial step of conducting an inter-agency search makes no such disclosure, their arguments are neither logical nor plausible justifications for shirking their duty to perform an internal search.”
 
The issue of government spying into the private, personal information of Members of Congress, tasked with oversight of these agencies, involve the serious potential for executive intimidation of the legislative branch. The ODNI recently declassified an internal document noting that commercially available information can be used to “facilitate blackmail, stalking, harassment, and public shaming.”
 
“The government doesn’t even want to entertain our question,” said Gene Schaerr, PPSA general counsel. “What do they have to hide?”
READ COURT SUMMARY HERE

Comments are closed.

    Categories

    All
    2022 Year In Review
    2023 Year In Review
    2024 Year In Review
    Analysis
    Artificial Intelligence (AI)
    Call To Action
    Congress
    Congressional Hearings
    Congressional Unmasking
    Court Appeals
    Court Hearings
    Court Rulings
    Digital Privacy
    Domestic Surveillance
    Facial Recognition
    FISA
    FISA Reform
    FOIA Requests
    Foreign Surveillance
    Fourth Amendment
    Fourth Amendment Is Not For Sale Act
    Government Surveillance
    Government Surveillance Reform Act (GSRA)
    Insights
    In The Media
    Lawsuits
    Legal
    Legislation
    Letters To Congress
    NDO Fairness Act
    News
    Opinion
    Podcast
    PPSA Amicus Briefs
    Private Data Brokers
    Protect Liberty Act (PLEWSA)
    Saving Privacy Act
    SCOTUS
    SCOTUS Rulings
    Section 702
    Spyware
    Stingrays
    Surveillance Issues
    Surveillance Technology
    The GSRA
    The SAFE Act
    Warrantless Searches
    Watching The Watchers

    RSS Feed

FOLLOW PPSA: 
© COPYRIGHT 2024. ALL RIGHTS RESERVED. | PRIVACY STATEMENT
Photo from coffee-rank