Electronic Privacy Information Center v. Federal Bureau of Investigation
2013 U.S. Dist. LEXIS 43998
| D.D.C. | 2013Background
- EPIC filed FOIA request to FBI on Feb 10, 2012 seeking documents on StingRay cell-site simulator technology.
- FBI acknowledged receipt Feb 16, 2012 and assigned a tracking number; EPIC appealed when no response within FOIA deadlines.
- EPIC alleged DOJ failed to respond to its administrative appeal within 20 days.
- FBI sought a stay under Open America arguing exceptional circumstances due to workload and complexity.
- Court denied the stay, directing production of non-classified records by Aug 1, 2013 and related classified-review deadlines.
- FBI’s backlog and complexity metrics were analyzed under Open America standards; court found no exceptional circumstances overall.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exceptional circumstances justify a stay | EPIC argues no exceptional circumstances. | FBI argues increased workload and complexity justify a stay. | No exceptional circumstances; stay denied. |
| Whether the FBI exercised due diligence | EPIC contends due diligence not shown. | FBI claims steps to reduce backlog show diligence. | Due diligence not shown to justify a stay. |
| Impact of classified material on processing | EPIC argues no basis to delay; seeks timely non-classified production. | Beclassified review adds time but not enough for stay. | Classified-review time contemplated; not enough for Open America stay. |
| Effect of EPIC's refusal to narrow the request | EPIC did not narrow; requests broad. | Narrowing would affect eligibility for stay. | Not decisive; insufficient to establish exceptional circumstances. |
Key Cases Cited
- Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976) (establishes exceptional-circumstances framework for stays)
- Elec. Frontier Found. v. DOJ, 517 F. Supp. 2d 111 (D.D.C. 2007) (considers additional factors beyond volume and complexity)
- Buc v. FDA, 762 F. Supp. 2d 62 (D.D.C. 2011) (backlog-reduction progress required for stay)
- Am. Wildlands v. Kempthorne, 530 F.3d 991 (D.C. Cir. 2008) (context for assessing workload and backlogs)