Thanks to the Electronic Frontier Foundation for this….
Tomorrow the House Oversight Committee is holding a hearing titled, “Why Isn’t the Department of Homeland Security Meeting the President’s Standard on FOIA?” As we wrote last October, redacted DHS emails revealed the agency was targeting certain Freedom of Information Act (FOIA) requests and certain FOIA requesters—such as activist groups, watchdog organizations, and journalists—for an extra layer of review by politically-appointed officials within and outside the agency. The emails further revealed EFF was one of the organizations explicitly targeted, and three of our FOIA requests are mentioned specifically. Given the delay between when we filed these FOIA requests and when we finally received records, we assume our requests and the documents produced in response to them went through this extra vetting.
The Oversight Committee is expected to investigate all this at the hearing tomorrow. However, we now think the problem may be much larger than either the emails indicated or we first thought. Since we wrote that blog post, we have learned through litigation in our social networking FOIA case that not only did DHS drag its feet on producing documents, the agency also failed to release all documents it had that were responsive to our request. In conversations with the DOJ attorney representing the government, we have recently learned that DHS likely has a “voluminous production” of additional documents concerning how the agency uses social networking sites that it has yet to produce to us.