The Electronic Frontier Foundation ("EFF") has sued the FBI over a FOIA request it made to the FBI concerning two of FBI systems of electronic surveillance, Red Hook and DCS-3000. The EFF sued the FBI over the FBI's inaction on its request, which was made on August 11, 2006. The FBI has acknowledged the request, but has not otherwise made any decisions on the records.
One of the attorneys representing the EFF previously sued the FBI over a FOIA request concerning an earlier FBI electronic surveillance system, named Carnivore. I assisted in the defense of the FBI's FOIA action at the time. From that experience, I can surmise that EFF will prosecute this case vigorously and this should be an interesting case to watch.
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