From: EPIC News [mailto:[log in to unmask]]
Sent: 28 September 2004 00:05
To: [log in to unmask]
Subject: EPIC Celebrates International Right to Know Day


FOR IMMEDIATE RELEASE
SEPTEMBER 28, 2004

Contact:

Marcia Hofmann, Staff Counsel
(202) 483-1140  ext. 112
<[log in to unmask]>

         EPIC CELEBRATES INTERNATIONAL RIGHT TO KNOW DAY

Announces New Edition of Freedom of Information Litigation Manual

Washington, DC - Today, on International Right to Know Day, EPIC
announced the publication of Litigation Under the Federal Open
Government Laws 2004, the fully updated edition of the manual that
lawyers, journalists and researchers have relied on for more than 25
years to obtain information about the United States government under
the Freedom of Information Act.

The Freedom of Information Act is critical for the functioning of
democratic government because it helps ensure that the public is fully
informed about matters of public concern.  The Act has helped uncover
fraud, waste, and abuse in the federal government.  Although EPIC has
faced increasing claims of government secrecy in the last few years,
it has successfully used the Freedom of Information Act recently in
several important civil liberties controversies.

   * EPIC revealed that Northwest Airlines turned over millions of
   passenger records to NASA, which used the personal information in an
   secret data mining study that was later cancelled.

   * EPIC found out that the Census Bureau gave the Department of
   Homeland Security information about Arab Americans when no similar
   information had been disclosed on any other ethnic group.  The
   discovery led both the Census Bureau and Customs and Border
   Protection to revise their policies on how to handle requests for
   census data about "sensitive populations."

   * Documents obtained by EPIC under the Freedom of Information Act
   showed that the federal government pursued a broad expansion of the
   passenger profiling system "CAPPS II," after assuring the public
   that it would only be used to identity terrorists.  The
   Transportation Security Administration admitted that the expansion
   of CAPPS II's mission helped to doom the program.

   * EPIC also uncovered government files that indicate that the
   Department of Justice conducted a vast public relations campaign
   that was intended to garner support for the controversial PATRIOT
   Act.  At least 65 prosecutors made 244 actual or attempted contacts
   with members of Congress to urge them not to change the PATRIOT Act.
    EPIC also obtained several e-mails discussing the legality of the
   federal prosecutors' efforts.

EPIC also successfully litigated several Freedom of Information Act
cases.  Among the key outcomes in the last few months:

   * A federal judge rebuffed the Transportation Security
   Administration's claim that it had no obligation to release factual
   information in documents that are not finalized. The judge ordered
   the agency to review the documents for facts that could be released,
   or to justify why it was unable to do so.

   * In a lawsuit concerning the PATRIOT Act, a federal court rejected
   an effort by the Department of Justice to slow down the processing
   of an open government request and held that EPIC fulfills an
   important educational function by routinely disseminating the
   information it obtains.

   * In another case brought by EPIC, a federal court held that a
   classified contract between the FBI and ChoicePoint, which involved
   the sales of personal information on Americans to the law
   enforcement agency, is subject to the Freedom of Information Act.

EPIC also applauds open records organizations around the world,
including the Freedom of Information Advocates Network, which are
working to make government more accountable and more transparent.
"The key to democratic government is information about the activities
of government. The Freedom of Information Act is the foundation of
open society," said Marc Rotenberg, Executive Director EPIC.

Litigation Under the Federal Open Government Laws 2004 was edited by
Harry A. Hammitt of Access Reports and David L. Sobel, and Tiffany A.
Stedman of EPIC.  The manual provides an overview of the Freedom of
Information Act, explains the law's exemptions, addresses fees and fee
waivers, and discusses litigation strategy.  It also covers the
Privacy Act, Government in the Sunshine Act, and Federal Advisory
Committee Act.  Appendices include the text of the relevant acts and
sample pleadings for litigators.

EPIC is a public interest research center in Washington, D.C.  It was
established in 1994 to focus public attention on emerging civil
liberties issues and to protect privacy, the First Amendment, and
constitutional values.  EPIC is a recognized leader in the use of the
Freedom of Information Act to obtain information about government
policy on emerging issues.  In the past year, EPIC's Freedom of
Information work resulted in significant disclosures about the Total
Information Awareness program, passenger screening developments, and
the growing number of privacy complaints that consumers have sent to
federal agencies.  These documents have been the subject of
Congressional hearings and news reports across the country.

EPIC, Litigation Under the Federal Open Government Laws 2004:

      http://www.epic.org/bookstore/foia2004

September 28 Right to Know Day Celebrations, Freedom of Information
Advocates Network:

      http://www.foiadvocates.net

EPIC's Open Government Overview:

      http://www.epic.org/open_gov

EPIC's Freedom of Information Gallery:

      http://www.epic.org/open_gov/foiagallery

EPIC's Litigation Docket:

      http://www.epic.org/privacy/litigation

"Freedom of Information Laws From Around the World":

      http://www.privacyinternational.org/issues/foia/foia-laws.jpg

.

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