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Knowing “what the government is up to” is often the first step in ensuring that the government respects the civil liberties of its citizens. Transparency is especially important given the government’s increasingly secretive use of new technologies for law enforcement and national security purposes. From cell phone location tracking, the use of surveillance drones, secret interpretations of electronic surveillance law, and the expanding use of biometrics, EFF wants to hold the government accountable and uphold your digital rights.

To that aim, EFF’s transparency work is dedicated to using federal and state freedom of information laws, the courtroom, and our megaphone to shine light on government activities. 

One of the major tools we use is the Freedom of Information Act (FOIA), a federal law that gives people the right to request information kept by federal government agencies. Our team of FOIA lawyers also submit requests on a variety of digital civil liberties issues and often take cases to court when we believe the government is unduly withholding information. But anyone can make a request under FOIA, and you can go here to learn how you can submit your own.

While emerging technologies give the government new tools that threaten citizen civil liberties, technology also has the potential to create a more democratic relationship between public institutions and the citizens they serve. Today, a broad range of new tools are allowing the public to more closely examine government and corporate entities and to hold them accountable for deception, censorship, and corruption. In addition to using freedom of information laws to shed light on government actions, EFF also wants to highlight technologies that help the transparency process —whether it’s making it easier to file and track FOIA requests, websites dedicated to whistleblowing, or open government initiatives that can improve access to information.

Transparency Highlights

FISC Orders on Illegal Government Surveillance

EFF has sued the Department of Justice (DOJ), demanding answers about illegal email and telephone call surveillance at the National Security Agency (NSA).

The FISA Amendments Act (FAA) of 2008 gave the NSA expansive power to spy on Americans’ international email and telephone calls.  However, last month, a government lawyer publicly disclosed that the NSA’s surveillance had gone even further than what the law permits, with the Foreign Intelligence Surveillance Court (FISC) issuing at least one ruling calling the NSA’s actions unconstitutional.  The government further disclosed that the FISC had determined the government’s surveillance violated the spirit of the law on at least one occasion, as well.  EFF’s Freedom of Information Act (FOIA) lawsuit seeks disclosure of any written opinions or orders from FISC discussing illegal government surveillance, as well as any briefings to Congress about those violations.

Related Issues: 

The Foilies 2017

Recognizing the Year’s Worst in Government Transparency A thick fog is rolling in over Sunshine Week (March 12-18), the annual event when government transparency advocates raise awareness about the importance of access to public records...

Transparency Updates

California Finally Releases Wiretap Dataset

In 2016, California investigators used state wiretapping laws 563 times to capture 7.8 million communications from 181,000 people, and only 19% of these communications were incriminating. The year's wiretaps cost nearly $30 million. We know this, and much more, now that the California Department of Justice (CADOJ) for the first...
EFF Press Release

EFF Sues DOJ For Records on Procedures for Ending NSL Gag Orders

San Francisco, California—The Electronic Frontier Foundation (EFF) sued the Justice Department today to obtain records that can shed light on whether the FBI is complying with a Congressional mandate that it periodically review and lift National Security Letter (NSL) gag orders that are no longer needed. The...

Hearing Tuesday: EFF Asks California Supreme Court To Allow the Public Access to License Plate Reader Data Collected By Los Angeles Police

Los Angeles—On Tuesday, June 6, at 9:30 am, the Electronic Frontier Foundation (EFF) and the ACLU Foundation of Southern California will argue that license plate data, collected by police indiscriminately on millions of drivers each day, are not investigative records that police can shield from public scrutiny. Automated License Plate...

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