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Specifically, Movants request the unsealing of: (1) all orders and document filed in this matter before the Court's issuance of the December 14, 2010 Order requiring Twitter to provide information concerning Movants (the 'Twitter Order'; )2_ all orders and documents filed in this matter after issuance of the Twitter Order; (3) all similar judicial orders requiring entities other than Twitter to provide information concerning Movants' electronic communications and publications; and (4) all documents filed in connection with such other orders or requests for such orders (collectively, the 'sealed documents')
[...]
Because the motions pertain to an unsealed Court Order brought under U.S.C 2703(d) are not grand jury documents, and contain nay non-confidential, public information, previously known to Parties, Parties did not seek to place the January 26 motions under seal. Nevertheless, the Court Clerk placed the motions under seal, apparently due to the fact that the December 14 Order has a grand jury docket number associated with it.
[...]
Having used a form of request for information about Parties that is outside of grand jury processes, the government cannot now require the secrecy reserved to those processes. [Footnote 3] Although Parties asked the government to consent to the relief sought here, the government refused to do so. |
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Title: |
Lawyer for Jacob Appelbaum, Lawyer Rop Gonggrijp, Lawyer Birgitta Jonsdottir |
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Concerning: |
Twitter 2703(d), 2703(d) Orders, Grand Jury |
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Url: |
Url Link
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Footnote 1: The Subscribers challenged the Order with respect to the three Twitter accounts with which they are identified. But with respect to the fourth Twitter account, WikiLeaks, no party raised objections as to Twitter's production of records related to it. No person appeared on behalf of Wikileaks in the proceedings before the magistrate judge, who dismissed as moot Twitter's motion for clarification related to production of records from the WikiLeaks account. Twitter did not object to the dismissal. Thus, both the owner of the Wikileaks Twitter account and Twitter itself have waived any right to appeal the Order's directive to produce records relating to the account. See Wells v. Shriners Hospital, 109 F.3d 198, 199 (4 th Cir. 1997) ('the consequence of failing to file objections is waiver of the right to appeal'). |
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Name(s:) |
Andrew Peterson |
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Title: |
Assistant United States Attorney |
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Agency(ies): |
Department of Justice, National Security Division, NSD |
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Url: |
Url Link
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Title: |
MOTION for Unsealing of Sealed Court Records by Jacob Appelbaum, Rop Gonggrijp, Birgitta Jonsdottir. (jlan) (jcor, ). (Entered: 01/28/2011) |
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Title: |
Lawyer for Jacob Appelbaum |
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Concerning: |
"Twitter 2703(d), 2703(d) Orders, Grand Jury |
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Title: |
U.S. District Court Eastern District of Virginia (Alexandria) CRIMINAL DOCKET FOR CASE #- 1-11dm00003TCBLO All Defendants.pdf |
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Concerning: |
"Twitter 2703(d), 2703(d) Orders, Grand Jury |
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On July 18, 2011, the DOJ Criminal Division wrote to Epic acknowledding receipt of EPIC's FOIA Request, stating that the EPIC request was 'broad in scope and d[id] not clearly identify the records' that EPIC was seeking.
The DOJ Criminal Division requested clarification regarding the names of the individuals to who EPIC referred, 'including the specific time frames covered by [EPIC's] requests, as well as further description of the specific subject matter related to WikiLeaks' that EPIC sought. |
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Agency(ies): |
Electronic Privacy Information Center, EPIC |
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Concerning: |
Epic FOIA, Criminal Division, National Security Division, Federal Bureau of Investigation, Department of Justice, FBI, NSD |
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Url: |
Url Link
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The lawsuit hallenges the failure of the DOJ Criminal Division, the DOJ National Security Division, and the FBI to disclose documents in response to EPIC's June 23, 2011 FOIA Requests seeking agency records concerning the government's identification and surveillance of individuals who have demonstrated support or interest in WikiLeaks. |
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Agency(ies): |
Electronic Privacy Information Center, EPIC |
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Concerning: |
Epic FOIA, Criminal Division, National Security Division, Federal Bureau of Investigation, Department of Justice, FBI, NSD |
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Url: |
Url Link
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Title: |
COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, CRIMINAL DIVISION, U.S. DEPARTMENT OF JUSTICE, NATIONAL SECURITY DIVISION ( Filing fee $ 350, receipt number 4616045510) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 01/26/2012) |
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Author: |
Ginger McCall, John Verdi, Marc Rotenbergy, David Jacobs |
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Authoring or Creator Agency: |
Electronic Privacy Information Center, EPIC |
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Concerning: |
"Epic FOIA, Criminal Division, National Security Division, Federal Bureau of Investigation, FBI, Department of Justice |
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Defendants [Department of Justice Criminal Division, National Security Division, and the Federal Bureau of Investigation] deny this paragraph, except to admit that, on November 29, 2010, Attorney General Eric Holder stated that there was an active criminal investigation into the potential unauthorized release of classified information. |
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Name(s:) |
Stuart Delery, Elizabeth Shapiro, Scott Risner |
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Title: |
Acting Assistant Attorney General, Deputy Branch Director Federal Programs Branch, Trial Attorney |
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Agency(ies): |
Civil Division, Federal Programs Branch, Department of Justice |
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Concerning: |
Epic FOIA, Criminal Division, National Security Division, Federal Bureau of Investigation, Department of Justice, FBI, NSD |
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Url: |
Url Link
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Title: |
ANSWER to 1 Complaint, by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, CRIMINAL DIVISION, U.S. DEPARTMENT OF JUSTICE, NATIONAL SECURITY DIVISION.(Risner, Scott) (Entered: 03/23/2012) |
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Author: |
Scott Risner |
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Authoring or Creator Agency: |
Civil Division, Federal Programs Branch, Department of Justice |
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Concerning: |
"Epic FOIA, Criminal Division, National Security Division, Federal Bureau of Investigation, FBI, Department of Justice |
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Specifically, Defendants seek to file the following materials: Ex Parte and In Camera Declaration of David M. Hardy (FBI) (Exhibit 2 to Defendants' motion); Ex Parte and In Camera Declaration of Mark A. Bradley (NSD) (Exhibit 4 to Defendants motion); and Ex Parte and In Camera Declaration of John E. Cunningham III (Criminal Division) (Exhibit 6 to Defendants motion).
The FBI, NSD, and the Criminal Division are also filing public declarations, which provide all information that can be disclosed on the public record.
[...]
The ex parte and in camera declarations provide additional details concerning Defendants withholdings of materials contained in the Governments files concerning an ongoing criminal law enforcement investigation. Specifically, Mr. Hardys ex parte declaration provides information concerning the FBIs withholdings under Exemptions 3 and 7(D); Mr. Bradleys declaration discusses NSDs withholdings under Exemptions 3, 6, 7(A), and 7(C); and Mr. Cunninghams declaration discusses the Criminal Divisions withholdings under Exemption 3. In the estimation of the declarants, the disclosure of this information would undermine the interests protected by those exemptions. This information cannot be disclosed publicly without causing serious harm to the ongoing law enforcement investigation. |
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Name(s:) |
Stuart Delery, Elizabeth Shapiro, Scott Risner |
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Title: |
Principal Deputy Assistant Attorney General; Deputy Branch Director; Trial Attorney |
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Agency(ies): |
Civil Division, Federal Programs Branch, Department of Justice |
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Concerning: |
Epic FOIA, Criminal Division, National Security Division, Federal Bureau of Investigation, Department of Justice, FBI, NSD |
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Url: |
Url Link
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Title: |
MOTION for Leave to File Ex Parte and In Camera Exhibits by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, CRIMINAL DIVISION, U.S. DEPARTMENT OF JUSTICE, NATIONAL SECURITY DIVISION (Attachments: # 1 Text of Proposed Order)(Risner, Scott) (Entered: 01/31/2013) |
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Concerning: |
"Epic FOIA, Criminal Division, National Security Division, Federal Bureau of Investigation, FBI, Department of Justice |
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