EPIC v. IRS: D.C. Circuit Hears Arguments in FOIA Case for Trump’s Tax Returns

The D.C. Circuit heard oral arguments today in EPIC v. IRS, EPIC’s Freedom of Information Act case to obtain public release of President Trump’s tax returns. EPIC argued that the IRS has the authority, under a provision known as “(k)(3),” to disclose the President’s returns…

Senate Fails to Address Vital Questions During Examination of Supreme Court Nominee

The Senate Judiciary Committee is charged with scrutinizing whether U.S. Circuit Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court by President Trump should be confirmed. Three days of lengthy hearings, however, failed to meaningfully address crucial questions about how old law designed for analog…

D.C. Circuit to Hear Arguments in EPIC v. IRS, FOIA Case for Trump’s Tax Returns

The D.C. Circuit will hear arguments on Thursday, September 13 in EPIC v. IRS, EPIC’s Freedom of Information Act case to obtain public release of President Trump’s tax returns. Live audio of the arguments will be streamed from this link at or around 9:30 a.m….

Appeals Court Asks the Right Questions in NSA Surveillance Case

On Monday, the Second Circuit Court of Appeals in New York held argument in United States v. Hasbajrami, an important case involving surveillance under Section 702 of the FISA Amendments Act. It is only the second time a federal appeals court has been asked to…

Win! Landmark Seventh Circuit Decision Says Fourth Amendment Applies to Smart Meter Data

The Seventh Circuit just handed down a landmark opinion, ruling 3-0 that the Fourth Amendment protects energy-consumption data collected by smart meters. Smart meters collect energy usage data at high frequencies—typically every 5, 15, or 30 minutes—and therefore know exactly how much electricity is being…

D.C. Circuit Announces Panel in EPIC v. IRS, FOIA Case for Trump’s Tax Returns

The D.C. Circuit has announced the three-judge panel that will decide EPIC v. IRS, EPIC’s Freedom of Information Act case to obtain public release of President Trump’s tax returns. Arguments will be held in the case on Thursday, September 13, 2018 before Judge Karen LeCraft…

Transparency Win: Federal Circuit Makes Briefs Immediately Available to the Public

In a modest victory for public access, the Federal Circuit has changed its policies to allow the public to immediately access briefs. Previously, the court had marked briefs as “tendered” and withheld them from the public pending review by the Clerk’s Office. That process sometimes…

EFF Files Amicus Brief in Seventh Circuit Supporting Warrant for Border Searches of Electronic Devices

EFF, joined by ACLU, filed an amicus brief in the U.S. Court of Appeals for the Seventh Circuit arguing that border agents need a probable cause warrant before searching personal electronic devices like cell phones and laptops. We filed our brief in a criminal case…

Federal Circuit Rejects Pharmaceutical Company’s Attempt to Dodge Review of its Patents

The Federal Circuit has prevented a private company from using a Native American tribe’s rights to bar the Patent Office from reviewing its patents. The case involves a pharmaceutical company, Allergan, that paid the Saint Regis Mohawk Tribe to “own” its patents, and then assert…

Federal Court Upholds Regulations for Drone Hobbyists

In a companion case to EPIC v. FAA, the D.C. Circuit ruled in Taylor v. FAA that the regulations for drones operated by hobbyists are within the agency’s statutory authority. The D.C. Circuit previously ruled that EPIC lacked standing to compel the FAA to establish…