In 1992, the Federal Bureau of Investigation began its efforts to pass "Digital Telephony" legislation mandating that the nation's telecommunications infrastructure be re-designed to faciliatate electronic surveillance. The Electronic Privacy Information Center attempted, through several FOIA requests, to obtain FBI documentation demonstrating a need for the proposed legislation.

In Congressional testimony in 1994, FBI Director Louis Freeh revealed that the FBI had conducted an "informal survey" that documented problems encountered in executing electronic surveillance warrants. EPIC immediately requested the disclosure of the survey. After EPIC filed suit to comply disclosure, the Bureau sought to "stay" the case for five years. This request was rejected by U.S. District Court Judge Charles Richey, but the court ultimately upheld the FBI's refusal to release the documents in their entirety. A heavily censored version of the survey was released.

Relevant Documents

• A description of FBI documents obtained by EPIC and Computer Professionals for Social Responsibility through an earlier lawsuit -- the so-called
  " Root Canal" docs.

• EPIC's letter to House Judiciary Committee Chairman Jack Brooks concerning the Digital Telphony legislation and noting that the FBI had failed to publicly explain the alleged need for the proposed law.

• EPIC's brief opposing the FBI's request for a five-year delay in the lawsuit seeking disclosure of the survey .

• EPIC's court brief arguing for the disclosure of the FBI wiretap survey.

• Judge Richey's Opinion rejecting the FBI's request for a long delay in providing the surveys.

• The cover page of the heavily censored FBI survey released to EPIC through the FOIA litigation.

• A sample page of the heavily censored FBI survey.

Return to the EPIC Wiretap Page.

Return to the EPIC Open Government Page.

Return to the EPIC Home Page.