FOR IMMEDIATE RELEASE April 11, 2008 Contact: John Verdi, Staff Counsel
Director, EPIC Open Government Project
(202) 483-1140 ext. 104
verdi AT epic.orgEPIC OBTAINS DOCUMENTS REVEALING FEDERAL ROLE IN STATE FUSION CENTER SECRECY WASHINGTON, DC - The Electronic Privacy Information Center (EPIC) has
obtained a Memorandum of Understanding between the FBI and the Virginia
State Police that details federally imposed limitations on the Virginia
open government law. The memorandum, a January 2008 agreement signed by
the FBI and the Department regarding Virginia's fusion intelligence
center, references federal exemptions that would limit the ability of
Virginia citizens to obtain public records from a state agency.The disclosure comes at a time when Virginia is considering HB1007 (“Fusion Intelligence Center; confidentiality and immunity from service of process”) that would further curtail the state's open government and privacy laws for the Virginia Fusion Center. The bill before the Governor would also eliminate several long-standing common law rights for citizens harmed by information provided to the fusion center. Press groups have criticized the proposed law, and warned that, if enacted, Virginia citizens can “say hello to Big Brother.” “Fusion centers” are intelligence databases that collect extensive information on ordinary citizens. They have raised substantial privacy concerns.Statements from Virginia officials have raised questions about the federal government's involvement in the pending legislation. Officials for the State Police have denied federal involvement in the legislation, and the official position of the White House is that the federally supported fusion centers should respect state laws. But the documents obtained by EPIC indicate that the fusion center proposal is directly impacting the privacy rights and the open government rights of Virginia citizens.EPIC Executive Director Marc Rotenberg said, “the FBI memorandum indicates that the federal government is attempting to shroud the Virginia Fusion Center in secrecy and prevent meaningful public oversight. Virginia citizens deserve an open and transparent state government that is not constrained by federal secrecy policies.”At a hearing yesterday in the General District Court in Richmond, Virginia, Chief Judge Joi Taylor ordered the State Police to provide to EPIC additional documents concerning communications between the Department and federal agencies. The hearing was the latest development in EPIC's lawsuit against the Department. EPIC sued because the State Police's response to EPIC's February 12, 2008 freedom of information request failed to comply with the Virginia open government law. EPIC has requested an expeditious decision from the Court owing to the urgency created by Governor Kaine's ongoing consideration of HB1007.The case is EPIC v. Martin and the Virginia Department of State Police, Case No. GV08019225, (Va. Gen. Dist. Ct., filed Mar. 21, 2008). Marc Rotenberg and John Verdi are litigating the case for EPIC.EPIC is a public interest research center in Washington, D.C. EPIC was established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values. EPIC has a long history of open government work. EPIC has filed freedom of information requests and lawsuits in matters involving President Bush's warrantless wiretapping program, traveler watch-list errors, and possible government misconduct in intelligence investigations.More information is available at: “Memorandum of Understanding between the Federal Bureau of Investigation and the Virginia Fusion Center” (Obtained by EPIC. Apr. 7, 2008) http://epic.org/privacy/virginia_fusion/MOU.pdf“EPIC v. Virginia Department of State Police: Fusion Center Secrecy Bill” http://epic.org/privacy/virginia_fusionEPIC, “Information Fusion Centers and Privacy” http://epic.org/privacy/fusion