Congress has passed the FOIA Oversight and Implementation Act, H.R. 653, which would limit exemptions that allow agencies to withhold public records, create an online portal for FOIA requests, and require agencies to post frequently requested documents. Open government advocates and members of Congress have criticized federal agencies for lax compliance with the Freedom of Information Act. The House Oversight Committee concluded that "[e]xcessive delays and redactions" have undermined the Act." The FOIA Ombudsman criticized the Transportation Security Administration for its "weak management" and lack of a "FOIA tracking system." EPIC has pursued many FOIA cases. EPIC and a coalition previously urged President Obama to strengthen the FOIA by committing to a "presumption of openness" and narrowing the use of FOIA exemptions.
Today, the U.S. Supreme Court declined to review EPIC v. DHS, concerning the government's cellphone shutdown policy. EPIC had pursued the secret policyafter government officials disabled cellular service at a BART station in San Francisco during a peaceful protest. A district court in Washington, D.C. ruled in EPIC's favor when the DHS sought to withhold the policy, but the court of appeals later overturned the ruling. EPIC urged the Supreme Court to review the case to resolve a conflict between the D.C. Circuit and the Second Circuit Courts of Appeals. EPIC also pointed to competing public safety interests when cell service is disabled, but the Court declined. Despite today's order, EPIC successfully obtained a redacted version of the shutdown policy.
The New York Attorney General’s office has announced a settlement in its investigation of Uber’s collection and misuse of rider locational data, as well as its failure to provide timely notice of a data breach affecting 50,000 Uber drivers. The investigation was prompted by public outcry over Uber’s “God View” tool that allowed Uber employees to obtain a specific rider’s real-time and historic location data without permission. The settlement requires the Uber to encrypt rider locational data and enhance its data security. EPIC previously filed a complaint with the FTC, charging that Uber’s plan to track users and gather contact details is an unlawful and deceptive trade practice. In the Huffington Post, EPIC also recommended privacy law to regulate Uber and other companies in the ride-sharing industry.