Electronic Frontier Foundation v. Department of Commerce

ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

This case is before the Court on cross-motions for summary judgment. The *1009 Plaintiff, Electronic Frontier Foundation (“EFF”), asks the Court to compel the United States Department of Commerce (“Commerce”) to release records concerning the export of devices, software, or technology primarily used to intercept or block communications. EFF’s request is made pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 , which mandates that agencies of the federal government make all their records available to the public, except for nine categories of material — FOIA’s nine “exemptions.” In refusing to release the records that EFF has requested, Commerce invokes Exemption 3, which permits agencies to withhold information that is “specifically exempted from disclosure by statute.” 5 U.S.C. § 552 (b)(3). At this case’s heart is a simple question: does Exemption 3 permit Commerce to withhold information that is exempted from disclosure by an expired statute? Having carefully considered the parties’ papers and their oral arguments at the June 10, 2013, hearing, the Court answers this question “no,” and grants each party’s motion in…