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    00759-111306 Answer

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    legalmatters
    The Department of Justice filed its answer to a complaint brought by the Electronic Frontier Foundation under the Freedom of Information Act. The DOJ admitted to several facts alleged in the complaint but denied that it wrongfully withheld any records. It requested that the court dismiss the case and rule in its favor.

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    00759-111306 Answer

    Uploaded by

    legalmatters
    35 views3 pages
    The Department of Justice filed its answer to a complaint brought by the Electronic Frontier Foundation under the Freedom of Information Act. The DOJ admitted to several facts alleged in the complaint but denied that it wrongfully withheld any records. It requested that the court dismiss the case and rule in its favor.

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    00759-111306 answer

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    The Department of Justice filed its answer to a complaint brought by the Electronic Frontier Foundation under the Freedom of Information Act. The DOJ admitted to several facts alleged in the complaint but denied that it wrongfully withheld any records. It requested that the court dismiss the case and rule in its favor.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    35 views3 pages

    00759-111306 Answer

    Uploaded by

    legalmatters
    The Department of Justice filed its answer to a complaint brought by the Electronic Frontier Foundation under the Freedom of Information Act. The DOJ admitted to several facts alleged in the complaint but denied that it wrongfully withheld any records. It requested that the court dismiss the case and rule in its favor.

    Copyright:

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    of 3

    IN THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF COLUMBIA

    ________________________________________________
    ELECTRONIC FRONTIER FOUNDATION, )
    )
    Plaintiff, )
    )
    v. )
    ) No. 06cv1708 (CKK)
    DEPARTMENT OF JUSTICE, )
    )
    Defendant. )
    ________________________________________________)

    ANSWER

    On October 11, 2006, defendant Department of Justice was served with plaintiff

    Electronic Frontier Foundation’s Complaint. Defendant answers plaintiff’s complaint as

    follows:

    1. This paragraph contains plaintiff’s characterization of this lawsuit, not allegations of

    fact, and thus no response is required. To the extent a response is required, defendant admits that

    plaintiff filed this action for injunctive and other relief pursuant to the Freedom of Information

    Act (“FOIA”).

    2. This paragraph contains conclusions of law and plaintiff’s characterizations of

    various provisions of the United States Code, not allegations of fact, and thus no response is

    required.

    3. Defendant lacks sufficient knowledge or information to form a belief as to the truth of

    the allegations in this paragraph.

    4. Admit.

    5. The first and second sentences of this paragraph purport to characterize a news report,
    to which the Court is referred for a true and accurate statement of its contents. Defendant lacks

    sufficient knowledge or information to form a belief as to the truth of the allegations in the third

    sentence of this paragraph.

    6. Defendant lacks sufficient knowledge or information to form a belief as to the truth of

    the first sentence in this paragraph. Defendant denies the second sentence, except to admit that

    the FBI did not use DCS-1000 to conduct Internet surveillance in fiscal years 2002 or 2003.

    7. Admit.

    8. Admit.

    9. Admit.

    10. Admit.

    11. Admit.

    12. This paragraph contains a conclusion of law and thus no response is required.

    13. This paragraph contains a conclusion of law and thus no response is required.

    14. This paragraph contains a conclusion of law and thus no response is required. To the

    extent a response is required, defendant denies it has wrongfully withheld records from plaintiff.

    15. Defendant repeats and realleges the responses contained in paragraphs

    1-14 inclusive.

    16. This paragraph contains a conclusion of law and thus no response is required. To the

    extent a response is required, this paragraph is denied.

    17. This paragraph contains a conclusion of law and thus no response is required. To the

    extent a response is required, this paragraph is denied.

    18. This paragraph contains a conclusion of law and thus no response is required. To the

    2
    extent a response is required, this paragraph is denied.

    The remaining paragraphs of the Complaint contain plaintiff’s requested relief, to which

    no response is required. To the extent a response is deemed necessary, defendant denies the

    allegations contained in the remaining paragraphs of the Complaint and further avers that

    plaintiff is not entitled to any relief. Any allegation not specifically addressed is denied.

    WHEREFORE, defendant respectfully requests that the Court enter judgment dismissing

    this action with prejudice and awarding defendant costs and such other relief as the Court may

    deem appropriate.

    Respectfully submitted this 13th day of November 2006.

    PETER D. KEISLER
    Assistant Attorney General

    ELIZABETH J. SHAPIRO
    Assistant Branch Director

    ________/s/_______________
    HEATHER R. PHILLIPS
    Trial Attorney
    U.S. Department of Justice
    Civil Division/Federal Programs
    Mail: P.O. Box 883
    Washington, D.C. 20044
    Street: 20 Massachusetts Ave., N.W.
    Room 7330
    Washington, DC 20001
    Ph: (202) 616-0679
    Fax: (202) 318-7589
    Email: [email protected]

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