Jun 07 2011

DHS moves to dismiss our Privacy Act lawsuit

Late last Friday, June 3rd, the U.S. government filed a motion for summary judgment against us in our Privacy Act and FOIA lawsuit for records from the government’s files of records of our international travels.  The government’s motion and supporting affidavits and exhibits are posted here.

We won’t try to give a detailed response right now. Our answer to the government’s motion, and our own motion for summary judgment, are due to be filed with the court by June 24th. Reply briefs for each side will follow, and then oral argument is scheduled for August 25, 2011 [note change from originally scheduled date], in San Francisco.

We’ve posted the government’s pleadings for informational purposes, but they should not be accepted as accurately representing either the facts or the law. As we expected, the government’s argument is a mix of lies about the facts and claims that nobody — not even a U.S. citizen — has any rights under the Privacy Act to see what’s in the DHS dossier about their travels, or how it is used.

We look forward to seeing the DHS in court on August 25th.