A federal appeals court won’t force the US to disclose its clandestine plan to disable cell service during emergencies.
That was the decision from the US Court of Appeals for the District of Columbia Circuit concerning Standard Operating Procedure 303. The court had taken the same position in February and agreed with the government’s contention that the Freedom of Information Act (FOIA) allows the Department of Homeland Security to withhold documents if their exposure could “endanger” public safety.
After the decision, the Electronic Privacy Information Center (EPIC), which brought the FOIA suit, had asked the court to revisit the issue in what is known as an en banc review. The appeals court declined (PDF) in a one-sentence order Wednesday.
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