Shapiro v. U.S. Dep't of Justice
Opinion
Pursuant to the Freedom of Information Act ("FOIA"),
We agree with the district court that the FBI met its burden to demonstrate that its withholdings and redactions were justified under the FOIA exemptions. Therefore, we affirm the district court's grant of summary judgment in favor of the DOJ and denial of Shapiro's motion for summary judgment with regard to the FBI's assertion of FOIA exemptions. As to the adequacy of the FBI's search, we remand with respect to the records from FBI case identification number 315T-HQ-C1475879-IP, serial 91 ("Serial 91"). The FBI released a redacted version of Serial 91 to Shapiro following oral arguments. Accordingly, as to Serial 91, we vacate the district court's decision on the cross-motions and remand to the extent that any further proceedings are necessary.
I. Background
On January 14, 2013, appellant-plaintiff Shapiro made a FOIA request seeking FBI records "relating or referring to the deceased person Aaron H. Swartz." Swartz, the subject of Shapiro's FOIA request, committed suicide while awaiting a criminal trial for alleged unauthorized computer intrusions.
*798
"FOIA mandates broad disclosure of government records to the public, subject to nine enumerated exemptions."
Wolf v. CIA
,
Shapiro administratively appealed the FBI's FOIA response, arguing that the FBI's search was inadequate and that the FBI erred in asserting FOIA exemptions. The FBI failed to respond to Shapiro's administrative appeal within the statutorily mandated time. On May 20, 2013, Shapiro filed suit against the DOJ, as the FBI's parent agency, for violating FOIA.
On July 22, 2013, the DOJ moved for summary judgment. The DOJ's motion was supported by the declaration of David Hardy, an FBI employee from the Records Management Division, which explained the scope of the search and the reasons for the FBI's assertion of FOIA exemptions. Shapiro opposed the DOJ's motion, and filed a cross-motion for summary judgment. Shapiro argued that the FBI's search was inadequate, complained of missing enclosures, argued that the FBI improperly applied FOIA exemptions, and asserted that the FBI should not have redacted the names of its databases.
While the motions were pending, the FBI altered its position regarding some of its redactions and submitted a declaration from Dennis Argall, another FBI employee in the Records Management Division. Argall's declaration acknowledged the identity of the database used by the FBI, "Accurint," because it posed "no harm," and he rescinded a reference to a different database, "Guardian," that had been made in error. Argall further stated that the FBI was releasing "two enclosures" that Shapiro had identified as missing.
On March 31, 2014, the district court issued its first opinion on the cross-motions for summary judgment.
Shapiro v. DOJ
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While the motions were held in abeyance, the FBI reviewed material released in connection with another requester's previously submitted FOIA request. The FBI identified sixty-eight additional responsive pages generated from this request that was not previously released to Shapiro, labeled Swartz-24 through Swartz-91. However, the FBI asserted FOIA Exemptions 3, 6, and 7, to redact or withhold some of these documents. The FBI withheld nine pages, redacted parts of twenty-three pages, deleted one page as a duplicate, *799 and released the remainder of the pages to Shapiro.
On September 7, 2016, the district court issued its second opinion on the cross-motions for summary judgment.
Shapiro v. DOJ
,
In additional briefing, the FBI provided a fourth declaration from Hardy, explaining its application of FOIA exemptions. Shapiro withdrew his objection to the FBI's assertion of FOIA Exemption 3, but he continued to take issue with the FBI's assertion of FOIA Exemption 7(E), arguing that the FBI had no valid reason to withhold items that came from the Accurint database. On April 20, 2017, the district court issued its third opinion, "find[ing] that the government has provided sufficient justification as to the documents it has withheld pursuant to FOIA Exemption 7(E)."
Shapiro v. DOJ
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II. Analysis
Shapiro alleges error in three determinations by the district court underlying its grant of summary judgment in favor of the DOJ. First, Shapiro argues that the district court erred by holding that the FBI's search was adequate, arguing that the agency failed to follow a reference to a case identification number found in a responsive record. Second, Shapiro argues that the district court erred by allowing the FBI to assert FOIA Exemption 7(E) to withhold reports generated by the Accurint database and the identity of the database. Third, Shapiro argues that the district court erred by failing to order the FBI to release Swartz-3A, 3B, 9A, 9C, and 56.
We review de novo a district court's grant of summary judgment.
ACLU v. DOJ
,
*800 A. Serial 91
We first consider Shapiro's argument that the FBI's search was inadequate because it failed to release records from Serial 91. Serial 91 is a case identification number associated with Swartz's personal web site, www.aaronsw.com. During oral arguments, the government's counsel averred that the FBI would turn over this case file. Subsequently, the government notified the Court that the FBI turned over these documents to Shapiro, with redactions consistent with the redactions in the other documents it had already released. Accordingly, with respect to Serial 91, we vacate the district court's grant of summary judgment in favor of the DOJ and the district court's denial of Shapiro's cross-motion for summary judgment, and remand this issue to the court for any further proceedings necessitated by the redactions.
B. Accurint Database
Shapiro next argues that the district court erred by allowing the FBI to assert Exemption 7(E) to withhold documents Swartz-83 through 89 because they were generated by the Accurint database and redact the identity of the database. The Accurint database is a commercially-available database that provides public information, such as deeds, death certificates, and court filings, to assist law enforcement investigations and threat-tracking.
To justify withholding records under FOIA Exemption 7, the government must show that the documents are part of "investigatory records compiled for law enforcement purposes" and the government must also satisfy one of the conditions within the exemption.
Pratt v. Webster
,
Withholding Accurint records is inappropriate, Shapiro argues, because the FBI has already disclosed other records from an Accurint search and acknowledged the existence of the database, withdrawing its other 7(E)-based exemptions during the course of this litigation. Shapiro supports his argument by pointing out that Accurint is a commercially-available product, and the publically-available User Guide lists every data field available to search.
However, contrary to Shapiro's reasoning, even if a database is available and its search terms are available to the public, the methods that the FBI uses to search the database and what results it considers meaningful from Accurint's large dataset can reveal law enforcement techniques and procedures. We allow the FBI to withhold records under Exemption 7(E) on the basis that releasing them would provide information on how a database is "searched, organized and reported."
Blackwell v. FBI
,
The fact that all Accurint's search fields are listed in the User Guide does not mean that the FBI must release information that *801 discloses specifically how it uses the search functionality or which searches it performed in the Swartz case. The FBI explained that, in this case, releasing these Accurint searches would reveal information to criminals regarding the "scope, capabilities, and vulnerabilities" of its investigations. The FBI contends that releasing these documents could provide information on its use of Accurint that would potentially allow a criminal to deploy countermeasures to "throw [the] FBI off their trail." Though the capabilities of Accurint might be known to the public, the FBI's methods of managing the database are generally not known.
Because the FBI has met its burden of providing a logical explanation of how disclosing its Accurint search methods could present a risk of circumvention of the law, we affirm the district court's grant of summary judgment in favor of the DOJ on this issue.
C. Swartz-3A, 3B, 9A, 9B, and 56
Finally, Shapiro argues that the district court erred when it did not order the release of Swartz-3A, 3B, 9B, 9C, and 56. Admittedly, the record is "less than artful" regarding the status of these documents and the briefings reflect some confusion between the parties.
Shapiro contends that the Argall declaration states that the FBI would release "two enclosures," but he only received one page (Swartz-9A). The DOJ clarified that Swartz-3A, 3B, 9A, 9B, and 9C were the contents of the two enclosures. The FBI withheld four of these pages (Swartz-3A, 3B, 9B, and 9C) pursuant to FOIA exemptions.
We disagree with Shapiro's contention that the FBI "failed to provide a justification" for withholding any of these documents. Exhibit B to Argall's declaration clearly states that the FBI asserted Exemptions 6, 7(C), and 7(E) to withhold the four pages. FOIA Exemption 7(C) allows the FBI to withhold responsive records to protect the privacy rights of individuals connected to a law enforcement investigation, such as investigators, suspects, witnesses, and informants.
Shapiro also argues that the district court erred in its analysis because it assumed that Swartz-3A and 3B were duplicates of Swartz-9B and 9C and that Swartz-9B and 9C were only redacted in part rather than withheld in full. These errors, Shapiro argues, means that the district court failed to address his objection to the application of FOIA exemptions with respect to these documents.
Even if the district court mistakenly assumed that Swartz-3A and 3B were duplicates, that does not alter the outcome of the analysis.
See
Shapiro
,
Next, Shapiro argues that Swartz-56 should have been released because the FBI withdrew its assertion of Exemption 7(E) over this document. However, the FBI also asserted Exemption 6, which it *802 did not withdraw. Shapiro's appeal does not address the FBI's application of Exemption 6. Therefore, Shapiro is not entitled to have Swartz-56 released.
III. Conclusion
We affirm the district court's grant of summary judgment in favor of the DOJ and its denial of Shapiro's cross-motion for summary judgment, except for the records in Serial 91. With respect to Serial 91, we vacate the district court's grant of summary judgment in favor of the DOJ and its denial of Shapiro's cross-motion for summary judgment, and remand to the extent that any additional proceedings on this issue are necessary.
So ordered.
Reference
- Full Case Name
- Ryan Noah SHAPIRO, Appellant v. UNITED STATES DEPARTMENT OF JUSTICE, Appellee
- Cited By
- 50 cases
- Status
- Published