United States District Court, District of Columbia
[Copyrighted Material Omitted]
Ginger P. McCall, Marc Rotenberg, Electronic Privacy Information Center, Washington, DC, for Plaintiff.
Jean-Michel Voltaire, U.S. Department of Justice, Washington, DC, for Defendant.
JOHN D. BATES, District Judge.
Plaintiff the Electronic Privacy Information Center (" EPIC" ) brings this action against defendant the U.S. Department of Homeland Security (" DHS" ) under the Freedom of Information Act (" FOIA" ), 5 U.S.C. § 552. Before the Court are   the parties' cross motions for summary judgment. For the reasons set forth below, both motions will be granted in part and denied in part.
In February 2011, DHS announced its intention to implement a new system of social media monitoring initiatives, titled " Publicly Available Social Media Monitoring and Situational Awareness Initiative System of Records." See Compl. [ECF 1] ¶ 5; see also 76 Fed.Reg. 5603 (Feb. 1, 2011). On April 12, 2011, EPIC submitted a FOIA request for DHS records concerning these social media monitoring initiatives. Id. ¶ 20. Specifically, EPIC asked for the following:
1. All contracts, proposals, and communications between the federal government and third parties, including, but not limited to, H.B. Gary Federal, Palantir Technologies, and/or Berico Technologies, and/or parent or subsidiary companies, that include provisions concerning the capability of social media monitoring technology to capture, store, aggregate, analyze, and/or match personally-identifiable information;
2. All contracts, proposals, and communications between DHS and any states, localities, tribes, territories, and foreign governments, and/or their agencies or subsidiaries, and/or any corporate entities, including but not limited to H.B. Gary Federal, Palantir Technologies, and/or Berico Technologies, regarding the implementation of any social media monitoring initiative;
3. All documents used by DHS for internal training of staff and personnel regarding social media monitoring, including any correspondence and communications between DHS, internal staff and personnel, and/or privacy officers, regarding the receipt,
use, and/or implementation of training and ...