A federal court in the District of Columbia has blocked EPIC’s efforts to obtain a secret “Predictive Analytics Report” in a FOIA case against the Department of Justice. The court sided with the agency which had withheld the report and claimed the “Presidential communications privilege.” Neither the Supreme Court nor the D.C. Circuit has never permitted a federal agency to invoke that privilege. EPIC sued the agency in 2017 to obtain records about “risk assessment” tools in the criminal justice system. These techniques are used to set bail, determine criminal sentences, and even contribute to determinations about guilt or innocence. Many criminal justice experts oppose their use. EPIC has pursued several FOIA cases to promote “algorithmic transparency,” passenger risk assessment, “future crime” prediction, and proprietary forensic analysis. The case is EPIC v. DOJ (Aug. 14, 2018 D.D.C.). EPIC is considering an appeal.
August 17, 2018 Court