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12345678910111213141516171819202122232425262728Marcia Hofmann (SBN 250087)
marcia@eff.org 
ELECTRONIC FRONTIER FOUNDATION454 Shotwell StreetSan Francisco, CA 94110Telephone: (415) 436-9333Facsimile: (415) 436-9993Jason M. Schultz (SBN 212600)
 jschultz@law.berkeley.edu
Samuelson Law, Technology and PublicPolicy ClinicU.C. Berkeley School of Law396 Simon HallBerkeley, CA 94720-7200Telephone: (510) 642-0499Facsimile: (510) 643-4625Attorneys for Plaintiff ELECTRONIC FRONTIER FOUNDATION
UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF CALIFORNIASAN FRANCISCO DIVISION
ELECTRONIC FRONTIER FOUNDATION,Plaintiff,v.DEPARTMENT OF DEFENSE, CENTRALINTELLIGENCE AGENCY, DEPARTMENTOF HOMELAND SECURITY, DEPARTMENTOF JUSTICE, DEPARTMENT OF TREASURYand OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE,Defendants.)))))))))))))))))Case No.
COMPLAINT FOR INJUNCTIVERELIEF
 
 
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INTRODUCTION
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The Electronic Frontier Foundation (“EFF”) brings this action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, for injunctive and other appropriate relief to enforce itsright to prompt disclosure of government agency records. Plaintiff seeks the release of recordsrequested from the Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Central Intelligence Agency, and Office of the Director of  National Intelligence (collectively “Defendants”) concerning the use of social-networking websitesas investigative, surveillance, and data collection tools.
PARTIES
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Plaintiff Electronic Frontier Foundation is a not-for-profit corporation establishedunder the laws of the Commonwealth of Massachusetts, with offices in San Francisco, Californiaand Washington, DC. EFF is a donor-supported membership organization that works to inform policymakers and the public about civil liberties issues related to technology, and to act as adefender of those liberties. In support of its mission, EFF uses the FOIA to obtain and disseminateinformation concerning the activities of federal agencies.3.
 
Defendant Department of Defense (“DoD”) is a Department of the ExecutiveBranch of the United States Government. DoD is an “agency” within the meaning of 5 U.S.C. §552(f)(1). The Air Force, Navy, and Defense Intelligence Agency are components of DefendantDoD.4.
 
Defendant Central Intelligence Agency (“CIA”) is a Department of the ExecutiveBranch of the United States Government. CIA is an “agency” within the meaning of 5 U.S.C. §552(f)(1).5.
 
Defendant Department of Homeland Security (“DHS”) is a Department of theExecutive Branch of the United States Government. DHS is an “agency” within the meaning of 5U.S.C. §552(f)(1). The Secret Service is a component of DHS.6.
 
Defendant Department of Justice (“DOJ”) is a Department of the Executive Branchof the United States Government. DOJ is an “agency” within the meaning of 5 U.S.C. §552(f)(1).
 
 
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12345678910111213141516171819202122232425262728The Federal Bureau of Investigation (“FBI”), Drug Enforcement Agency (“DEA”), CriminalDivision, Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and Executive Office of U.S. Attorneys (“EOUSA”) are components of Defendant DOJ.7.
 
Defendant Department of the Treasury is a Department of the Executive Branch of the United States Government. The Department of the Treasury is an “agency” within the meaningof 5 U.S.C. §552(f)(1). The Internal Revenue Service (“IRS”) is a component of the Department of the Treasury.8.
 
Defendant Office of the Director of National Intelligence (“ODNI”) is anIndependent Establishment of the Executive Branch of the United States Government. ODNI is an“agency” within the meaning of 5 U.S.C. § 552(f)(1).
JURISDICTION
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This Court has both subject matter jurisdiction over this action and personal jurisdiction over the parties pursuant to 5 U.S.C. §§ 552(a)(4)(B) and 552(a)(6)(C)(i). This Courtalso has jurisdiction over this action pursuant to 28 U.S.C. § 1331.
VENUE AND INTRADISTRICT ASSIGNMENT
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Venue is proper in this district under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. §1391(e).11.
 
Assignment to the San Francisco division is proper pursuant to Local Rule 3-2(c)and (d) because a substantial portion of the events giving rise to this action occurred in this districtand division, where Plaintiff is headquartered.
 FACTUAL ALLEGATIONS
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Through the FOIA, EFF has requested information concerning the government’s useof social-networking websites for investigative and data gathering purposes to help informCongress and the public about the effect of such uses and purposes on citizens’ privacy rights andassociated legal protections.Public Interest in Federal Government Use of Social-Networks13.
 
An Associated Press article recently described government use of social-networking
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