Electronic Frontier Foundation v. United States Department of Commerce

MEMORANDUM *

The U.S. Department of Commerce (“Commerce”) appeals the district court’s grant of summary judgment in favor of the Electronic Frontier Foundation (“EFF”) on its Freedom of Information Act (“FOIA”) request. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

In response to the request, Commerce invoked FOIA Exemption 3 to withhold information obtained through its export licensing program, as set forth in the Export Administration Act of 1979 (“EAA”), 50 U.S.C. app. §§ 2401-2420 (expired Aug. 21, 2001). The district court concluded that Commerce could not rely on…