Shapiro v. DOJ, No. 17-5122, 2018 WL 3117203 (D.C. Cir. June 26, 2018) (Sentelle, S.C.J.)

Shapiro v. DOJ, No. 17-5122, 2018 WL 3117203 (D.C. Cir. June 26, 2018) (Sentelle, S.C.J.)

Re:  Request for records regarding deceased Internet archivist

Disposition:  Affirming district court's grant of summary judgment for government and denial of requester's cross-motion for summary judgment; remanding to the extent that any additional proceedings on certain released documents are necessary.

• Procedural Requirements, Searching for Responsive Records:  With respect to the requester's argument that the search was inadequate and the fact that the government agreed during oral argument to provide records "from Serial 91" to the requester with redactions, the Court of Appeals for the D.C. Circuit "vacate[s] the district court's grant of summary judgment in favor of the [government] and the district court's denial of [the requester's] cross-motion for summary judgment, and remand[s] this issue to the court for any further proceedings."
   
• Exemption 7(E): The Court of Appeals for the D.C. Circuit affirms application of Exemption 7(E) to records generated from the Accurint database, explaining, "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 its considers meaningful [. . .] can reveal law enforcement techniques and procedures."  The court holds that "releasing [the records] would provide information on how a database is 'searched, organized and reported.'"  Furthermore, "[t]hough the capabilities of Accurint might be known to the public, the FBI's methods of managing the database are generally not known."  
   
• Exemptions 6, 7(C):  The Court of Appeals for the D.C. Circuit affirms application of Exemption 6 and 7(C) to "personal information associated with a law enforcement investigation and that disclosing the personal information 'would constitute an unwarranted invasion of privacy.'"