A federal judge today refused to allow the U.S. Justice Department to put on hold, for more than a year, a suit that seeks information about the FBI's use of technology to collect mobile phone data.
U.S. District Judge Colleen Kollar-Kotelly said the government failed to convince her that "exceptional circumstances" exist to temporarily stop the litigation. The Electronic Privacy Information Center in Washington sued the FBI in April 2012 over access to documents about the bureau's use of "StingRay" technology.
"The large volume of requests that the FBI must process, as well as the size and complexity of those requests and the limited resources available to process them, present exceptional circumstances," Kimberly Herb, a Justice Department lawyer, argued in court papers.
Kollar-Kotelly didn't buy the argument. The bottom line, the judge said, is that the FBI didn't show that the bureau is "deluged" with so many public records request to justify a delay in the court action. Click here for the opinion.