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When Michael Morisy, co-founder of MuckRock, filed a Freedom of Information Act request for records about the FBI’s interest in Carrior IQ data, it was quickly denied. That, of course, later raised more concern.

In the rejection report, the FBI said the denial of information was due to law enforcement records and “that there is a pending or prospective law enforcement proceeding relevant to these responsive records; and that release of the information contained in these responsive records could reasonably be expected to interfere with the enforcement proceedings.”

At the hearing, Mueller said its agency’s wording had been misunderstood, and that “law enforcement proceeding” is a “standard exemption” used when denying certain FOIA requests.

Responding to a question from Sen. Al Franken (D-Minn.), Mueller said that he did not believe that the bureau had sought any information on wireless companies’ use of Carrier IQ software but that he had to get more details for the committee. He said it is possible that the bureau may get data that “in some way Carrier IQ may have been involved with.”

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