United States DC Circuit

Exemption 3 of the Freedom of Information Act, 5 U.S.C. s 552(b)(3) (2000), permits the Department of Commerce to withhold from public disclosure information contained in export license applications. Congress's amendment of the Export Administration Act in 2000 did not constitute unconstitutional retroactive legislation.

Appellate Information

• Argued 11/07/2002
• Decided 01/31/2003
• Published 01/31/2003

Judges

• Before:  RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Scott L. Nelson argued the cause for appellant.   With him on the briefs was David C. Vladeck.  Alan B. Morrison entered an appearance.


• For Appellees:
  
• Steve Frank, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Leonard Schaitman, Attorney., Eric L. Hirschhorn, Anne W. Stukes, Janice S. Amundson, and Quentin Riegel were on the brief for amici curiae Industry Coalition on Technology Transfer, et al., in support of appellee.