In July 2009 EFF filed suit against the Central Intelligence Agency (CIA) and a half-dozen other federal agencies involved in intelligence gathering demanding the immediate release of reports about potential misconduct.

The agencies were required to submit periodic reports of "any intelligence activities of their organizations that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive" to the Intelligence Oversight Board. The board consisting of private citizens with security clearances was tasked with reviewing those reports summarizing them and forwarding to the president those that it believed described violations of the law.