In March 2002, I filed a Freedom of Information Act request for the Department of Defense Polygraph Institute's (DoDPI's) unclassified Federal Psychophysiological Detection of Deception Handbook, which sets forth the U.S. Government's standardized techniques and procedures for conducting polygraph examinations.

The Defense Security Service (DSS) released portions of the Handbook, but withheld all portions that discuss how to administer a polygraph interrogation. (Click here to download a PDF file with the portions that were released.) I've filed an appeal to the director of DSS and am currently awaiting his decision.

If DSS ultimately decides not to release the withheld portions, then I think it would be a good thing to appeal the decision in a U.S. district court. The Handbook is a key polygraph policy document; without it, anyone who has been subjected to a polygraph interrogation cannot know if his or her examination was conducted in accordance with DoDPI standards. As I mentioned in both my request and appeal to DSS, the standardized techniques and procedures for any genuine forensic test cannot be secret. (DoDPI represents polygraphy to be a forensic science.)

Apart from the benefits of having the Handbook made available for public scrutiny, there could be some side benefits to suing for its release if DSS withholds it. First, it could be very helpful in gaining publicity for the antipolygraph movement. We could invite the media to any court hearings and distribute press releases. AntiPolygraph.org has thus far received very little mention in the press. News services like the Associated Press might well find a lawsuit for release of the federal government's unclassified-but-secret polygraph handbook to be newsworthy. Other Freedom of Information Act lawsuits that have received nationwide news coverage include the Federation of American Scientists' suit for disclosure of the 2002 intelligence budget and the James Madison Project's suit for disclosure of the U.S. Government's six oldest classified documents. (The court upheld the Government's withholding of these latter documents, which date to 1917-1918 and concern secret inks.) But even if our suit were ultimately unsuccessful in getting the Handbook released (I think it would actually have a very good chance of succeeding), the suit could be very helpful in getting our message heard. If AntiPolygraph.org were to be mentioned by name in, say, a widely distributed Associated Press report, it could steer many thousands of new people to this website and help us in building up a broader and more effective grass roots network.

A suit would also put the DSS in the unenviable position of arguing in open court that the standardized techniques and procedures of polygraphy must be kept secret, when, as we know, senior members of the federal polygraph community themselves have published detailed descriptions of those very techniques and procedures in magazines like the American Polygraph Association's quarterly, Polygraph. And if polygraphy depends on secrecy, (the argument is implicit in DSS's original letter of partial denial), then how can a valid "test" be administered to anyone who knows about those techniques and procedures (like, say, polygraphers)? The DSS would rightly be made to look like fools arguing this case, and news programs like CBS 60 Minutes or ABC 20/20 could have a field day with it.

I would need some assistance in filing suit. Because I work in Holland, I might not be able to make a personal appearance in court. While I could certainly prepare written filings for the lawsuit, it would be helpful if someone were willing to volunteer to make any necessary court appearances and to present oral arguments.

If anyone has access to Westlaw (an extensive legal database and research tool), your assistance in researching Freedom of Information Act case law, etc. would be very helpful.

I suspect that court fees will be nominal, and I think we could probably pursue the case without retaining a lawyer. (Perhaps we could find someone willing to take the case pro bono, or on a contingency basis, for any legal costs that the court might award.)

While we wait for DSS to make a final decision on releasing the handbook, thoughts on this proposed legal action are welcome.

Hi George,

I have not participated for a while (I guess I was busy failing a third poly.). In any event, I'm willing to help in any way I could. I have access to Westlaw. I'm sure I can also secure some help in making court appearances when necessary and absent calendar conflicts. Please advise.