Does the single publication rule deprive citizens of their statutory right to timely Privacy Act relief?

QUESTIONS PRESENTED FOR REVIEW Introductory Statement This petition follows a decision of the Ninth Circuit affirming the district court’s dismissal of petitioner’s civil complaint alleging the violation of his statutory and constitutional privacy rights by the United States Department of Justice (“DOJ”) and the Federal Bureau of Investigation (“FBI”). Petitioner is a private citizen who in 2007 entered a plea of guilty to federal financial crimes, served a short federal prison sentence, paid restitution, and completed a term of supervised release. The gravamen of petitioner’s claims below are that DOJ and the FBI maintain on government websites numerous irrelevant and untimely press releases concerning petitioner and the concluded criminal proceeding. The press releases were issued between 2007 and 2011 but are still available to anyone conducting an internet search using petitioner’s name. Specific Questions Presented 1. Does judicial application of the “single publication rule” to all claims arising under the Privacy Act, 5 U.S.C. § 552a et seq., deprive private citizens such as petitioner of their statutory right to bring an otherwise timely action for relief under that Act, where the cognizable injury that is the basis for the action does not ripen until a significant period of time after initial publication and only once the i published material is no longer “relevant” and “timely” within the meaning of that Act. 2. Is the constitutional right to “informational privacy” implicated by the federal government’s perpetual maintenance on publicly available websites of press releases concerning federal criminal proceedings concluded numerous yearsago?! 1 The press releases at issue were filed under seal in the district court pursuant to that court’s order. The press releases were also lodged with the Ninth Circuit in a separate sealed excerpt of record. iii PARTIES TO THIS PROCEEDING AND RELATED CASES Parties to this Proceeding Petitioner is an individual, designated here as “John Doe” as authorized by order of the United States District Court for the Central District of California in the proceeding below. Respondents are: 1) Merrick B. Garland, Attorney General of the United States, in his representative capacity; 2) Christopher A. Wray, Director of the Federal Bureau of Investigation, in his representative capacity; 3) the United States Department of Justice; and 4) the Federal Bureau of Investigation. Related Cases John Doe v. William Barr, et al., Central District of California Case Number Judgment entered on October 8, 2020. John Doe v. Merrick B. Garland, et al., Case Number 20-56063, United States Court of Appeals for the Ninth Circuit. Judgment entered on November 9, 2021; Petition for Rehearing En Banc denied on February 1, 2022.