Ryan Shapiro

Ryan Noah Shapiro (born 1976) is a doctoral candidate in the Massachusetts Institute of Technology Program in History, Anthropology, and Science, Technology, and Society, a U.S. Freedom of Information Act (FOIA) researcher and an advocate for animal rights.^[2][3] Shapiro's bacheloreate and graduate studies have dealt extensively with the history of vegetarianism and the animal rights movement; his first publication was an in-depth review of James Gregory's seminal "Of Victorians and Vegetarians: The Vegetarian Movement In Nineteenth-Century Britain".^[4] His forthcoming doctoral dissertation is titled "Bodies at War: Animals, The Freedom of Science, and National Security in the United States, 1899-1979" and will focus on the conflict between ethical concerns over animal rights and concerns with National Security of the United States. In addition to the dissertation, a historical map of the Federal Bureau of Investigation's handling of the animal rights movement is also in development.^[5] Both projects rely on large amounts of information that, while not necessarily Classified, can only be made public once formally requested through an FOIA requests. When the U.S. government has refused to process those requests or provided data that is highly redacted or presumed to be manipulated, Shapiro has pursued repeated litigation that has been widely publicized. Shapiro is regarded by the U.S. Department of Justice (DOJ) as the "most prolific" FOIA requester,^[6][7][8] and the FBI has claimed that his requests for information through the FOIA are "irreparably damag[ing] to national security."^[9]

Personal life

Ryan Shapiro was born in 1976 in New York, NY.^[10] Ryan is the brother of Paul Shapiro, the current Vice President of Farm Animal Protection for the Humane Society of the United States.^[1]

In 2005, Stephanie Bain answered a want-ad for a roommate posted by Ryan Shapiro. Although initially platonic, Shapiro would eventually propose to Bain at Ellwood Butterfly Preserve and Beach in Santa Barbara, five years after they first met. In 2011, the two were married in a small ceremony at Brookside Gardens. The wedding reception featured exclusively vegan fare and would be featured in the "Vegan Weddings 2012" section of VegNews Magazine.^[10]

Ryan and his wife currently live together in Cambridge, Massachusetts.

Activism

Prior to his acquisition of FOIA records and his associated legal efforts, Ryan Shapiro was actively involved with the movement to ban Foie Gras from the state of California. Shapiro,along with his colleague Sarahjane Blum, produced the documentary "Delicacy of Despair: Behind the Closed Doors of the Foie Gras Industry" and created the website www.gourmetcruelty.com, both of which expressly advocate for a ban on the production and consumption of Foie Gras. Through the film and website, supporting activists and protesters whose efforts, and expose-style "investigations" of companies such as Hudson Valley Foie Gras in New York and Sonoma Foie Gras in California (Hudson Valley is largely the subject of "Delicacy of Despair"), Shapiro played an important role in drumming up support for the anti Foie Gras movement that led to the California ban's successful, though controversial, adoption.^[11]

Arrest

In 2004, New York police filed felony burglary charges against Ryan Shapiro and Sarahjane Blum. Sarahjane was arrested on April 23, 2004 at Syracuse University during a screening of the "Delicacy of Despair" documentary. Hudson surrendered at his arraignment on October 19, 2004. The charges stemmed directly from "Delicacy of Despair", which appears to document Shapiro and Blum entering Hudson Valley Foie Gras, recording inhospitable conditions endured by the ducks living there, and, ultimately, Shapiro and Blum rescuing and removing ducks from the Hudson Valley facility. The pair of animal rights activists retained attorney Eric Schneider, who represented them both. Through Schneider, a plea deal was negotiated in which all felony burglary charges were dropped while Shapiro and Blum agreed to plea to misdemeanor trespassing and complete 50 community service hours.^[12]

Litigation

Ryan Shapiro's first lawsuit was directly related to his dissertation research. After indepth study of FOIA regulation, Shapiro was able to determine that processing a request for information that names a specific individual, an investigation of a group that individual is affiliated with and includes a privacy waiver from that individual forces a response when provided to the FBI. Shapiro's technique initially worked and he began processing hundreds of FOIA requests formatted in that manner. After initial success, the FBI eventually blanched and refused to provide further information in a timely fashion. FOIA decisions are typically provided within 20 days from receipt of a request. The FBI told Ryan Shapiro that his requests would take seven years to review before he would be told if his request would be rejected. Shapiro decided to sue the FBI and retained the services of Jeffrey Light, a Washington, D.C. Appellate attorney with an extensive background in pro bono civil rights and FOIA cases.^[13]

In court, the FBI claimed that due to the volume of requests that they were receiving from Shapiro, there was no way for them to effectively censor the content of released records. Because of the sheer number of requests, even heavily redacted records could be assembled to create a "mosaic", complete view of the FBI's ongoing investigations into animal rights groups.

Alongside other notable animal-rights activists, Ryan Shapiro was a co-plaintiff in the high-profile Federal lawsuit Blum v. Holder. Alexander Reinert of the Benjamin N. Cardozo School of Law and David Milton and Howard Friedman of Howard Friedman PC represented the plaintiffs. The case challenged the constitutionality of the Animal Enterprise Terrorism Act 18 U.S.C. § 43-2006 (also known as the AETA) or the so-called "Ag-Gag" law, that criminalize certain protests against farmers akin to acts of terrorism. Shapiro and the other plaintiffs argued the measures are draconian violations of free speech protections. Department of Justice lawyers representing the defendant Eric Holder argue that because the plaintiffs were never prosecuted under the AETA, they failed to meet the standard of an "aggrieved party" that would grant them standing to bring the suit. The plaintiffs contended that as animal rights activists, their work depended upon their ability to speak freely about issues impacting animal rights, and that fear of prosecution under the AETA chilled their speech and as a result negatively impacted their ability to perform their work. The case was dismissed on March 12, 2013 after the presiding Judge Joseph L. Tauro sided with the defense and confirmed the plaintiffs lacked standing.^[14] Shapiro and the other parties to the suit acquired new representation from the Center for Constitutional Rights and appealed the decision, arguing their cases before Judges Lynch, Thompson and Kayatta.^[15] There was widespread support for the plaintiffs. An Amicus Curiae brief was filed on their behalf by the New York State Bar Association that confirmed the original arguments in the case and also held that the terrorism provisions robbed AETA defendants of their Fifth Amendment rights to due process. The ACLU also filed a Friend of the Court, arguing in their brief that the terms used by the AETA are not properly defined and as a result the law is so vague it cannot be properly enforced. Despite the arguments, on March 7, 2014 the appellate court affirmed the case's original dismissal based on standing. The court's published opinion elaborated that the case brought by Shapiro and his colleagues was "based on speculation that the Government will enforce the Act" and that "such unsubstantiated and speculative fear is not a basis for standing."

Shapiro and investigative journalist Jason Leopold filed a joint lawsuit on July 26, 2013 against the FBI for ignoring their FOIA requests concerning a possible file on Michael Hastings, a Rolling Stone journalist who died in a fiery high-speed automobile crash on June 18, 2013 in Los Angeles, California.^[9][16][17] As the result of the lawsuit, the FBI publicly released 21 pages of internal documents it had compiled on Hastings on September 21, 2013. The documents are available directly through the FBI's website. None of the documents provided allude to Hastings as the target of an investigation, and the FBI claims that the documents represent all of their records on Hastings.^[18]

In addition, Shapiro is the sole plaintiff of a lawsuit seeking for a Federal court to force the Department of Justice to comply with an FOIA request for documentation concerning a Federal Bureau of Investigation threat assessment of an alleged plot to assassinate Occupy Houston protesters. On March 12, 2014, the presiding Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia has ruled that, while the FBI may have a right to refuse some documents to Shapiro, the justification they have provided to the court is incorrect (in a series of briefs filed between June 16 and June 30, 2013, FBI FOIA chief David Hardy maintained that the documents are exempt from the FOIA because they were compiled for "law enforcement purposes").^[19][20] As of March 23, 2014 the case remains before the court.^[21][22]

In January 2014, Ryan Shapiro sued the Central Intelligence Agency after they failed to respond to a FOIA request he processed for documents related to Nelson Mandela. The request was processed in order to determine whether the US intelligence community played a role in Mandela's arrest and subsequent imprisonment by pro-Apartheid forces in South Africa. In addition to the CIA, the FBI, the National Security Agency and the Defense Intelligence Agency also received FOIA requests from Shapiro. Every other agency responded to the request, although the NSA refused to admit the existence of any records pertaining to Mandela and the DIA responded without processing the request.^[23][24][25]

References

External links

• MIT profile
• Michael Hastings FOIA lawsuit
• FBI Documents provided to Al Jazeera and Ryan Shapiro as part of a FOIA request for information related to Michael Hastings
• Nelson Mandela FOIA lawsuit
• Why Did the FBI Label Ryan Shapiro’s Dissertation on Animal Rights a Threat to National Security? Video interview with Democracy Now!, March 25, 2014