The Federal Communications Commission (FCC) is facing allegations of non-compliance with the Freedom of Information Act (FOIA) and concealing Chairman Brendan Carr’s use of the Signal messaging app for official communications. Journalist Nina Burleigh and advocacy group Frequency Forward have filed a motion in the U.S. District Court for the District of Columbia, asserting that the FCC acted in bad faith by withholding documents responsive to their FOIA request and by failing to disclose Chairman Carr’s use of Signal on his government-issued phone.
The plaintiffs argue that the FCC redefined search criteria without notifying them or the court, thereby obstructing the release of pertinent records. This legal action follows a previous lawsuit filed by Burleigh and Frequency Forward, alleging that the FCC violated FOIA by wrongfully withholding agency records. In August 2025, a federal judge criticized the FCC for its “vague and uninformative” response and ordered the commission to produce the requested documents. ([arstechnica.com](https://arstechnica.com/tech-policy/2025/08/judge-unhappy-with-fccs-vague-and-uninformative-response-to-doge-lawsuit/?utm_source=openai))
These developments are part of a broader pattern of scrutiny regarding the FCC’s transparency and its interactions with external entities. In June 2026, the Citizens for Constitutional Integrity filed a FOIA lawsuit seeking to uncover Chairman Carr’s communications related to the Jimmy Kimmel controversy. The group alleged that the FCC failed to conduct a thorough search for text messages and other communications, despite producing a limited number of records. ([thedesk.net](https://thedesk.net/2026/06/foia-lawsuit-fcc-brendan-carr-jimmy-kimmel-texts/?utm_source=openai))
Additionally, in September 2025, Senate staff investigating the Department of Government Efficiency (DOGE) encountered locked doors and windows covered with trash bags at DOGE offices, raising concerns about the department’s secrecy and potential risks to sensitive data. ([arstechnica.com](https://arstechnica.com/tech-policy/2025/09/senate-staff-probes-doge-finds-locked-doors-and-windows-covered-with-trash-bags/?utm_source=openai))
These incidents have prompted calls for greater transparency and accountability within the FCC and other government agencies. The use of encrypted messaging apps like Signal for official communications has raised questions about compliance with federal record-keeping laws and the public’s right to access government records. As legal proceedings continue, the outcomes may have significant implications for how government officials communicate and maintain records in the digital age.