The Supreme Court is being called to weigh in on a years-long Freedom of Information Act lawsuit.

The Electronic Frontier Foundation (EFF) on Tuesday asked the high court to decide whether the Obama administration should hand over a secret memo allowing the FBI to obtain phone records without any judicial process.

“The public has a fundamental right to know how the federal government is interpreting surveillance and privacy laws,” EFF senior counsel David Sobel said in a statement.”If the [Justice Department’s] Office of Legal Counsel has interpreted away federal privacy protections in secret, the public absolutely needs access to that analysis. There is no way for the public to intelligently advocate for reforms when we’re intentionally kept in the dark,” he added.

The disputed memo first came to light in a 2010 report from the department’s inspector general. After the government denied a request to release the memo under the Freedom of Information Act, EFF sued in 2011.