Case Detail

FOIA Project Annotation: Judge Richard Leon has upheld the NSA's Glomar response to EPIC concerning the public interest organization's request for records reflecting any discussion of collaboration between the agency and Google relating to alleged cyber attacks by hackers in China. Citing Section 6 of the NSA Act as an Exemption 3 statute, the agency explained that "to confirm or deny the existence of any such records would be to reveal whether the NSA. . .determined that vulnerabilities or cybersecurity issues pertaining to Google or certain of its commercial technologies could make U.S. government information systems susceptible to exploitation or attack." Finding that the agency's affidavit was sufficiently detailed, Leon rejected EPIC's claim that information widely reported by the media stripped records of FOIA protections. Instead, he pointed out that "while Glomar responses are deemed inappropriate when the specific information has already been officially and publicly disclosed by the solicited agency, such disclosure 'cannot be based on mere speculation, no matter how widespread.' The agency, itself, must waive FOIA protections through an official disclosure." EPIC also argued that its request was broad enough to encompass information that was not part of the agency's Information Assurance mission. But Leon observed that "these claims understate the [agency affidavit's] depiction of the NSA's Information Assurance mission, as well as the explanation of how the requested records would reveal information relating to the NSA activities. Simply put, it is the relationship between Google and the NSA not just the content of the records that warrants protections."
Issues: Determination - Glomar response, Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2010-09-13	1	COMPLAINT against NATIONAL SECURITY AGENCY ( Filing fee $ 350, receipt number 4616032727) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet)(tr) (Entered: 09/14/2010)
2010-09-13	2	Corporate Disclosure Statement by ELECTRONIC PRIVACY INFORMATION CENTER identifying Corporate Parent NONE for ELECTRONIC PRIVACY INFORMATION CENTER. (tr) (Entered: 09/14/2010)
2010-09-13		SUMMONS Issued(3) as to NATIONAL SECURITY AGENCY, U.S. Attorney and U.S. Attorney General (tr) (Entered: 09/14/2010)
2010-10-20	3	NOTICE of Appearance by Judson Owen Littleton on behalf of NATIONAL SECURITY AGENCY (Littleton, Judson) (Entered: 10/20/2010)
2010-10-27	4	ANSWER to 1 Complaint by NATIONAL SECURITY AGENCY. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit Response Letter, # 3 Exhibit Administrative Appeal Letter)(Littleton, Judson) (Entered: 10/27/2010)
2010-10-27	5	STANDING ORDER. Signed by Judge Richard J. Leon on 10/27/2010. (lcrjl1) (Entered: 10/27/2010)
2010-11-03	6	NOTICE of Appearance by John Arthur Verdi on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Verdi, John) (Entered: 11/03/2010)
2010-11-24	7	PRETRIAL STATEMENT by ELECTRONIC PRIVACY INFORMATION CENTER, NATIONAL SECURITY AGENCY. (Attachments: # 1 Text of Proposed Order)(Littleton, Judson) (Entered: 11/24/2010)
2010-12-01	8	ORDER, Defendant must serve its Summary Judgment motions by 12/22/2010. Plaintiff shall serve it combined cross-motion for Summary Judgment and opposition to defendant's motion by 1/28/2011. Defendant shall served its combined reply in support of its Motion for Summary Judgment and opposition to plaintiff's motion for summary judgment by 2/18/2011. Plaintiff shall serve its reply in support of its motion for summary judgment by 3/4/2011. Signed by Judge Richard J. Leon on 11/29/10. (see order.) (kc) (Entered: 12/01/2010)
2010-12-22	9	MOTION for Summary Judgment by NATIONAL SECURITY AGENCY (Attachments: # 1 Declaration Janosek Decl, # 2 Exhibit Janosek Decl Ex A, # 3 Exhibit Janosek Decl Ex B, # 4 Exhibit Janosek Decl Ex C, # 5 Text of Proposed Order)(Littleton, Judson) (Entered: 12/22/2010)
2011-01-28	10	Memorandum in opposition to re 9 MOTION for Summary Judgment and cross-motion for summary judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Verdi, John) (Entered: 01/28/2011)
2011-01-28	11	Cross MOTION for Summary Judgment by ELECTRONIC PRIVACY INFORMATION CENTER. (See Docket Entry 10 to view document. Counsel is advised to file the motion and opposition as separate docket entries in future). (znmw, ) (Entered: 01/31/2011)
2011-02-18	12	REPLY to opposition to motion re 9 MOTION for Summary Judgment Combined Reply/Opposition filed by NATIONAL SECURITY AGENCY. (Littleton, Judson) Modified link on 2/22/2011 (znmw, ). (Entered: 02/18/2011)
2011-02-18	13	Memorandum in opposition to re 11 MOTION for Summary Judgment Combined Reply/Opposition filed by NATIONAL SECURITY AGENCY. (Littleton, Judson) (Entered: 02/18/2011)
2011-03-04	14	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Verdi, John) (Entered: 03/04/2011)
2011-07-13	15	MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 7/8/2011. (kc ) (Entered: 07/13/2011)
2011-07-13	16	ORDER For the reasons set forth in the Memorandum Opinion entered this 8th day of July, 2011, it is hereby ORDERED that defendant's Motion for Summary Judgment 9 is GRANTED and it is further ORDERED that plaintiff's Cross-Motion for Summary Judgment 11 is DENIED; and it is further ORDERED that final judgment be entered for the defendant on all counts in the complaint. SO ORDERED. Signed by Judge Richard J. Leon on 7/8/2011. (see order) (kc ) (Entered: 07/13/2011)
2011-09-09	17	NOTICE OF APPEAL as to 16 Order on Motion for Summary Judgment, by ELECTRONIC PRIVACY INFORMATION CENTER. Filing fee $ 455, receipt number 4616042088. Fee Status: Fee Paid. Parties have been notified. (dr) (Entered: 09/12/2011)
2011-09-12	18	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 17 Notice of Appeal. (dr) (Entered: 09/12/2011)
2011-09-14		USCA Case Number 11-5233 for 17 Notice of Appeal filed by ELECTRONIC PRIVACY INFORMATION CENTER. (kb) (Entered: 09/14/2011)
Hide Docket Events