Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the Office of the Director of National Intelligence properly withheld information about the way the National Counterterrorism Center worked with other agencies to share data, guidelines and legal memoranda under Exemption 3 (other statutes). EPIC requested the information and ODNI withheld it citing a variety of exemptions. But Boasberg noted that since the records were protected by Exemption 3 there was no reason to assess whether they could be withheld under other exemptions as well. The agency withheld the records under Section 102(A)(i)(1) of the National Security Act, which allows the Director of National Intelligence to protect sources and methods. While Section 102(A)(i)(1) has been long recognized as qualifying under Exemption 3, EPIC argued that certain information in the records did not fall within the provision's coverage. Boasberg found EPIC's interpretation of the provision's coverage too narrow and noted that "although at first glance the records at issue here may appear technicalâ€"and thus of little help to potential adversariesâ€"the Court, after its in camera review, is persuaded that this 'superficially innocuous information' could compromise intelligence operations. There is little doubt that the names of particular datasets and the agencies from which they originate would allow interested onlookers to gain important insight into the way ODNI and its partners operate. Information regarding the number of records deleted, similarly, could help counterintelligence personnel deduce the scope of U.S. intelligence operations." He indicated that "having reviewed the relevant records in camera, and taking into account the 'special deference owed to agency affidavits on national security matters,' the Court concludes that Exemption 3 protects the information ODNI has withheld." EPIC also argued the agency had failed to conduct an adequate segregability analysis and that some information in the record was clearly non-exempt. Boasberg rejected the argument, noting that "based on [the agency's affidavit] and careful in camera review, the Court concludes that there is no material that could have been released in the 21 documents withheld in full." He added that "even if [the court] found that pieces of information in the 21 documents withheld in full were not exempt from disclosure, the remaining information would amount to 'an edited document with little informational value.' Indeed, all that would be left would be a date here, an internal direction there. Although the cost of releasing the information would be minimal, the Court sees no reason to impose any further burden on the agency. Because the 21 documents in question contain no segregable material that could prove of interest, the Court finds that any such token release is unnecessary."
Issues: Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2012-08-01	1	COMPLAINT against OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ( Filing fee $ 350 receipt number 0090-3023974) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 7.1 Certificate)(McCall, Ginger) (Entered: 08/01/2012)
2012-08-01		Case Assigned to Judge James E. Boasberg. (ls, ) (Entered: 08/02/2012)
2012-08-02	2	Electronic Summons (1) Issued as to OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Consent Notice)(ls, ) (Entered: 08/02/2012)
2012-08-23	3	ELECTRONIC SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General (ls, ) (Entered: 08/23/2012)
2012-08-23	4	ELECTRONIC SUMMONS (3) REISSUED as to OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, USA, AND USAG. (ls, ) (Entered: 08/23/2012)
2012-09-14	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/5/2012. Answer due for ALL FEDERAL DEFENDANTS by 10/5/2012. (McCall, Ginger) (Entered: 09/14/2012)
2012-10-01	6	ANSWER to Complaint by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.(Soskin, Eric) (Entered: 10/01/2012)
2012-10-01		MINUTE ORDER setting the case for an Initial Scheduling Conference on October 15, 2012, at 11:00 a.m. The parties shall meet, confer, and submit a joint briefing schedule prior to the scheduling conference. Signed by Judge James E. Boasberg on 10/1/12. (lcjeb3) (Entered: 10/01/2012)
2012-10-02		Set/Reset Hearings: Initial Scheduling Conference set for 10/15/2012 11:00 AM in Courtroom 19 before Judge James E. Boasberg. (mpt) (Entered: 10/02/2012)
2012-10-04		MINUTE ORDER VACATING the Initial Scheduling Conference set for October 15, 2012 at 11:00 a.m. The parties shall meet, confer, and submit a proposed joint briefing schedule on or before October 15, 2012. Signed by Judge James E. Boasberg on 10/4/12. (lcjeb3) (Entered: 10/04/2012)
2012-10-04		Set/Reset Deadline/Hearing: Parties shall meet, confer, and submit a proposed joint briefing schedule on or before 10/15/2012. The Initial Scheduling Conference scheduled for 10/15/2012 at 11:00 AM is hereby VACATED. (ad) (Entered: 10/04/2012)
2012-10-15	7	STATUS REPORT Joint Proposed Schedule by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(McCall, Ginger) (Entered: 10/15/2012)
2012-10-16		MINUTE ORDER adopting the parties' 7 proposed briefing and production schedule. Defendants' first document production shall be completed on or before December 14, 2012, and final production of documents shall be completed on or before February 12, 2013. Defendants' Motion for Summary Judgment shall be due March 14, 2013, and Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be due April 17, 2013. Defendant's Reply and Opposition shall be due May 1, 2013, with Plaintiff's Reply due May 15, 2013. Signed by Judge James E. Boasberg on 10/16/12. (lcjeb3) (Entered: 10/16/2012)
2012-10-16	8	NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 10/16/2012)
2012-10-16		Set/Reset Deadlines: Defendants' first document production shall be completed on or before 12/14/2012; Final production of documents shall be completed on or before 2/12/2013; Defendants' Motion for Summary Judgment shall be due 3/14/2013; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be due 4/17/2013; Defendant's Reply and Opposition shall be due 5/01/2013; Plaintiff's Reply due 5/15/2013. (ad) (Entered: 10/16/2012)
2013-02-08	9	Unopposed MOTION for Extension of Time to by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Soskin, Eric) (Entered: 02/08/2013)
2013-02-08		MINUTE ORDER granting Defendant's Unopposed 9 Motion for Extension of Time. The Court hereby ORDERS that the following schedule will govern further proceedings: Defendant's second production of documents is due February 12, 2013, and Defendant's final production is due March 12, 2013. Defendant shall file its Motion for Summary Judgment on or before April 11, 2013; Plaintiff shall file its Opposition and Cross-Motion on or before May 15, 2013. Defendant's Reply and Opposition shall be filed no later than May 29, 2013, and Plaintiff's Reply shall be filed no later than June 12, 2013. Signed by Judge James E. Boasberg on 2/8/2013. (lcjeb3) (Entered: 02/08/2013)
2013-02-11		Set/Reset Deadlines: Defendant's second production of documents is due 2/12/2013, and Defendant's final production is due 3/12/2013. Defendant shall file its Motion for Summary Judgment on or before 4/11/2013; Plaintiff shall file its Opposition and Cross-Motion on or before 5/15/2013; Defendant's Reply and Opposition shall be filed no later than 5/29/2013; and Plaintiff's Reply shall be filed no later than 6/12/2013. (ad) (Entered: 02/11/2013)
2013-02-11		ENTERED IN ERROR.....Set/Reset Deadline: Defendant shall file its response on or before 4/15/2013. (ad) Modified on 2/11/2013 (ad). (Entered: 02/11/2013)
2013-02-11		NOTICE OF CORRECTED DOCKET ENTRY: re Set/Reset Deadline: Defendant shall file its response on or before 4/15/2013, was entered in error because the Set/Reset Deadline was entered in the incorrect case. (ad) (Entered: 02/11/2013)
2013-04-01	10	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Soskin, Eric) (Entered: 04/01/2013)
2013-04-03		MINUTE ORDER granting 10 Motion for Extension of Time. The Court hereby ORDERS that Defendant shall file its Motion for Summary Judgment on or before May 10, 2013. Signed by Judge James E. Boasberg on 4/3/2013. (lcjeb3) (Entered: 04/03/2013)
2013-04-03		Set/Reset Deadline: Defendant shall file its Motion for Summary Judgment on or before 5/10/2013. (ad) (Entered: 04/03/2013)
2013-05-10	11	MOTION for Summary Judgment by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Exhibit Exhibit 1 - Declaration of Mark Ewing, # 2 Exhibit Exhibit 1 - Ewing Declaration - Exhibits A-C, # 3 Exhibit Exhibit 1 - Ewing Declaration - Exhibits D-F, # 4 Exhibit Exhibit 1 - Ewing Declaration - Exhibits G-I, # 5 Exhibit Exhibit 1 - Ewing Declaration - Exhibits J-L, # 6 Exhibit Exhibit 1 - Ewing Declaration - Exhibits M-O, # 7 Exhibit Exhibit 2, # 8 Text of Proposed Order Proposed Order)(Soskin, Eric) (Entered: 05/10/2013)
2013-06-14		MINUTE ORDER: In accordance with the parties' joint 10 Motion, the Court hereby ORDERS that the following schedule shall govern further proceedings in this matter: (1) Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment shall be due June 14, 2013; (2) Defendant's Opposition and Reply shall be due June 28, 2013; and (3) Plaintiff's Reply shall be due July 12, 2013. Signed by Judge James E. Boasberg on 6/14/2013. (lcjeb3) (Entered: 06/14/2013)
2013-06-14		Set/Reset Deadlines: Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment shall be due 6/14/2013; Defendant's Opposition and Reply shall be due 6/28/2013; Plaintiff's Reply shall be due 7/12/2013. (ad) (Entered: 06/14/2013)
2013-06-14	12	(STRICKEN PURSUANT TO ORDER MINUTE ORDER FILED 9/19/13). . . . . FILEDCross MOTION for Summary Judgment Combined Cross Motion/Opposition by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support)(McCall, Ginger) Modified on 9/20/2013 (td, ). (Entered: 06/14/2013)
2013-06-14	13	Memorandum in opposition to re 11 MOTION for Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER; (See Docket Entry no. 12 to view document) (td, ) (Entered: 06/17/2013)
2013-06-17		NOTICE OF ERROR re 12 Motion for Summary Judgment; emailed to mccall@epic.org, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Do not refile. Opposition has been filed. Counsel is reminded to file all events for multiple parts (td, ) (Entered: 06/17/2013)
2013-06-28	14	MOTION to Strike 12 Cross MOTION for Summary Judgment Combined Cross Motion/Opposition Memorandum in Support, Part II and Motion to Stay Briefing by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Soskin, Eric) (Entered: 06/28/2013)
2013-06-28	15	REPLY to opposition to motion re 12 Cross MOTION for Summary Judgment Combined Cross Motion/Opposition , 11 MOTION for Summary Judgment filed by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Soskin, Eric) (Entered: 06/28/2013)
2013-07-12	16	Opposition to motion re 11 , 15 MOTION for Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER. (McCall, Ginger) Modified event and added linkage on 7/15/2013 (td, ). (Entered: 07/12/2013)
2013-07-12	17	MEMORANDUM in support re 12 Cross MOTION for Summary Judgment Combined Cross Motion/Opposition filed by ELECTRONIC PRIVACY INFORMATION CENTER by ELECTRONIC PRIVACY INFORMATION CENTER; (See Docket Entry No. 16 to view document) (td, ) (Entered: 07/15/2013)
2013-08-02	18	NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Ginger P. McCall terminated. (McCall, Ginger) (Entered: 08/02/2013)
2013-09-19		MINUTE ORDER: Defendant has moved to strike as premature the portion of Plaintiff's brief seeking attorney fees. As Plaintiff has never opposed this Motion and as the Court agrees it is too early to consider the issue, the Court ORDERS that the 14 Motion to Strike is GRANTED without prejudice for Plaintiff to renew its request after the Court has ruled on the merits. Signed by Judge James E. Boasberg on 9/19/13. (lcjeb1) (Entered: 09/19/2013)
2013-09-19		MINUTE ORDER: The Court ORDERS that by September 24, 2013, Defendant shall provide for the Court's in camera review the 21 documents (totaling 38 pages) that it has withheld in full. Signed by Judge James E. Boasberg on 9/19/13. (lcjeb1) (Entered: 09/19/2013)
2013-09-20		Set/Reset Deadline: By 9/24/2013, Defendant shall provide for the Court's in camera review the 21 documents (totaling 38 pages) that it has withheld in full. (ad) (Entered: 09/20/2013)
2013-09-24	19	NOTICE of In Camera Submission by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Soskin, Eric) (Entered: 09/24/2013)
2013-10-04	20	ENTERED IN ERROR.....MINUTE ORDER: As discussed at today's status conference, the following briefing schedule shall govern further proceedings in this case: (1) Defendant shall file a Motion for Summary Judgment on or before November 4, 2013; (2) Plaintiff shall file a Motion in Opposition on or before November 25, 2013; and (3) Defendant shall file a Reply on or before December 9, 2013. Signed by Judge James E. Boasberg on 10/4/2013. (lcjeb3) Modified on 10/4/2013 (ad). (Entered: 10/04/2013)
2013-10-04		ENTERED IN ERROR.....Set/Reset Deadlines: Defendant shall file a Motion for Summary Judgment on or before 11/04/2013; Plaintiff shall file a Motion in Opposition on or before 11/25/2013; Defendant shall file a Reply on or before 12/09/2013. (ad) Modified on 10/4/2013 (ad). (Entered: 10/04/2013)
2013-10-04		NOTICE OF CORRECTED DOCKET ENTRY: re 20 Minute Order and Set/Reset Deadlines was entered in the incorrect case, please disregard 20 Minute Order and Set/Reset Deadlines. (ad) (Entered: 10/04/2013)
2013-10-09	21	ORDER GRANTING Defendant's 11 Motion for Summary Judgment and DENYING Plaintiff's 12 Cross-Motion. The Court ORDERS that judgment is entered in favor of Defendant. Signed by Judge James E. Boasberg on 10/9/13. (lcjeb1) (Entered: 10/09/2013)
2013-10-09	22	MEMORANDUM OPINION re 21 Order on Cross-Motions for Summary Judgment. Signed by Judge James E. Boasberg on 10/9/13. (lcjeb1) (Entered: 10/09/2013)
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