Electronic Privacy Information Center v. National Security Agency, et al.,

Memorandum Opinion


EPIC v. NSA: FOIA Suit for Cybersecurity Authority Will Move Forward, though National Security Council Remains a "FOIA-Free Zone"

A District of Columbia federal court ordered an EPIC lawsuit against the National Security Agency to proceed, holding that EPIC can "pursue its claim against the NSA for wrongfully withholding an agency record in its possession." EPIC's Freedom of Information Act suit seeks disclosure of National Security Presidential Directive 54 - the document that provides the legal basis for the NSA's cybersecurity activities. The NSA failed to disclose the document in response to EPIC's FOIA request, instead forwarding the request to the National Security Council. The Court held that the NSC is not subject to FOIA, but that the NSA's transfer of EPIC's request does not absolve the agency of its responsibility to respond to EPIC.

Please see full memorandum opinion below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | Federal, D.C. Circuit, Federal Admin Agencies | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Electronic Privacy Information Center | Attorney Advertising

Written by:


Electronic Privacy Information Center on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.