ELECTRONIC PRIVACY INFO. CTR. v. NAT. SEC. AGENCY

No. 11-5233.

678 F.3d 926 (2012)

ELECTRONIC PRIVACY INFORMATION CENTER, Appellant v. NATIONAL SECURITY AGENCY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 2012.


Attorney(s) appearing for the Case

Marc Rotenberg argued the cause for appellant. With him on the briefs was John Verdi.

Catherine Y. Hancock , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Tony West , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Douglas N. Letter , Attorney.

Opinion for the Court filed by Circuit Judge BROWN.


BROWN, Circuit Judge:

Plaintiff-appellant Electronic Privacy Information Center ("EPIC") filed a Freedom of Information Act ("FOIA") request with the National Security Agency ("NSA") seeking disclosure of any communications between NSA and Google, Inc. regarding encryption and cyber security. NSA issued a Glomar response pursuant to FOIA Exemption 3, indicating that it could neither confirm nor deny the existence of any responsive records. EPIC challenged NSA...

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