EPIC Loses FOIA Appeal Against NSA

Today the U.S. Court of Appeals for the D.C. Circuit decided Electronic Information Privacy Center v. National Security Agency. Here’s the summary from the beginning of Judge Brown’s opinion for the court.

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’s Glomar response in the district court, and the parties cross-moved for summary judgment. The district court entered judgment for NSA, and EPIC appealed. We affirm.

UPDATE: BLT reports on the case here.