A federal judge has issued an opinion in EPIC v. NSA, and accepted the NSA's claim that it can "neither confirm nor deny" that it had entered into a relationship with Google following the China hacking incident in January 2010. EPIC had sought documents under the FOIA because such an agreement could reveal that the NSA is developing technical standards that would enable greater surveillance of Internet users. The "Glomar response," to neither confirm nor deny, is a controversial legal doctrine that allows agencies to conceal the existence of records that might otherwise be subject to public disclosure. EPIC plans to appeal this decision. EPIC is also litigating to obtain the National Security Presidential Directive that sets out the NSA's cyber security authority. And EPIC is seeking from the NSA information about Internet vulnerability assessments, the Director's classified views on how the NSA's practices impact Internet privacy, and the NSA's "Perfect Citizen" program.
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Communications Law and Policy
Jerry Kang and Alan Butler