EPIC has filed a notice of appeal in EPIC v. NSA, a recent court decision that allowed the National Security Agency to neither confirm or deny the existence of government records EPIC sought under the Freedom of Information Act. EPIC is seeking information about the relationship between Google and the NSA, which could reveal that the NSA is developing technical standards that would enable greater surveillance of Internet users. The NSA provided a "Glomar Response," a controversial legal claim that allows federal agencies to conceal the existence of records that might otherwise be subject to public disclosure. In related FOIA matters, EPIC is also seeking government documents relating to the NSA's cybersecurity authority and the NSA's "Perfect Citizen" program. For more information, see EPIC: Open Government.
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Communications Law and Policy
Jerry Kang and Alan Butler