The National Security Agency has responded to a Freedom of Information Act Request from EPIC, seeking the public release of Presidential Policy Directive 20. The Directive, first reported by the Washington Post, is believed to expand the NSA's cybersecurity authority. In response to EPIC, the NSA argued that the Agency does not have to release the document because it is a confidential presidential communication and it is classified by the NSA. EPIC is litigating similar claims against the NSA, including the release of NSPD 54, a 2008 presidential directive setting out the NSA’s cybersecurity authority. In an official statement to Congress earlier this year, EPIC explained that the NSA was a “black hole for public information about cybersecurity.” EPIC plans to appeal the NSA's determination. For more information, see EPIC: Cybersecurity Privacy Practical Implications, EPIC: EPIC v. NSA - Cybersecurity Authority.
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Communications Law and Policy
Jerry Kang and Alan Butler