EPIC has filed a Freedom of Information Act request with the Department of Justice Office of Legal Counsel, seeking documents explaining the DOJ's legal authority to search the electronic communications of reporters. Following news reports that the DOJ seized the telephone records of the Associated Press, EPIC's request seeks to discover the legal basis for the action as well as whether the DOJ could obtain the email or text messaging records of journalists. In 2005, EPIC filed the first FOIA request concerning the government's "warrantless wiretapping". EPIC eventually obtained emails and a memo (pdf) from a former high-level Justice Department official expressing doubt about the government's argument in favor of the legality of the program. EPIC also obtained internal messages (pdf) from the NSA's director to agency staff, defending the NSA's warrantless eavesdropping and discouraging employees from discussing the issue with the news media. For more information, see EPIC: Open Government, EPIC: New York Times v. DOJ.
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by Ryan Calo, A. Michael Froomkin,