After almost five years, EPIC has obtained National Security Presidential Directive 54. The previously classified Presidential Directive contains the full text of the Comprehensive National Cybersecurity Initiative and "establishes United States policy, strategy, guidelines, and implementation actions to secure cyberspace." This Directive, which is the foundational legal document for all cybersecurity policies in the United States, evidences government efforts to enlist private sector companies, more broadly monitor Internet activity, and develop offensive cybersecurity capability. EPIC first sought public release of NSPD-54 with a Freedom of Information Act request, submitted to NSA in June 2009. After the agency failed to disclose the document, EPIC filed suit. When a federal district court ruled in 2013 that the Presidential Directive was not subject to the Freedom of Information Act, EPIC then filed an appeal with the DC Circuit Court of Appeals. The document has now been disclosed to EPIC. The case is EPIC v. NSA, a Freedom of Information Act lawsuit in D.C. Circuit Court. EPIC has several related FOIA cases with the NSA pending in federal court. For more information see EPIC - EPIC v. NSA (Cybersecurity Authority).
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Communications Law and Policy
Jerry Kang and Alan Butler