Federal Court: DHS Failed to Justify Withholdings in Defense Contractor Monitoring FOIA Case

In EPIC v. DHS, a federal district court ruled that the Department of Homeland Security failed to justify withholding documents subject to the Freedom of Information Act. EPIC sued DHS to compel the disclosure of records relating to a cybersecurity program designed to monitor traffic flowing through ISPs to a select number of defense contractors. The court concluded that the agency's argument relied on "a weak assumption," but will allow the agency to submit a revised justification for withholding the records. EPIC previously won a five-year legal battle to release NSPD-54, the foundational legal document for U.S. cybersecurity policies.


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