In a Freedom of Information Act (FOIA) action involving information on discussions between telecommunications carriers and the government over the carriers’ potential liability for participating in the National Security Agency’s post-9/11 warrantless, electronic surveillance program, summary judgment for plaintiff is affirmed in part where FOIA Exemption 6 did not protect the information sought because there was a strong public interest in disclosure of the identity of individuals who contacted the government to protect telecommunications companies from legal liability for their role in government surveillance activities. However, the judgment is vacated in part where: 1) the district court did not address FOIA Exemption 3 due to confusion in the parties’ summary judgment briefing; and 2) the district court failed to make a fact-specific inquiry regarding the applicability of FOIA Exemption 5.
Read Electronic Frontier Found. v. Office of the Dir. of Nat’l Intelligence, No. 09-17235
Appellate Information
Argued and Submitted January 12, 2010
Filed February 9, 2010
Judges
Opinion by Judge Hawkins
Counsel
For Appellants:
Douglas N. Letter and Scott McIntosh, United States Department of Justice, Civil Division, Washington, DC
For Appellee:
Marcia Hofmann, San Francisco, CA
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