Filed Date: June 9, 2014
Closed Date: 2015
Clearinghouse coding complete
On June 9, 2014, a complaint was filed by the Competitive Enterprise Institute (CEI) against the National Security Agency (NSA) in the U.S. District Court for the District of Columbia for failing to fulfill two Freedom of Information Act requests for records pertaining to the conduct of the EPA.
The case was filed after the NSA issued a Glomar response, in which it declined to provide the requested information, and instead refused to confirm or deny that it possessed the request records.
According to the complaint, this lawsuit stems from repeated incidents of the EPA circumventing federal recordkeeping laws by using personal devices, including email accounts and text messages, to conduct work-related correspondence and otherwise federal business. As revealed by its Inspect General, NSA is known to have a program to collect metadata from telephone, text message and email records from certain telephony carriers including Verizon. CEI requested the copies of all text message data, and particularly all metadata of text messaging activity using Verizon voice and/or data accounts in NSA’s possession.
On September 5, 2014, defendant filed for summary judgment.
In response, the plaintiffs argued that NSA has waived its right to issue such a response by its previous official acknowledgment that it has the records they seek. The judge found that despite their FOIA requests for email and text records, the plaintiffs failed to identify any evidence showing that the NSA actually collects this information on a widespread basis.
On January 13, 2015, the court granted summary judgment in favor of the defendant. The court stated that plaintiffs failed to point to concrete evidence showing that the NSA has actually admitted this fact.
The court entered a judgment for the defendant on the same day. The case is closed.
Summary Authors
Ginny Lee (2/10/2017)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4498009/parties/competitive-enterprise-institute-v-united-states-national-security-agency/
Boasberg, James Emanuel (District of Columbia)
Bader, Hans F. (District of Columbia)
Dewey, Samuel Everett (District of Columbia)
Gustafson, Adam R.F. (District of Columbia)
Coleman, Lisa Kay (New York)
Boasberg, James Emanuel (District of Columbia)
Bader, Hans F. (District of Columbia)
Dewey, Samuel Everett (District of Columbia)
Gustafson, Adam R.F. (District of Columbia)
Hardin, Matthew D. (District of Columbia)
Horner, Christoper C. (Virginia)
Jacob, Gregory Frederick (District of Columbia)
Kazman, Sam (District of Columbia)
Mandelbaum, Chaim (District of Columbia)
Schnare, David W. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/4498009/competitive-enterprise-institute-v-united-states-national-security-agency/
Last updated March 6, 2024, 3:03 a.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 9, 2014
Closing Date: 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff CEI is a public policy research and educational institute dedicated to advancing responsible regulation and in particular economically sustainable environmental policy.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
US National Security Agency, Federal
Defendant Type(s):
Case Details
Causes of Action:
Freedom of Information Act (FOIA), 5 U.S.C. § 552
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Type of Facility: