Filed Date: Nov. 17, 2016
Closed Date: Dec. 11, 2017
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On November 11, 2016, the American Civil Liberties Union and its Foundation filed an action in the U.S. District Court for the Southern District of New York under the Freedom of Information Act (FOIA), seeking the processing and release of agency records from the National Security Agency (NSA), Office of the Director of National Intelligence (DNI), U.S. Department of Justice (DOJ), and Central Intelligence Agency (CIA). The plaintiffs alleged that the defendants failed to respond to the plaintiffs’ FOIA Request submitted on September 14, 2016, which sought records containing information on the government’s warrantless surveillance programs operated under Section 702 of the Foreign Intelligence Surveillance Act. The plaintiffs sought an injunction requiring the defendants to process the request immediately and an order enjoining the defendants from assessing fees for this processing. The plaintiffs also requested attorneys’ fees.
Specifically, the plaintiffs alleged that because Congress was considering whether to reauthorize Section 702 when it expired in 2017, the timely disclosure of these records was critical to the public debate about the authority’s lawfulness. Therefore, the plaintiff sought information about the breadth of Section 702 surveillance and its policies and procedures, including the number of communications involving Americans that were subject to surveillance and rules setting the bounds of the surveillance. The plaintiffs specifically requested each individual agency’s current targeting procedures and minimization procedures addressing Section 702 surveillance and its use to investigate or prosecute individual Americans.
On January 13, 2017, the defendants filed an answer to the complaint admitting that they had not completed review of the plaintiffs' request but denying that the plaintiffs were entitled to relief. The defendants asserted that they had exercised due diligence in processing the request and that exceptional circumstances necessitated additional time to process it. Alternatively, the defendants argued that the information requested was exempt in whole or in part under FOIA, and that the Court lacked subject matter jurisdiction over the request for relief exceeding FOIA's statutory relief.
On February 8, 2017, Richard M. Berman ordered the defendants to search for, process, and release non-exempt documents and set required release dates. As of September 17, 2017, the defendants had completed their production of partially or fully non-exempt documents in response to the plaintiff’s FOIA request. The parties then began settlement negotiations that involved the plaintiff’s request for attorneys’ fees and litigation costs.
On December 11, 2017, Judge Berman dismissed this case with prejudice due to a settlement agreement. NSA agreed to pay the plaintiff $11,000; CIA $6,500; National Security Division $6,500; FBI $6,500; and ODNI $4,500. The settlement amount totaled $35,000. The court retained jurisdiction over any issues relating to this order, but the case is now closed.
Summary Authors
Sichun Liu (5/23/2019)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13444130/parties/american-civil-liberties-union-v-national-security-agency/
Berman, Richard M. (New York)
Diakun, Anna Natalia (New York)
Gorski, Ashley (New York)
Jones, David S (New York)
Onozawa, Tomoko (New York)
See docket on RECAP: https://www.courtlistener.com/docket/13444130/american-civil-liberties-union-v-national-security-agency/
Last updated Dec. 17, 2024, 1:13 p.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)
Key Dates
Filing Date: Nov. 17, 2016
Closing Date: Dec. 11, 2017
Case Ongoing: No
Plaintiffs
Plaintiff Description:
American Civil Liberties Union
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
National Security Agency, Federal
Office of the Director of National Intelligence, Federal
United States Department of Justice, Federal
Central Intelligence Agency, Federal
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Freedom of Information Act (FOIA), 5 U.S.C. § 552
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Amount Defendant Pays: 35,000
Issues
General/Misc.: