Some semi-good news to report here. EPIC (Electronic Privacy Information Center) has received a settlement from the NSA in its long-running lawsuit (dating back to late 2012) against the agency for its withholding of documents related Presidential Directive 54, a national security directive on cybersecurity.
It's a partial victory, but there's still more at stake, as EPIC's post points out.
EPIC received some of the documents as a result of the lawsuit, "substantially prevailing" under the FOIA, and prompting the NSA to make a settlement offer to EPIC. As a consequence, EPIC will receive attorneys fees from the NSA. EPIC is simultaneously appealing the lower court's determination that NSPD-54 is not an "agency record" subject to the FOIA. It was the first time a federal court has ruled that a Presidential Directive is not subject to the Freedom of Information Act.
The problem with "first times" is that they almost inevitably lead to more incidents. If this decision is upheld, the government will now have one more way to dodge FOIA requests on secret directives. Continue>>>