U.S. authorities are not required to release any internal National Security Agency communications it had with Internet giant Google Inc. after a 2010 cyber attack in China, a federal appeals court ruled Friday. At issue was a Freedom of Information Act request from a private group over the suspected collaborative relationship between the public and private entities. The NSA said disclosure of any communications -- even with outside companies -- would threaten government information systems. The agency had given the Electronic Privacy Information Center a so-called "Glomar" response, in which the government refuses to confirm or deny the existence of any requested records. EPIC, a privacy and civil liberties group, made the FOIA submission weeks after the January 2010 cyberattack on Gmail accounts, primarily targeting Chinese human rights activists.
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Federal appeals court affirms protection of communications between Google and NSA
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NSA said disclosure would threaten government information systems
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Cyberattack is serious threat says former chairman of Joint Chiefs of Staff
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"Moreover, if private entities knew that any of their attempts to reach out to @placeholder could be made public through a FOIA request, they might hesitate or decline to contact the agency, thereby hindering its Information Assurance mission."
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"In reviewing an agency's @placeholder response, this court exercises caution when the information requested implicates national security, a uniquely executive purview," said Brown.