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June 2, 2003 Vol. 4 No. 11:   


Published: 06/02/2003

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National Security Agency's FOIA Exemption Moves Through Congress

Two dozen public interest and journalism groups objected to provisions in defense and intelligence authorization bills that would expand the zone of secrecy around the federal government's intelligence-gathering operations.


The National Security Agency is seeking an blanket exemption for "operational files" from search, review and disclosure provisions of the Freedom of Information Act (FOIA).

In an example of "exemption envy," in one observer's words, the NSA is using an exemption specifically crafted for the Central Intelligence Agency as a model to further veil its operations out of the public eye. In the letter to members of Congress, the two dozen groups representing newspaper editors, reporters, historians, good government groups, and privacy and environmental advocates noted that NSA had not substantiated their claim that further exemptions from FOIA were needed.

FOIA already allows information to be withheld from the public out of concern for national security, foreign relations, and sources and methods of intelligence-gathering.

The language is contained in the defense authorization bills in both the House ( S. 1050, Sec. 1035).