United States Ninth Circuit

In a Freedom of Information Act (FOIA) action involving information on discussions between telecommunications carriers and the government over the carriers' potential liability for participating in the National Security Agency's post-9/11 warrantless, electronic surveillance program, summary judgment for plaintiff is affirmed in part where FOIA Exemption 6 did not protect the information sought because there was a strong public interest in disclosure of the identity of individuals who contacted the government to protect telecommunications companies from legal liability for their role in government surveillance activities. However, the judgment is vacated in part where: 1) the district court did not address FOIA Exemption 3 due to confusion in the parties' summary judgment briefing; and 2) the district court failed to make a fact-specific inquiry regarding the applicability of FOIA Exemption 5.

Appellate Information

• Argued 01/12/2010
• Decided 02/09/2010
• Published 02/09/2010

Judges

• Before MYRON H. BRIGHT,MICHAEL DALY HAWKINS, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Douglas N. Letter and Scott McIntosh, United States Department of Justice, Civil Division, Washington, D.C., for the defendants-appellants., Marcia Hofmann, San Francisco, CA, for the plaintiff-appellee.