N.Y. Times Co. v. NSA

Action was brought against the NSA challenging three redactions based in two reports relating to the PR/TT program. Id. at 376. The NSA declaration indicated that FOIA Exemption 1 applied to these redactions because disclosure would reveal capabilities of and limitations of the program, including operational details, technical means, analytic tools, and methodologies, thus risking ongoing efforts with current NSA collection methods while potentially giving other adversaries the means to develop collection programs which could be used against the U.S. Id. at 379. NSA also attested that this information consisted of technical aspects and procedures under § 702 which are so granular as to reveal the sophistication of the SIGINT system and aid efforts to implement countermeasures. Id. The Court found these explanations logical, plausible, and containing the requisite detail to carry the burden of proving applicability of Exemption 1. Id. at 383-85.

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