NSA: Releasing Snowden Emails Would Violate His Privacy
Surveillance agency says publishing more Snowden messages would be a 'clearly unwarranted invasion of personal privacy.'
Whistleblower Edward Snowden speaks to European officials via video conference during a parliamentary hearing on mass surveillance at the European Council in Strasbourg, France, on April 8, 2014
The National Security Agency says it can’t release emails sent by exiled whistleblower Edward Snowden to NSA officials because doing so would invade his personal privacy.
That rationale was one of several given to journalist Matthew Keys, formerly social media editor at Reuters, in response to a Freedom of Information Act request that sought emails sent from ejsnowd@nsa.ic.gov in the first five months of 2013.
Keys published the NSA’s response on Thursday. The NSA’s FOIA office, which is dealing with a significant backlog, could not immediately supply a copy to U.S. News.
Snowden has said repeatedly he raised concerns internally when he worked as an NSA contractor before he decided to leak documents that exposed the agency’s sweeping – and arguably illegal – surveillance programs.
In May the NSA released one email from Snowden, in which he inquired about the relative power of executive orders and laws.
“The email did not raise allegations or concerns about wrongdoing or abuse,” the NSA said in a release. The agency said it found no emails from Snowden that expressed “other concerns or whistleblower allegations.”
Snowden condemned the release of that email as a “clearly tailored and incomplete leak,” telling The Washington Post, “The fact is that I did raise such concerns both verbally and in writing, and on multiple, continuing occasions – as I have always said, and as NSA has always denied.”
Keys’ FOIA request sought documents that might support Snowden’s claim. Instead, he received the already-released email and a list of overlapping exemptions, among those the claim that Snowden’s privacy must be protected.
“The sixth exemption of the FOIA … protects from disclosure information which would constitute a clearly unwarranted invasion of personal privacy,” the response said. “In balancing the public interest for the information you request against the privacy interests involved, we have determined that the privacy interests sufficiently satisfy the requirements for the application of the (b)(6) exemption.”
It’s unclear if the NSA asked Snowden for his opinion.
Ben Wizner, an attorney with the American Civil Liberties Union representing Snowden, did not immediately respond to a request for comment.
This isn't the first time the NSA has invoked Snowden's privacy interests in refusing a FOIA request. In June 2013 the agency rejected a more expansive request from Michael Morisy of MuckRock with similar language. Morisy sought Snowden's employment records and emails mentioning him, whereas Keys only sought emails sent from the former contractor.
In its response to Keys the NSA cited other FOIA exemptions, saying the emails were also protected from release because they were compiled for law enforcement purposes.
“This includes information that, if released, could interfere with enforcement proceedings, could cause an unwarranted invasion of personal privacy, could reveal the identities of confidential sources, or would reveal law enforcement techniques and procedures,” the response said.
Additionally, “[s]ome of the withheld information was also found to be currently and properly classified” and some of the documents contain either names of intelligence employees or information concerning the agency’s activities, the response said.
Keys wrote that he intends to appeal the denial. NSA spokeswoman Vanee Vines didn’t respond to a request for comment about whether any Snowden emails are currently being reviewed for declassification.
