Case 1:12-cv-00127-BJR Document 40 Filed 03/04/15 Page 9 of 22 burdensome”). Accordingly, the Court grants Plaintiff’s motion insofar as it challenges the adequacy of NSD’s search. 6 2. FBI’s Search was Adequate FBI searched its Central Record System (“CRS”) – the main database used by the FBI to organize its files – using the search term “WikiLeaks.” 1st Hardy Decl. ¶ 19. Generally, the CRS may be searched by inserting a key word and locating it among the main subject files, or one can perform a cross-reference search that locates any subject file merely mentioning the key term, regardless of whether or not the title of that file includes that term. Id. ¶ 12. The FBI’s initial CRS searched only the main subject files for the term “WikiLeaks.” Id. ¶ 18. After this search proved unsuccessful, the FBI conducted a cross-reference search and found a file that contained the term WikiLeaks. Id. ¶ 19. The FBI contacted the case agents associated with this file and asked them whether their files contained information responsive to EPIC’s FOIA request. Specifically, the FBI inquired about “all records regarding any individual targeted for surveillance for support for or interest in WikiLeaks,” any “lists of names of individuals who have supported or shown interest in WikiLeaks,” as well as any “communications with internet, social media, and financial services companies regarding ‘lists of individuals who have demonstrated ... support for or interest in WikiLeaks.’” Id. ¶ 19. After consultations with the case agents, “the FBI identified investigative files that likely contain information responsive to [EPIC’s] FOIA request.” Id. The FBI clarifies that it is not investigating individuals who “simply support or have an interest in WikiLeaks,” and that it does not “maintain lists or individuals who have demonstrated support for or interest in WikiLeaks.” 6 The Court will not consider whether exemptions apply to NSD until an adequate search is conducted. 9

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