Case 1:12-cv-00127-BJR Document 40 Filed 03/04/15 Page 3 of 22 have demonstrated, through advocacy or other means, support for or interest in WikiLeaks; and 4. All records of any agency communications with financial services companies including, but not limited to Visa, MasterCard, and PayPal, regarding lists of individuals who have demonstrated, through monetary donations or other means, support or interest in WikiLeaks. Defs.’ Mot., Exs. 1A, 3-1, 5-1. Each of the agencies responded to EPIC’s FOIA requests separately. CRM requested more specification on the subject matter and time frame of desired records. Defs.’ Mot. Summ. J. Ex 5, App. 2. After receiving clarification, CRM responded that it had not yet conducted a search but that any responsive records would not be disclosed pursuant to Exemptions 6 and 7(c). Id., Ex. 5, App. 4. Meanwhile, NSD responded that it was withholding responsive records pursuant to Exemption 7(a). Id., Ex. 3-2. Lastly, FBI stated that it had searched “the indices to [its] Central Records System” using the term WikiLeaks and was “unable to identify responsive main file records.” Id., Ex. 1B (internal quotation marks omitted). In a subsequent search of its Central Records System (“CRS”), the FBI identified “investigative files that likely contain information responsive to [P]laintiff’s FOIA request.” Id., Ex. 1 (“1st Hardy Decl.”) ¶ 19. 1 The FBI withheld these potentially responsive records pursuant to Exemption 7(A). Id. ¶ 20. Unsatisfied with the agencies’ responses, EPIC filed this lawsuit, seeking review of the adequacy of the FBI and NSD’s searches and each of the agency’s decision to withhold the responsive documents. See generally Compl. The parties filed cross-motions for summary judgment. Dkt. Nos. 12, 15. In support of its motion, Defendants filed public and ex parte 1 David M. Hardy is the Section Chief of the Record/Information Dissemination Section, Records Management Division at the FBI. 1st Hardy Decl. ¶ 1. 3

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