Case 1:12-cv-00127-BJR Document 40 Filed 03/04/15 Page 2 of 22
demonstrate that its search was adequate, the Court denies NSD’s motion for summary judgment
and grants Plaintiff’s Cross-Motion in this regard.
II. BACKGROUND
On November 28, 2010, WikiLeaks published numerous classified United States
government documents that had been provided to it by Private Bradley Manning. The
Department of Justice immediately initiated an investigation into the possible unauthorized
released of classified information. Compl. ¶¶ 15-16; Defs.’ Mot. at.
As part of its investigation, the Government sought and obtained a court order compelling
the social networking website, Twitter, to disclose customer account information for five
individuals, including Manning, WikiLeaks spokesperson, Jacob Appelbaum, and WikiLeak’s
founder, Julian Assange. See United States v. Appelbaum, 707 F.3d 283, 287 (4th Cir. 2013).
Plaintiff suspects that other online services were served with similar court orders requesting
information on WikiLeaks supporters. Def.’s Mot., Ex. 1A at 3. Plaintiff also claims that “the
government began to target members, supporters, and associates of WikiLeaks and WikiLeaks’
sources.” In support for this claim, Plaintiff points to news articles on the FBI’s questioning of
Abbelbaum and David House, the creator of a website that supports Manning. Pl.’s Opp’n at 4.
On June 23, 2011, EPIC filed FOIA requests with each of the Defendants, seeking
records related to the Government’s investigation into WikiLeaks. Pl.’s Cross-Mot., Dkt. 15 at
5; Compl., Dkt. 1 at ¶¶ 30-32. Specifically, EPIC’s requested four categories of records:
1. All records regarding any individuals targeted for surveillance for support for or interest
in WikiLeaks;
2. All records regarding lists of names of individuals who have demonstrated support for or
interest in WikiLeaks;
3. All records of any agency communications with Internet and social media companies
including, but not limited to Facebook and Google, regarding lists of individuals who
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