The Washington based advocacy group Electronic Privacy Information Center sued in federal district court here to obtain documents about any such agreement between the Internet search giant and the security agency.
The NSA responded to the suit with a so-called “Glomar” response in which the agency said it could neither confirm nor deny whether any responsive records exist. U.S. District Judge Richard Leon in Washington sided with the government last July.
DOJ’s legal team said that acknowledging whether NSA and Google formed a partnership from a cyber attack would illuminate whether the government “considered the alleged attack to be of consequence for critical U.S. government information systems.”
NSA said it cannot provide documents—or confirm their existence—because the information would alert adversaries about the security agency’s priorities, threat assessments and countermeasures.