Misc. 13-03 Response of the United States (FISC 2013)

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This opinion or order relates to an opinion or order originally issued on June 18, 2013.

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• • r""- -. ' , ... t . . . . ' UNITED STATES .' zr: Pli FOREIGN INTELLIGENCE SURVEILLANCE1C~TJ WASHINGTON, D.C. IN RE MOTION FOR DECLATORY JUDGMENT OF A FIRST AMENDMENT RIGHT TO PUBLISH AGGREGATE INFORMATION ABOUT FISA ORDERS ) ) ) ) 1# ...( __ • • _.,. .... t1: • 39 .t Docket No. Misc. 13-03 RESPONSE OF THE UNITED STATES TO THE COURT'S ORDER DATED JUNE 20, 2013 JOHN P. CARLIN Acting Assistant Attorney General for National Security TASHINAGAUHAR Deputy Assistant Attorney General JEFFREY M. SMITH NICHOLAS J. PATTERSON U.S. Department of Justice National Security Division 950 Pennsylvania Ave., N.W. Washington, D~C. 20530 Phone: (202) 514-5600 Fax: (202) 514-8053 Atto!lleys for the United States of America On June 18, 2013, Google filed a Motion for Declaratory Judgment in the abovecaptioned matter. By order dated June 20, 2013, this Court provided the Government until June 25, 2013, to respond in writing with an assessment as to whether said motion contains classified information, potentially classified information, or information that is or should be sealed. The motion does not contain information that is now classified, nor information that should be held under seal, and the Government thus has no objection to its public posting. This determination has been made on the basis of the contents of this particular motion and the facts as they relate specifically to Google, including public statements the Government has made in response to the unauthorized disclosure of previously classified information. The Government will submit its substantive response to the motion no later than July 9, 2013. June 25, 2013 Respectfully submitted, JOHN P. CARLIN Acting Assistant Attorney General for National Security TASHINA GAUHAR Deputy Assistant Attorney General JEFFREY M. SMITH NICHOLAS J. PATTERSON U.S. Department of Justice National Security Division 950 Pennsylvania Ave., N.W. Washington, D.C. 20530 Phone: (202) 514-5600 Fax: (202) 514-8053 Attorneys for the United States of America CERTIFICATE OF SERVICE I hereby certify that a true copy of the Response of the United States to the Court's Order Dated June 20, 2013 was served via Federal Express and email on this 25th day of June, 2013, addressed to: Albert Gidari Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 9810 I /JMIJA,J. ~ Nicholas J. Patterson

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