NSA Assures ABA It’s ‘Firmly Committed’ To Protecting Attorney-Client Privilege

The outgoing head of the National Security Agency sought to reassure U.S. lawyers that confidential attorney-client information collected during agency surveillance missions were protected by policy and legal safeguards. Gen. Keith Alexander was responding to American Bar Association president James Silkenat, who in a letter asked for a clarification of NSA policy after documents leaked by whistleblower Edward Snowden indicated Australia offered to share conversations between an American law firm and its Indonesian clients.

“NSA is firmly committed to the rule of law and the bedrock legal principle of attorney-client privilege,” Alexander wrote in the March 10 letter. “NSA has afforded, and will continue to afford, appropriate protection to privileged attorney-client communications acquired during its lawful foreign intelligence mission.”

As to the allegations of Australia offering the U.S. agency privileged information, Alexander said “it is not possible to address press reports,” but added that not commenting also kept him from pointing out “the absence of critical factual information in any such reports.”

“The American Bar Association appreciates the NSA’s expression of respect for the attorney-client privilege and looks forward to continuing a constructive dialogue with the NSA to ensure that American lawyers and their clients have confidence that their privileged communications are appropriately protected,” the ABA’s Silkenat responded in a statement.