NSA surveillance policies raise questions about the viability of the attorney-client privilege
The NSA responded to Silkenat on March 10 in a letter (PDF) from Alexander that expressed the agency’s own commitment to “the bedrock legal principle of attorney-client privilege” while appearing to acknowledge that there have been cases in which privileged communications between attorneys and clients have become available to the agency. “Given the inevitability of incidental collection of U.S. person information during the course of NSA’s lawful foreign intelligence mission—to include potentially privileged information—the issue…