--- title: "Bar Association Raises Concerns About NSA Spying Efforts" id: "21876" type: "post" slug: "bar-association-raises-concerns-about-nsa-spying-efforts" published_at: "2014-02-26T22:02:51+00:00" modified_at: "2026-03-16T03:41:44+00:00" url: "https://associationsnow.com/2014/02/26/bar-association-raises-concerns-about-nsa-spying-efforts/" markdown_url: "https://associationsnow.com/2014/02/26/bar-association-raises-concerns-about-nsa-spying-efforts.md" excerpt: "The revelation that protected communications between an American law firm and the Indonesian government were intercepted by a foreign spy agency and shared with the NSA has the American Bar Association raising concerns about a threat to attorney-client privilege." taxonomy_category: - "Ethics" taxonomy_post_tag: - "AssociationsNow" - "Attorney-Client Privilege" - "Ethics" - "Leadership" - "Professional Association" - "surveillance" taxonomy_content_format: - "Article" taxonomy_role: - "Association CEO / Executive Director" - "Executive Team" taxonomy_persona: - "Executive Leadership" --- [Home](https://associationsnow.com/) » [Articles](https://associationsnow.com/format/article/) » Bar Association Raises Concerns About NSA Spying Efforts When a surveillance effort catches a privileged conversation between a lawyer and an overseas client, how does that affect the client’s legal rights? That’s a question the American Bar Association (ABA) wants to know the answer to. After a report that an Australian spy agency’s surveillance program gathered information from an American law firm that was passed on to the U.S. National Security Agency (NSA), the group is questioning how such a situation affects attorney-client privilege, one of the legal profession’s most important rights. More details: **The issue:** [As The New York Times reported earlier this month (opens in a new tab)](http://www.nytimes.com/2014/02/16/us/eavesdropping-ensnared-american-law-firm.html?_r=1) , a document leaked by former NSA contractor Edward Snowden appears to show that the Australian Signals Directorate, the NSA’s counterpart and information-sharing partner in that country, was conducting surveillance of communication between Indonesian government officials and an American law firm representing it in trade talks with the U.S. government. According to the document, the Australian agency offered to share the intelligence, noting that it was likely to include information covered by attorney-client privilege. The NSA counsel general’s office “provided clear guidance” on the issue, stating that the Australian agency was “able to continue to cover the talks, providing highly useful intelligence for interested U.S. customers.” **The ABA’s take:** In his letter to two top NSA officials, [ABA President James R. Silkenat argued (opens in a new tab)](http://www.americanbar.org/content/dam/aba/uncategorized/GAO/2014feb20_privilegedinformation_l.authcheckdam.pdf) [PDF] that surveillance of confidential communications between lawyers and their clients calls a “bedrock legal principle” into question. “The interception and sharing of attorney-client privileged communications by government agencies—or any third party—raises concerns, including chilling the full and frank discussion between lawyer and client that is essential for effective legal representation. Any government surveillance and interception of confidential communications between law firms and their clients threaten to seriously undermine and weaken the privilege, because as the U.S. Supreme Court noted in *Upjohn Co. v. United States* … ‘an uncertain privilege … is little better than no privilege at all.’” The association’s [rules of professional conduct state (opens in a new tab)](http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information.html) that lawyers should make reasonable efforts to protect clients from unauthorized information leaks. **Drawing support:** The ABA’s statement earned praise from the Electronic Frontier Foundation, which is closely monitoring the situation. [In a blog post (opens in a new tab)](https://www.eff.org/deeplinks/2014/02/legal-community-disturbed-about-recent-allegations-spying-privileged) , EFF’s Nadia Kayyali noted that the National Association of Criminal Defense Lawyers (NACDL) has actively opposed such surveillance—and Kayyali recommended the ABA follow their lead. “What is key here is that if the NSA does not respond to the ABA’s letter, the ABA must not stop asking for answers,” she wrote. “In fact, like NACDL, the ABA should go even further by pushing for legislative reform and by condemning unconstitutional NSA surveillance.” (iStock/Thinkstock) [Ernie Smith](https://associationsnow.com/author/ernie-smith/) Ernie Smith is a former senior editor for Associations Now. [More articles by this author](https://associationsnow.com/author/ernie-smith/) Tags: [#Attorney-Client Privilege](https://associationsnow.com/tag/attorney-client-privilege/) [#Ethics](https://associationsnow.com/tag/ethics/) [#Leadership](https://associationsnow.com/tag/leadership/) [#Professional Association](https://associationsnow.com/tag/professional-association/) [#surveillance](https://associationsnow.com/tag/surveillance/) **Stay Informed** [Subscribe to our free newsletter](https://associationsnow.com/newsletter/) , *Associations Now Daily News*, to find out what’s happening in the association world every business day. ## You Might Like - [VideoASAE ForesightWorks Panel: Algorithms and Rights; The Surveillance EconomyJuly 28, 2020](https://associationsnow.com/2020/07/28/asae-foresightworks-panel-algorithms-and-rights-the-surveillance-economy/) - [Video2026 Summit Awards DinnerOctober 2, 2026](https://associationsnow.com/2026/10/02/2026-summit-awards-dinner/) - [PodcastSecuring Identity: What Associations Need to Know About Verifiable CredentialsJune 25, 2025](https://associationsnow.com/2025/06/25/securing-identity-what-associations-need-to-know-about-verifiable-credentials/) - [VideoAmerican Geophysical Union: Standing Up for Science: AGU’s Year of Action for Scientists and SocietySeptember 24, 2026](https://associationsnow.com/2026/09/24/american-geophysical-union-standing-up-for-science-agus-year-of-action-for-scientists-and-society/) ## Comments **Comments are for ASAE members.** [Learn more about comments on this site.](https://associationsnow.com/comments/) [Log in](https://associationsnow.com/login?redirect_to=https%3A%2F%2Fassociationsnow.com%2F2014%2F02%2F26%2Fbar-association-raises-concerns-about-nsa-spying-efforts%2F%23comments) to your member account or [join ASAE](https://my.asaecenter.org/select-a-membership-type/) !