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So far, we know that the opinion was written by John Yoo in May 2003, that it relates to the Bush administration鈥檚 post-9/11 warrantless wiretapping program, that it is directly relevant to the Cybersecurity Act of 2015, and that it pertains to 鈥渃ommon commercial service agreements.鈥� This information suggests that the opinion offers a legal interpretation that bears on government relationships with the private sector that enable information sharing and surveillance.

The ACLU requested the release of the opinion based on statements by Senator Ron Wyden, a member of the Senate Intelligence Committee, who has repeatedly warned that the opinion鈥檚 legal interpretation is directly relevant to cybersecurity legislation, yet 鈥渋s inconsistent with the public鈥檚 understanding of the law.鈥� The ACLU鈥檚 request has become more urgent since Congress passed the Cybersecurity Act of 2015 on December 18, 2015. On its face, the law already fails to adequately protect privacy. Senator Wyden鈥檚 warnings suggest that the law, when read in conjunction with the opinion, may implicate Americans鈥� privacy even more significantly than publicly known.