From: gnu (John Gilmore)
Date: Mon, 29 Nov 93 13:12:04 PST
To: cypherpunks
Subject: FOIA:  Released Records
Message-ID: <9311292110.AA14162@toad.com>
MIME-Version: 1.0
Content-Type: text/plain


November 22, 1993

Chief, Office of Policy
National Security Agency/Central Security Service
Fort George Meade, MD  20755-6000

Reference:  RELEASED RECORDS

 

Dear Sir or Madam:

This is a request under the Freedom of Information Act [5 
U.S.C. ¤ 552(a)] on behalf of my client, Mr. John Gilmore.  

I write to request a copy of all agency records or portions 
thereof, in electronic or other form, which NSA has declassified 
during the months of September and October 1993.  This request 
specifically excludes any information already provided to Mr. 
Gilmore in any other request.

We also remind you that the long-standing rule that the 
FOIA "makes no distinction between records maintained in manual 
and computer storage systems," Yeager v. D.E.A., 678 F.2d 315, 
321 (D.C.Cir. 1982), has recently been amplified in Armstrong v. 
E.O.P., No 93-5002 (D.C. Cir., Aug. 13, 1993).  Any paper print-
outs of electronic records, such as e-mail, must include all 
information in the electronic record.  Assuming that there would be 
no loss of releasable information, such as written comments made 
on paper print-outs, we therefore ask you to release all responsive 
electronic records in electronic, i.e., machine-readable, form.

Mr. Gilmore would also like a list of all records responsive 
to this request if such a list can be provided in advance of the 
records themselves.  

As you know, the FOIA provides that an agency must make 
an initial determination of whether to comply with a FOIA request 
within ten working days of receiving the request.  Your own 
regulations provide that Ò[t]he Chief, Office of Policy, shall notify 
the requester of his determination within 10 working days of his 
receipt of the request.Ó  [32 C.F.R. ¤ 299.4(b)].  

Please do not delay processing because of uncertainty about 
the request.  I have reasonably described the records sought.  If you 
have any questions regarding this request, please telephone me at 
the above number, and we can discuss your questions.  

I also request that fees be waived because Mr. Gilmore is 
deemed a media requester by your agency for FOIA purposes.   
Should there be any problem in this regard, Mr. Gilmore promises 
to pay up to $1000 in fees, and you should therefore begin 
processing of this request without fee-related delays.  

As provided under the FOIA, I will expect a reply within ten 
(10) working days.  

Sincerely,



Lee Tien
Attorney at Law
On behalf of Mr. 
John Gilmore