From: "Perry E. Metzger" <perry@snark.imsi.com>
Date: Thu, 12 May 94 04:36:27 PDT
To: sommerfeld@orchard.medford.ma.us (Bill Sommerfeld)
Subject: Re: NSA & State Fears ITAR Lawsuits
In-Reply-To: <199405120239.WAA00421@orchard.medford.ma.us>
Message-ID: <9405121135.AA15349@snark.imsi.com>
MIME-Version: 1.0
Content-Type: text/plain



Bill Sommerfeld says:
>    Someone who's had dealings with the NSA and State over these issues
>    saw some memos, but was not allowed to make copies of them, which
>    indicated that State's lawyer's were very concerned that an ITAR case
>    involving software *not* ever reach the courts, because they felt the
>    government's case was very weak and that a probable loss would be a
>    serious setback in other areas.
> 
> Is there any chance that these memos would be subject to release under
> the FOIA?

Probably. They would probably make excellent ammo in an ITAR lawsuit
if they actually existed and State actually "found" them in fulfilling
the FOIA request. I would suggest that someone with experience in
directing FOIA requests get details from Tim and then try to extract
the memos in question.

Perry