From: bill payne <billp@nmol.com>
Date: Wed, 4 Feb 1998 10:52:45 +0800
To: webmaster@cylink.com
Subject: Jim Omura
Message-ID: <34D7D1DC.4EC6@nmol.com>
MIME-Version: 1.0
Content-Type: text/plain

Tuesday 2/3/98  7:22 PM

Jim

Let's get this settled.

I have not read

cylinked.htm       Latest: Cylinked to Organized Crime?             
January 29, 1998

YET.

Hope you liked the SAND report, now posted at jya.com, I sent
you in 1992.

I listened carefully at the breakfast you, I, Lou {lew?} Morris
had.

Later
bill

Title: Cryptome







  
    
      
	  
	  Cryptome
	
	
	
	
	JYA/Urban
	Deadline
	
	OpEd
    
  


_______________________________________________________________________________________

File               Topic                                             Date

_______________________________________________________________________________________


In Athena's Camp   Preparing for Conflict in the Info Age (offsite)  February 3, 1998
cylink-sins.htm    Cylink Secures SINS                               February 3, 1998
pg-get-MSkey.htm   Update: How to Recover Private Keys for MS Wares  February 3, 1998

bxa020398.txt      Exports of High Performance Computers             February 3, 1998
sib.htm            Scientists in Black                               February 3, 1998
CAP                The Cryptographic Analysis Program (offsite)      February 2, 1998
Arne Beurling      The Geheimschreiber Secret (offsite)              February 2, 1998
Army Stegano       US Army Steganography (offsite)                   February 2, 1998

<A HREF="http://www.cranfield.ac.uk/ccc/bpark/colossus.htm
">Colossus           Rebuilding Colossus (offsite)                     February 2, 1998
Frode Crypto       Cryptology Papers (offsite)                       February 2, 1998
jimbell9.htm       Jim Bell Update                                   February 2, 1998
echelon-boost      NSA Surveillance System Boosted (offsite)         February 2, 1998
cn020298.txt       Crypto News                                       February 2, 1998

bxa020298.txt      BXA Meet on Export Rules and Procedures           February 2, 1998
cs020298.txt       Rules to Challenge Customs Seizures (63K)         February 2, 1998
usg020298.txt      USG Secret Meets                                  February 2, 1998
echelon.htm        NSA Global Surveillance System                    February 2, 1998
cathedral.htm      The Cathedral and the Bazaar                      February 1, 1998

natsec-rule.htm    Protection of National Security Information       February 1, 1998
47cfr216.txt       National Communications Issuance System (106K)    February 1, 1998
47cfr213.txt       Emergency Telecomms Precedence System (17K)       February 1, 1998
47cfr202.txt       National Security Emergency Plans & Ops (27K)     February 1, 1998
47cfr201.txt       Policy for Telecomms During Emergencies (12K)     February 1, 1998

44cfr336.txt       Facilities for National Security Emergency (14K)  February 1, 1998
44cfr334.txt       FEMA Graduated Mobilization Response (14K)        February 1, 1998
32cfr322.txt       Privacy Act Exemption for NSA Records (40K)       February 1, 1998
32cfr299.txt       National Security Agency FOIA Program (8K)        February 1, 1998
32cfr2101.txt      National Security Council FOIA Requests (24K)     February 1, 1998

32cfr185.txt       Military Support to Civil Authorities (52K)       February 1, 1998
31cfr9.txt         Effects of Imported Articles on National Security February 1, 1998
22cfr124.txt       Contracts, Off-Shore Buys, Defense Services (42K) February 1, 1998
22cfr123.txt       Licenses for the Export of Defense Articles (51K) February 1, 1998
22cfr121.txt       United States Munitions List (92K)                February 1, 1998
_______________________________________________________________________________________


ntia-dnsdrft.htm   Draft Proposal for New Domain Name System         January 30, 1998
korczak.txt        Boris Korczak: CIA Agent Seeks Payment            January 30, 1998
pm87.txt           Prez on Terrorist Threat to Middle East Peace     January 30, 1998

leahy-wipo.txt     Senator Leahy on Ratifying WIPO Treaties          January 30, 1998
32cfr147.txt       DoD: Policies for Access to Classified Info       January 30, 1998
32cfr148.txt       DoD: Facilities for Storing Classified Info       January 30, 1998
32cfr149.txt       DoD: National Policy on Technical Surveillance    January 30, 1998
ntia012798.htm     RFC: Self-Regulation for Privacy Protection       January 30, 1998

cylinked.htm       Latest: Cylinked to Organized Crime?              January 29, 1998
websoft-warn.htm   Web Software Warning                              January 29, 1998
scant-peril.htm    U.S. Spy Agencies Pauline Peril                   January 29, 1998
mossburg.htm       E-Comm Forum on E-Authentication and DigSig       January 29, 1998
pollard.htm        Bankers O Table on E-Authentication and DigSig    January 29, 1998

brown.htm          Secret Service on Financial Instruments Fraud     Janaury 29, 1998
rpk-hack.htm       Invite to Hack RPK InvisiMail                     January 29, 1998
nrc012998.txt      Generic Letter on Y2K Readiness for Nuke Plants   January 29, 1998
fc012998.txt       FinCEN RFC on Information Collection              January 29, 1998
dtc012998.txt      Arms Export to Saudi Arabia                       January 29, 1998

nsa-etc-nf.htm     NSA, Echelon, Trade & Crypto/Netscape & Fortify   January 28, 1998
dod012898.txt      DoD Blacklist of Higher Education                 January 28, 1998
47usc1002.txt      Interception of Digital and Other Communications  January 28, 1998
cn012898.txt       Crypto News                                       January 28, 1998
cn012798.txt       Crypto News                                       January 27, 1998

bxa-fy98.txt       BXA Funding FY 1998                               January 27, 1998
cia-tsang.htm      CIA Concedes Spying on Americans                  January 26, 1998
atpc.htm           EU-Parliament: Technologies of Political Control  January 26, 1998
us-crypto.htm      US Crypto Policy                                  January 25, 1998
pg-nzcrypto.htm    New Zealand Crypto Policy                         January 24, 1998

ra-ukcrypto.htm    UK Crypto Policy                                  January 24, 1998
whp012398.htm      Payne/Morales vs. NSA: Reply to Defendant         January 23, 1998
kellner.htm        Intellectuals and New Technologies (66K)          January 23, 1998
bxa012398.txt      BXA Penalizes Export Violator                     January 23, 1998
osd012398.txt      Compensation of North Viet-Imprisoned Operatives  January 23, 1998

dod012398.txt      Defense Dept Secret Meets                         January 23, 1998
walton-pk.htm      GCHQ: The Pre-History of Public Key Cryptography  January 22, 1998
primer             The Proliferation Primer (offsite)                January 22, 1998
sh105-238.txt      Proliferation and US Export Controls (196K)       January 22, 1998
sh105-267.txt      Safety and Reliability of US Nukes (347K)         January 22, 1998

acda012298.txt     Arms Control Secret Meet                          January 22, 1998
pd012298.txt       Prez Notice on Mideast Terrorism Emergency        January 22, 1998
bia012298.txt      Rule on Indian Casinos                            January 22, 1998
cn012198.txt       Crypto News                                       January 21, 1998
fc98.htm           Financial Cryptography '98                        January 20, 1998

doj-ssgsup.htm     Supplement to Fed Guide for Seizing Computers     January 20, 1998
cn-netreg.htm      New Chinese Internet Regulations                  January 20, 1998
ietf-dea-97.htm    IETF Draft Encryption Algorithms 1997             January 20, 1998
radio-rec.htm      Update: Locating Radio Receivers; Encoder Stolen  January 20, 1998

pipenet.htm        PipeNet Description                               January 20, 1998
dod012098.txt      Defense Dept Secret Meets                         January 20, 1998
bernstein12.htm    Transcript of Bernstein Hearing                   January 19, 1998
fbi-umbc.htm       Barry Smith (FBI) to Speak on Encryption Policy   January 18, 1998
de-snoop.htm       Update: German Surveillance State                 January 17, 1998
bxa-wa-rule.htm    Update 2: BXA Rule on the Wassenaar Arrangement   January 16, 1998

pd98-10.htm        Prez OKs China's Nuclear Controls                 January 16, 1998
tcryptol           Theory of Cryptography Library (offsite)          January 16, 1998
cn011698.htm       Crypto News                                       January 16, 1998
nsasuit8.htm       USA/NSA Responds to Payne/Morales Motion          Janaury 16, 1998
dod011698.txt      Defense Dept Secret Meets                         January 16, 1998

bxa011398.txt      Materials Advisory Meet                           January 15, 1998
crypto-kong.htm    Announcing Crypto Kong                            January 15, 1998
occ-dstc.htm       OCC OKs CA as Authorized Banking Activity         January 14, 1998
aes-980820         Advanced Encryption Standard Conference (offsite) January 14, 1998
ustr010898.txt     Update: Telecommunications Trade Agreements       January 14, 1998

rc2.htm            Rivest Describes RC2 Encryption Algorithm         January 13, 1998
fc011398.txt       FinCEN Regulates Card Clubs                       January 13, 1998
ta011298.txt       Key Management Infrastructure Meet                January 12, 1998
nist011298.txt     Transmission-Electron Microscopy Meet             January 12, 1998
doa011298.txt      Army Hazard Containment Invention                 January 12, 1998

gps-jam.htm        GPS Jamming                                       January 11, 1998
arthur.htm         The Force of An Idea: Theory of USA v. Microsoft  January 10, 1998
RSA-stego.htm      Batch RSA for Stego Data                          January 9, 1998
batch-DSA.htm      Batch DSA                                         January 9, 1998
cell-track.htm     Update 2: Mobile Cell Phone Surveillance          January 9, 1998

fiat-rsa.htm       Fiat's Batch RSA                                  January 9, 1998
aes010798.htm      Update: Advanced Encryption Standard              January 9, 1998
doj010998.txt      RFC: USA v. IBM/STK Antitrust Suit                January 9, 1998
bmd010898.txt      Ballistic Missile Defense Secret Meet             January 9, 1998
nih010898.txt      Commercialization of Medical Data                 January 9, 1998

fas-pde            Prez Directives/Executive Orders (offsite)        January 7, 1998
ussc-ecopy.htm     Sentencing for Electronic Copyright Violations    January 6, 1998
ussc010698.txt     RFC: US Sentencing Guidelines (254K)              January 6, 1997
mercier.htm        Terrorists, WMD, and the US Army Reserve          January 6, 1998
terror-rnd.htm     US Counterterrorism R&D Program                   January 6, 1998

belet              Bob East Letter on AP/Jim Bell/IRS (offsite)      January 6, 1998
pitfalls           Schneier: Security Pitfalls in Crypto (offsite)   January 5, 1998
dsb010598.txt      Defense Science Board Secret Meets                January 5, 1998
ntia010598.txt     Funds for Public Telecommunications               January 5, 1998
cn010598.txt       Electronic Surveillance News                      January 5, 1998

csda.htm           Cypherpunks Smartcard Developer Association       January 4, 1998
aimd-98-21.htm     Executive Guide: Info Security Management (139K)  January 3, 1998
blast-mono.htm     Blast Resistant Doors Monograph                   January 3, 1998
tempest-door.htm   Electromagnetic Shielding/TEMPEST Door            January 3, 1998
ehj.htm            Banned Basque Video: Democratic Alternative       January 3, 1998


fda010298.htm      Policy for External Penile Rigidity Devices       January 2, 1998
doe010298.htm      Defense Nuclear Facilities Safety Plan            January 2, 1998
dos010298.txt      Meet on Global Communications and Info Policy     January 2, 1998
doa010298.txt      Army Science Board Meet                           January 2, 1998

_______________________________________________________________________________________







  
    
      
	
	    Cryptomb 2
	  
	  
	  June-December 1997
	  
	    
	  
	   Cryptomb
	  1
	  
	  To May 31 1997
      
    
  
  
  
  
    
    
  
  
  
  
  
  
  (site
  stats)
  
  
    
      
	
	    DoE: Pay Bill
	  Payne  
      
      
	
	  DoJ: Free Jim Bell
      
    
  


Title: Payne/Morales vs. NSA: Reply to Defendant's Response






23 January 1998
Source: William H. Payne

See related documents:
http://jya.com/whpfiles.htm

  
	
FILED
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
98 JAN 20 AM11:26
ROBERT M. MARSH
CLERK/ALBUQUERQUE


            UNITED STATES DISTRICT COURT
           FOR THE DISTRICT OF NEW MEXICO


William H. Payne        	   	    )
Arthur R. Morales                           )
                                            )
                Plaintiffs,                 )
                                            )
v                                           )	CIV NO 97 0266 
					    )	SC/DJS
			                    )
Lieutenant General Kenneth A. Minihan, USAF )
Director, National Security Agency	    )
National Security Agency		    )
                                            )
                Defendant                   )


  REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION FOR 
  SUMMARY JUDGMENT BASED ON EVIDENCE FROM ADMISSIONS


1  COMES NOW plaintiffs Payne [Payne] and Morales [Morales] 
[Plaintiffs], pro se litigants to exercise their rights 
guaranteed under the Constitution, Rules of Civil  Procedure, 
and Local Civil Rules to respond to Defendant's MOTION filed
on 98 JAN-5 within the 14 days allowed by local rule 7.3(b)(4).


2  US Attorney Mitchell [Mitchell]  writes,

  Counsel for Defendant was not served with copies of any of  
  said Requests for Admissions until sometime after the
  individuals had been served.2

Mitchell WAS SERVED

  PLAINTIFFS' FIRST SET OF REQUEST FOR ADMISSION  TO  
  NSA DIRECTOR KENNETH MINIHAN 

  I HEREBY CERTIFY that a copy of the foregoing request for   
  admissions was mailed to Jan Elizabeth Mitchell, Assistant US 
  Attorney, 525 Silver SW, ABQ, NM 87102 this  Monday November 
  3, 1997. 

Michell was not served with any other admissions since
Mitchell is not representing others.

Plaintiffs' served Defendant Minihan properly.  And Minihan
failed to respond to Minihan's admissions within the time


                                 1



allotted by law.


3 US Attorney Mitchell writes,

  As grounds for the Motion and Memorandum, Defendant
  argued that Plaintiffs had blatantly disregarded this Court's   
  Order pertaining to the conduct of discovery and the deadline 
  for discovery in this Freedom of Information Act action.

Judges Svet and Campos willfully violated Plaintiffs' right
to Discovery.  And thereby earned criminal complaint affidavits
filed with judge Scalia of the Supreme Court.


4 US Attorney Mitchell writes,

  In Defendant's Motion and Memorandum, Counsel for Defendant 
  also objected to Plaintiffs' sua sponte decision to
  modify the Court's June 11 Order to reflect the delay of the
  Court's October 7 Order and the establishment, without leave   
  of this Court, of new deadlines for discovery, motions   
  practice, and the filing of the PreTrial Order. (Motion and   
  Memorandum  9, at 4.)

Judge Svet and Campos attempt to deny Plaintiffs' right to 
Discovery, again, earned Svet and Campos criminal complaint
affidavits.

Plaintiffs exercise their right under the Federal Rules of 
Civil Procedure and the Constitution to conduct Discovery
WITHOUT LEAVE OF COURT!


5 US Attorney Mitchell writes,

   By their own request, Plaintiffs sought to stay a ruling on 
  the Defendant's Motion and Memorandum. Absent any ruling on 
  either the Motion and Memorandum or Plaintiffs' Response,
  Defendant Minihan, employees of NSA, and employees of 
  Sandia National Laboratory, were not obligated to respond to 
  the Requests for Admissions as provided by Fed.R.Civ.P. 36.3 
  For Plaintiffs to now assert in their "Motion for Summary 
  Judgment On Based On Evidence From Admissions" that because   
  the individuals have not responded to the Requests for 
  Admissions they are deemed admitted, flies in the face of   
  their own prayer to this Court to stay a ruling on the 
  Defendant's Motion to strike the Requests for Admissions until 
  the Supreme Court takes action.


                                 2



Plaintiffs' have REPEATEDLY asked judge Svet and Campos to
disqualify themselves from any rulings on this case because
Campos and Svet do NOT obey the Federal Rules of Civil 
Procedure.

  Replace judges Svet and Campos because these judges
  have demonstrated, IN WRITING, they do not follow the 
  Federal Rules of Civil Procedure.

Plaintiffs' pleas are directed a[t] replacement judge[s].  Not
Svet and Campos.

Therefore, Svet and Campos' failure to remove themselves does 
not stop the legal process. 

Mitchell cites NO law to support her claim that time 
constraints imposed under Fed.R.Civ.P. 36.3 are inapplicable
as a result of Svet's and Campos' failure to remove themselves.


6 US Attorney Mitchell writes,

  Defendant requests that this Court either rule upon
  Defendant's Motion and Memorandum granting the request to   
  strike the Requests for Admissions, or grant Plaintiffs' 
  request to stay this action pending the issuance of the order 
  sought by Plaintiffs in another forum. Should this Court deny 
  Defendant's Motion and Memorandum, Defendant respectfully 
  requests that the individuals to whom Requests for Admissions 
  are appropriate in this action be given the thirty days to 
  respond to said admissions as provided by the Federal Rules of 
  Civil Procedure.

REPLACEMENT JUDGES of the Court should realize the outcome
of the lawsuit has attained international interest as a result
of the

  1  bungled NSA spy sting on Iran 
  2  US government agencies NSA, NIST, and the FBI's
     attempt to control cryptography.

Mitchell's 
  
  DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION FOR 
  SUMMARY JUDGMENT BASED ON EVIDENCE FROM ADMISSIONS

was posted on Internet at jya.com, click cryptome


                                 3



  nsasuit8.htm  USA/NSA Responds to Payne/Morales Motion            
                January 16, 1998

Importance of this posting is summed-up in the Toronto Sun, 
Jan. 11, 1998

  US, Iran Need Each Other 
 
  by Eric Margolis 
 
  Iran launched a surprise charm offensive last week, 
  throwing Washington into serious confusion.  

  In a lengthy interview on CNN, Iran's new president, Mohammad   
  Khatami, skillfully analyzed the bitter relations between the   
  two nations and cautiously extended an olive branch to 
  Washington, calling for an end to their 19-year cold war. 
 
  Khatami's diplomatic ju-jitsu flummoxed the Clinton   
  administration, which was busy trying to rally international 
  support against Tehran - and to overthrow Iran's elected 
  government.  
 
  Both capitals are split over the question of relations.  

  In Washington, the military establishment and conservative   
  Republicans have inflated Iran into a bogeyman to 
  justify military budgets and keep U.S. forces in the Mideast.  
  ...

  America incited Iraq to invade Iran in 1980. They did this to 
  crush the Islamic revolution, then provided massive war aid to 
  Saddam Hussein. Half a million Iranians died.  
 
The US got caught involved in genocide.  Using high tech.
This is one subject of this lawsuit.

Albuquerque Journal Tuesday 1/13/98 carried the editorial.
  
  Khatami Move Is Profile in Courage
  Richard Reeves
  Syndicated Columnist

  LOS ANGELES -  If an American leader had done what
  Iranian President Mohammed Khatami did last Wednesday,
  it would have been hailed as a profile in courage. ...

  Miscalculation!  We armed and pampered Saddam Hussein in
  the hope that Iraq would destroy Iran.  Now that's policy and
  behavior to think about. Here is something to think about: If
  Presidents Eisenhower and Kennedy had pursued any kind of
  sensible policy toward Cuba and Fidel Castro - opposed to


                                 4



  the policy of trying to assassinate him - there never would 
  have been a Cuban missile crisis.

    I think Iranians have financed and encouraged terrorism
  against the interests of the United States and Israel.  I   
  would not be surprised at all if something like proof emerges 
  soon, perhaps anonymously, from the CIA and other government 
  agencies, where many officials have built their careers on 
  sanctioning and isolating Iran, to try to straighten the 
  backbones of the president and people of the United States.

    If they succeed, America fails.  What would be more 
  effective in closing down Iranian terrorism?  More hostility, 
  sanctions and charges?  Or beginning the process toward more 
  normal relations with a country positioned and born to be   
  great? ...

Clearly genocide fits into [missing text]

Now that's policy and behavior to think about.

The wired world is watching what this Court, hopefully
minus judges Svet and Campos, will do.

What is there to be?  A series of possibly unfortunate
events?  

Or does this Court order release the lawfully requested 
documents to help settle this American tragedy?


WHEREFORE.

7 Have replacement judges of this Court DENY Mitchell's

  Plaintiffs requested a stay. Absent a ruling from
  this Court denying their request, they cannot proceed to 
  assert that the Requests for Admissions are deemed admitted. 
  Accordingly, Plaintiffs' "Motion For Summary Judgment On Based 
  On Evidence From Admissions" must be denied.

for reason that Mitchell's request to subvert both the Discovery
processes and its time limits have no basis in law.  And appears 
to plead to judges who do not obey the Federal Rules of Civil
Procedure.

[No 8]

9  IMMEDIATELY ORDER Defendant to release the requested 
documents in the interest of national safety so that this 


                                 5



matter can be settled. 

Aggrieved victims of  US genocide are reading these pleadings.

                    Respectfully submitted, 
 
                    [Signature] 
                    _________________________ 
                    William H. Payne             	   	     
                    13015 Calle de Sandias NE          	     
                    Albuquerque, NM 87111              	     
 
                    [Signature]
                    _________________________				 
                    Arthur R. Morales                            
                    1024 Los Arboles NW                         
                    Albuquerque, NM 87107                        
 
                    Pro se litigants 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that a copy of the foregoing memorandum
was mailed to Lieutenant General Kenneth A. Minihan, USAF, 
Director,  National Security Agency, National Security Agency, 
9800 Savage Road, Fort George G. Meade, MD 20755-6000 
and hand delivered to  John J. Kelly, US Attorney, 525 Silver 
SW, ABQ, NM 87102 this  Tuesday January 20, 1997. 


                    [Arthur R. Morales signature]





                                  6


[End]






Title: Cylink Corporation





                               

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