1998-05-30 - FOIA fee waiver denial lawsuit

Header Data

From: bill payne <billp@nmol.com>
To: john gilmore <gnu@toad.com>
Message Hash: 18ec616ecfc2e150f42afb5b0588d71a136c65f853ef50ef32ef8b0f7f2fbff8
Message ID: <356F5BAC.6D4D@nmol.com>
Reply To: N/A
UTC Datetime: 1998-05-30 01:10:42 UTC
Raw Date: Fri, 29 May 1998 18:10:42 -0700 (PDT)

Raw message

From: bill payne <billp@nmol.com>
Date: Fri, 29 May 1998 18:10:42 -0700 (PDT)
To: john gilmore <gnu@toad.com>
Subject: FOIA fee waiver denial lawsuit
Message-ID: <356F5BAC.6D4D@nmol.com>
MIME-Version: 1.0
Content-Type: text/plain

Friday 5/29/986:52 PM


John Gilmore		                    )
Arthur R. Morales                           )
William H. Payne        	   	   
)                                            			    )
                Plaintiffs,                 )
Lieutenant General Kenneth A. Minihan, USAF )   
Director, National Security Agency	    )
National Security Agency		    )
9800 Savage Road			    )
Fort George G. Meade, MD 20755-6000	    )	    
                Defendant                   )

                    DEMAND FOR JURY TRIAL

Gilmore  http://www.cygnus.com/~gnu/

Hope you got my three phone messages.

My belief is that NO ONE has ever sued over a FOIA
fee waiver denial.

BECAUSE of the VISIBILITY that John Young has given NSA
lawsuits http://www.jya.com/nsa-cases.htm I think that
it is a propitious time to sue NSA in the District of 
Columbia over a FOIA fee waiver denial.

Pro se for economic and LEGAL reasons.

And, of course, we should try to get some crypto patents
at the same time.  I have some ideas for keying crypto
devices  http://av.yahoo.com/bin/query?p=gfsr&hc=0&hs=0

Let me know your thoughts.  By secure communications, of 


Friday 5/15/98 3:48 PM

By e-mail and US mail

Lieutenant General Kenneth A Minihan, USAF
Director, National Security Agency
National Security Agency
9800 Savage Road
Fort George G. Meade, MD 20755-6000

Dear General Minihan:

Purposes of the letter are to

1  appeal a FOIA fee waiver denial.
2  continue to explore settlement possibilities of our current 

30 March Joann H. Grube, Deputy Director of Policy, NSA, wrote
in response to my Friday February 27, 1998 attached letter to you

  There are 706 cases ahead of your in our processing queue. ..

  Please be advised that your request for a waiver of fees has been

Public knowledge of how much taxpayer NSA has likely squandered 
ATTEMPTING to build public key crypto chips certainly in
the public interest.

Therefore, I appeal Grube's denial.

Grube wrote

  Any person notified on an adverse determination may, within 60
  days after notification of the determination, file an appeal to the
  NSA/CSS Freedom of Information Act Appeal Authority.  The
  appeal shall be in writing and addressed to the NSA/CSS FOIA 
  Appeal Authority, ...

General Minihan,  Grube apparently is attempting to invent her
own FOIA appeal rules instead of follow federal law.  

  Whenever a FOIA request is denied, the agency must inform
  the requester of the reasons for the denial and the requester's
  right to appeal the denial to the head of the agency.

I ask that you educate and possibly reprimand Grube for her failure
to properly state law.

As you may be aware

      (6)(A) Each agency, upon any request for records made under  
       paragraph (1), (2), or (3) of this subsection, shall--
        (i) determine within ten days \1\ (excepting
        Saturdays, Sundays, and legal public holidays) after
        the receipt of any such request whether to comply with
        such request and shall immediately notify the person
        making such request of such determination and the
        reasons therefor, and of the right of such person to
        appeal to the head of the agency any adverse
        determination; and

And you may also be aware

      \1\ Under section 12(b) of the Electronic Freedom of Information
  Act Amendments of 1996 (Pub. L. 104-231; 110 Stat. 3054), the amendment
  made by section 8(b) of such Act striking ``ten days'' and inserting
  ``20 days'' shall take effect on October 3, 1997.
            (ii) make a determination with respect to any
        appeal within twenty days (excepting Saturdays,
        Sundays, and legal public holidays) after the receipt
        of such appeal. If on appeal the denial of the request
        for records is in whole or in part upheld, the agency
        shall notify the person making such request of the
        provisions for judicial review of that determination
        under paragraph (4) of this subsection

So I expect a response to this appeal within the time allotted to you 
by law.

Our lawsuit has attracted international attention on Internet.


Partially, perhaps, as the result of the about .5 million dead Iranian Shiite Muslims.
Or maybe judicial misconduct?

Morales and I plan to appeal to the Tenth in event that Morales' dismissal is upheld.

Further, we feel that YOU must be held accountable.  Therefore we will appeal your
removal from our lawsuit.

But this is sure to cost the taxpayer much more money.  

And failure to fairly settle these unfortunate matters raises the possibility of a understandable, or opportunistic, retaliatory attack for NSA's bungled spy sting on Iran
by the aggrieved or their enemies.  

Innocent people may be harmed.

Both alternatives are unpleasant to think about.

Therefore, Morales and I continue to offer to engage in settlement talks with YOU.

I cannot find your e-mail address

Therefore I will forward the e-mail copy of this FOIA appeal /settlement letter to 
Ray Kammer of NIST [http://www.nist.gov so that Kammer can possibly
forward an e-mail to you.

I am not reading e-mail. 


William Payne
13015 Calle de Sandias
Albuquerque, NM 87111