NATIONAL SECURITY AGENCY CENTRAL SECURITY SERVICE FORT GEORGE G. MEADE. MARYLAND 20755-6000 FOIA Case: 13240 12 August 2002 Mr. Charles R. Smith Dear Mr. Smith: Three NSA-originated documents (11 pages total) responsive to your Freedom of Information Act (FO IA) request of 21 January 1998 for -all data provided to/from/about Webster Hubbell (former Asst. Attorney General) in reference to the LIPPO Group, banking, China export policy, encryption, advanced technology restricted from export, legislation on encryption policy and contractual arrangements, or information on financial donations, meetings, negotiations, and policy decisions were located by the Department of Justice (DOJ.) The DOJ referred the documents to the National Security Agency on 13 October 1998, for our direct response to you. We have processed the referred documents under the FOJA and the results are enclosed. Certain information, however, has been deleted. Two documents (8 pages total) have been released in full and are enclosed. Some of the information deleted from the remaining 3 page document was found to be currently and properly classified in accordance with Executive Order 12958. This information meets the criteria for classffication as set forth in Subparagraphs (c) and (g) of Section 1.5 and remain SECRET as provided in Section 1.3 of Executive Order 12958. The information is classified because its disclosure could reasonably be expected to cause serious damage to the national security. Because the information is currently and properly classified, it is exempt from disclosure pursuant to the first exemption of the FOJA (5 U.S.C. Section 552(b)(1)). In addition, this Agency is authorized by various statutes to protect certain information concerning its activities. We have determined that such information exists in this document. Accordingly, those portions are also exempt from disclosure pursuant to the third exemption of the FOJA which provides for the withholding of information specifically protected from disclosure by statute. The specific statute applicable in this case is Section 6, Public Law 86-36 (50 U.S. Code 402 note). FOIA Case: 13240 Since these deletions may be construed as a partial denial of your request, you are hereby advised of this Agency’s appeal procedures. Any person denied access to information may file an appeal to the NSA/CSS Freedom of Information Act Appeal Authority. The appeal must be postmarked no later than 60 calendar days from the date of the initial denial letter. The appeal shall be in writing addressed to the NSA/CSS FOIA Appeal Authority (DC32 1), National Security Agency, 9800 Savage Road STE 6248, Fort George G. Meade, MD 20755-6248. The appeal shall reference the initial denial of access and shall contain, in sufficient detail and particularity, the grounds upon which the requester believes release of the information is required. The National Security Council also recommended a portion of the two page document be protected under the first exemption of the FOJA. The NSA/CSS Appeal Authority will endeavor to respond to the appeal within 20 working days after receipt, absent any unusual circumstances. Sincerely, LOUIS F. GILES Director of Policy
SOFTWAR January 21, 1998 Public Information Officer DEPARTMENT OF JUSTICE PATRICIA D. HARRIS FOIA/PA SECTION RM. B-208 JUSTICE MANAGEMENT DIVISION WASHINGTON, D.C. 20530 Dear Sir/Madam: Pursuant to the Freedom of Information Act, 5 USC 552, and to the regulations of the Department of Justice, CDR (citation to departmental regulations, obtainable from committee print index), I hereby request access to: - All data provided to/from/about Webster Hubbell (former Asst. Attorney General) in reference to the Lippo Group, banking, China export policy, encryption, advanced technology restricted from export, legislation on encryption policy and contractual arrangements, or information on financial donations, meetings, negotiations, and policy decisions. Please note - all data is defined herein as all information, printed, stored as computer data or any form of electronic recordings (video or audio). If there is a charge for locating and copying the requested material, please notify me in advance of the estimated amount. Please reply by February 21, 1998. If the request is denied, please specify the section of the Freedom of Information Act which is being relied on as a legal basis for the denial. Thank you. Charles R. Smith
U.S. Department of Justice
Office of Information and Privacy
Telephone: (202) 514-3642
Washington, D.C. 20530
FEB 12 1999
Mr. Charles R. Smith
Re: ASG/98-R0402
MHH:CLM
Dear Mr. Smith:
This responds to your Freedom of Information Act request dated
January 21, 1998, to the Justice Management Division of the
Department of Justice, for records pertaining to "[A]ll data
provided to/from/about Webster Hubbell (former Asst. [sic]
Attorney General) in reference to the Lippo Group, banking,
China export policy, encryption, advanced technology restricted
from export, legislation on encryption policy and contractual
arrangements, or information on financial donations, meetings,
negotiations, and policy decisions." This response is made on
behalf of the Office of the Associate Attorney General.
We have located 9 documents, totaling 40 pages, that are
responsive to your request. Please be advised that 3 documents,
totaling 14 pages, have been referred to the National Security
Agency for processing and direct response to you. Additionally,
one document, totaling seven pages, has been referred to the
Federal Bureau of Investigation for processing and direct
response to you.
I have determined that 4 documents, totaling 12 pages, are
appropriate for release without excision and copies are
enclosed. Although portions of this material could be withheld
pursuant to FOIA Exemption 5, 5 U.S.C. 552(b)(5), I have
determined in this instance that such material may be disclosed
as a matter of agency discretion. Finally, one document,
totaling seven pages, is being released with excisions made by
the following entities pursuant to the FOIA exemptions described
below:
FBI of the Department of Justice pursuant to 5 U.S.C.
552(b)(1) (national security) and (b)(5) (deliberative
process privilege);
NSA pursuant to 5 U.S.C. 552(b)(1) (national security), (b)
(3) (in conjunction with 50 U.S.C. 402 note and PL 86- 36)
and (b) (5) (deliberative process privilege);
National Security Council (NSC) pursuant to national security
in accordance with Executive Order 12356.
None of the information being withheld is appropriate for
discretionary disclosure. We apologize for the quality of
certain pages; however, no better copies could be obtained.
For your information, Document No. 5, totaling one page,
consists of an Executive Secretariat Control Data Sheet which is
used to track incoming correspondence to the Office of the
Associate Attorney General. Please be advised that the
underlying correspondence which this control data sheet
represents has been destroyed pursuant to the records
destruction schedules of the National Archives and Records
Administration.
With regard to the assessment of fees, in your initial letter
you asked to be notified of the fees associated with your
request. It appeared from the information provided in your
letter that you should be placed in the "commercial" fee
category, as defined by 28 C.F.R. 16.11(b)(1) (1998).
Accordingly, your request was processed and we assessed fees for
our search and review time, which totaled $57.30.
Carmen Mallon of this Office subsequently contacted you by
telephone to advise you of the total amount of fees associated
with the processing of this request. In a telephone conversation
with Mrs. Mallon on January 5, 1999, you asked for the first
time that we categorize you as a "representative of the news
media," as defined by 28 C.F.R. 16.11(b)(6). As a result of this
discussion, you submitted a letter dated January 6, 1999,
requesting that you be placed in the "media" fee category and
provided certain information in support thereof. This Office
also conducted a search of the NEXIS database and located a
number of news articles you authored on the subject of
encryption. Upon review by this Office of these articles, and
your additional submissions, we have determined in this instance
that you may be categorized as a "media" requester. Accordingly,
no fees will be charged for this request. In the future, if you
wish to seek "media" fee status, please provide supporting
documentation with your initial request letter. A FOIA requester
has the burden of demonstrating for each new request that he is
entitled to be treated as a "media" requester. See National Sec.
Archive v. DOD, 880 F.2d 1381, 1388 (D.C. Cir. 1989); Lonq v.
ATF, 964 F. Supp. 494, 498 (D.D.C. 1997).
If you are not satisfied with the action on this request, you
may administratively appeal this partial denial. With regard to
the information denied by the FBI, you may appeal by writing to
the Co-Director, Office of Information and Privacy, United
States Department of Justice, Flag Building, Suite 570, Wash-
ington, D.C. 20530, within 60 days of his receipt of this
letter. Both the letter and the envelope should be clearly
marked "Freedom of Information Act Appeal." Information denied
by NSC may also be appealed to the Department of Justice as
noted here.
If you are dissatisfied with the information denied by the NSA,
you may appeal in writing within 60 days to the NSA/CSS Freedom
of Information Act Appeal Authority, National Security Agency,
Fort George G. Meade, MD 20755-6000.
Sincerely,
Michael M. Hughes
Senior Counsel
Enclosures
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