VP GORE AS BIG BROTHER



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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








THE HUBBELL FILES



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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Document Destroyed According To Dept. of Justice
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TOP SECRET
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5 PAGES WITHHELD PER "NATIONAL SECURITY" BY THE NATIONAL SECURITY AGENCY (NSA), NATIONAL SECURITY COUNCIL (NSC) AND FBI
TOP SECRET
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