NSA/FOIA Request for TEMPEST Documents

24 October 1999: Add FOIA appeal letter and invitation to send to the NSA letters of support for release of declassified TEMPEST-related information.

23 October 1999: Add NSA letter of October 7, 1999.

31 July 1999: Add JYA and NSA letters of July 1999.

9 July 1998

JYA/URBAN DEADLINE 251 WEST 89TH ST, SUITE 6E NY NY 10024 212-873-8700

May 14, 1998

National Security Agency
ATTN: FOIA Office (N5P5)
9800 Savage Road STE 6248
Ft. George G. Meade, MD 20755-6248.

Under the Freedom of Information Act I request the following documents, latest
editions:

1. NACSIM 5000 TEMPEST Fundamentals
2. NACSIM 5004 TEMPEST Countermeasures for Facilities Within the U.S.
3. NACSIM 5100 (Unknown title)
4. NACSIM 5100A Compromising Emanations Laboratory Test Requirements, Electromagnetic
5. NACSIM 5112 (Unknown title)
6. NACSIM 5201 TEMPEST Guidelines for Equipment/System Design Standard
7. NACSIM 5203 Guidelines for Facility Design and Red/Black Installation
8. NSA/CSS Manuals / Regs.: 65-6; 73-2A; 89-092; 90-5; 90-5A (Unknown titles)
9. NSTISSAM TEMPEST/1-92 (Unknown title)
10. MIL-STDs: 285; 461A-D; 462A-D; 883; 1541; 1818 (Unknown titles)
11. MIL-E-6051 (Unknown title)
12. KAG-30A/TSEC (Unknown title)
13. AMSG 720B (Unknown title)

I shall be pleased to pay FOIA-provided costs for fulfilling this request.

Thank you very much.

Sincerely,

John Young
E-mail jya@pipeline.com
Fax: 212-799-4003

On June 19, 1998, a NSA/FOIA representative telephoned to ask the nature
of JYA/Urban Deadline and the purpose for requesting material in order to
categorize my request for processing type and payment of costs. I said JY/UD
is a Web publisher (and gave its URL) and that the documents had been
requested in response to reader inquiries. NSA/FOIA said the call was only
for a preliminary review of my request, could not otherwise respond at that
time and that a formal response would be sent by mail.

[Received July 8, 1998]

NATIONAL SECURITY AGENCY
CENTRAL SECURITY SERVICE
FORT GEORGE G. MEADE MARYLAND 20755-6000
Serial: J9517-98
02 July 1998
Mr. John Young
JYA/URBAN DEADLINE
251 West 89th St., Suite 6E
New York, NY 10024
Dear Mr. Young,
This is an initial response to your Freedom of Information (FOIA)
request of May 14, 1998 for the most recent editions of various TFMPEST
regulations and guidelines. Your request was received in the NSA/CSS
FOIA office on May 18, 1998 and has been assigned case number J9517-
98. There are 532 cases ahead of yours in our processing queue. This
letter indicates that we have begun to process your request. There is cer-
tain information relating to the processing about which the FOIA and
applicable Department of Defense (DOD) and NSA/CSS regulations
require we inform you.
We have completed our search for records responsive to your
request. The material responsive to your request is not voluminous or
complex, and your request has been placed in the first-in, first-out
processing queue for simple cases. Because there are a significant number
of cases ahead of yours in that queue, we anticipate providing a response
to you by July 1999. We appreciate your patience with our efforts to treat
all requesters fairly by responding to each on a "first-in, first-out basis."
For purposes of this request and based on the information you
provided in your letter, you are considered an all other requester. You
must pay for search time in excess of 2 hours and duplication in excess
of 100 pages. Be advised that NSA regulations preclude the conducting
of partial searches.
Any correspondence related to your request should include the case
number assigned to your request and should be addressed to National
Security Agency, FOIA Office (N5P5), 9800 Savage Road STE 6248, Ft.
George G. Meade, MD 20755-6248 or may be sent by facsimile to
301-497-2844. If sent by fax, it should be marked for the attention of the FOIA office. The telephone number of the FOIA office is 301-688-6527. If
you are interested in visiting the NSA FOIA Home Page on the Internet, it
can be reached at address/URL:
http://www.nsa.gov/foia/index.cfm

The NSA Home Page is at address/URL:
http://www.nsa.gov

Sincerely,
[Signature]
BARBARA PAISLEY
FOIA/PA Services

JYA/URBAN DEADLINE 251 WEST 89TH ST, SUITE 6E NY NY 10024 212-873-8700

July 9, 1998
By fax to: 301-497-2844

Barbara Paisley
FOIA/PA Services
National Security Agency
FOIA Office (N5P5)
9800 Savage Road STE 6248
Ft. George G. Meade, MD 20755-6248.

RE Case Number J9517-98

Dear Ms. Paisley,

Thank for your letter of 2 July 1998 informing that my FOIA request is being
processed and explaining the procedure, response date and payments, which
I acknowledge and accept.

If there is anything else I need to do in response to your letter please let me
know. I assume you will notify me when payment is due or other conditions
that I will need to fulfill.

You write that a search for records of material requested has been completed
and amount determined. Can you say now which of the requested material
will be provided or will I learn that only in July 1999?

Sincerely,

John Young
E-mail jya@pipeline.com
Fax: 212-799-4003

JYA/URBAN DEADLINE 251 WEST 89TH ST, SUITE 6E NY NY 10024 212-873-8700

July 13, 1999
By mail and fax to: 301-688-6198
Barbara Paisley
FOIA/PA Services
National Security Agency
FOIA Office (N5P5)
9800 Savage Road STE 6248
Ft. George G. Meade, MD 20755-6248
RE Case Number J9517-98
Dear Ms. Paisley,
Could you tell me the status of my FOIA request? Your letter of July 2, 1998 stated that action was expected to be taken this month.

Sincerely,
John Young
E-mail jya@pipeline.com
Fax: 917-441-8733

[Received July 28, 1999]

NATIONAL SECURITY AGENCY
CENTRAL SECURITY SERVICE
FORT GEORGE G. MEADE MARYLAND 20755-6000
Serial: J9517-98
22 July 1999
Mr. John Young
JYA/URBAN DEADLINE
251 West 89th St., Suite 6E
New York, NY 10024
Dear Mr. Young,
This responds to your 13 July letter requesting a status on your Freedom of Information Act (FOIA) request of 14 May 1998, which was received by this office on 18 May 1998, for various publications, manuals, and guidelines related to Tempest. As you are probably aware, we divide the FOIA cases up into two separate queues, easy and hard, and on a first-in, first-out basis. The queues are managed by the assigned case officer of each case. Unfortunately, the case officer assigned to your case has left the FOIA office, therefore, the case had to be reassinged to another individual. Your case has been placed into the newly assigned case officer's easy queue with an anticipated response date of October 1999.

Sincerely,
[Signature]
BARBARA PAISLEY
Chief,
FOIA/PA Services

JYA/URBAN DEADLINE 251 WEST 89TH ST, SUITE 6E NY NY 10024 212-873-8700

July 31, 1999
By mail and fax to: 301-688-6198

Barbara Paisley
FOIA/PA Services
National Security Agency
FOIA Office (N5P5)
9800 Savage Road STE 6248
Ft. George G. Meade, MD 20755-6248
RE Case Number J9517-98
Dear Ms. Paisley,
Thank you for the letter of July 22, 1999. I look forward to complying with FOIA conditions for the requested material. I will greatly appreciate receiving the material prior to October, 1999 if the easy queue gets eased, breezed, and greased by the new case officer making up lost time working over.

Sincerely,

John Young
E-mail jya@pipeline.com
Fax: 917-441-8733

In August we received a letter from NSA saying a bill for $50 was being sent. It was received and paid.

[Received October 21, 1999]

NATIONAL SECURITY AGENCY
CENTRAL SECURITY SERVICE
FORT GEORGE G. MEADE, MARYLAND 20755-6000
Serial: J9517C-98
7 October 1999
JYA Urban Deadline
Attn: Mr. John Young
251 West 89th St., Suite 6E
NewYork. NY 10024
Dear Mr. Young:
This responds to your Freedom of Information Act (FOIA) request of 14 May 1998, which was received by this office on 18 May 1998, for various publications, manuals, guidelines, related to TEMPEST. A copy of your request is enclosed. Your request has been processed under the FOIA and we have located documents responsive to your request. Two documents, NSTISSAM 1-92 and NSA/CSS Regulation 90-6, are being released to you in part, however, the remainder of the documents you requested are being denied since they are currently and properly classified.
The remainder of the documents found responsive to your request, as well as the parts of the two documents being released to you, have been reviewed by this Agency as required by the FOIA and have been found to be currently and properly classified in accordance with Executive Order 12958. These documents meet the criteria for classification as set forth in Subparagraphs (c), (e), and (g) of Section 1.5 and remain classified SECRET as provided in Section 1.3 of Executive Order 12958. The documents are classified because their disclosure could reasonably be expected to cause serious damage to the national security. The information is exempt from declassification in accordance with Section 1.6(d) of E.O. 12958. Because the documents are currently and properly classified, they are exempt from disclosure pursuant to the first exemption of the FOIA (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 these documents. Accordingly, those portions are also exempt from disclosure pursuant to the third exemption of the FOIA which provides for the withholding of information specifically protected from disclosure by statute. The specific statute applicable in this case is Title 18 U.S. Code 798. No portion of the information is reasonably segregable.
Since part of your request has been denied, you are hereby advised of this Agency's appeal procedures. Any person notified of an adverse determination may file an appeal to the NSA/CSS Freedom of Information Act Appeal Authority.
The appeal must be postmarked no later than sixty (60) calendar days after the date of the initial denial. The appeal shall be in writing addressed to the NSA/CSS FOIA Appeal Authority (N5P5), 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 NSA/CSS Appeal Authority will endeavor to respond to the appeal within twenty (20) working days after receipt, absent any unusual circumstances.
Correspondence related to your request should include the case number assigned to your request. Your letter should be addressed to National Security Agency, FOIA Office (N5P5), 9800 Savage Road STE 6248, Ft. George G. Meade, MD 20755-6248 or may be sent by facsimile to 301-688-6198. If sent by fax, it should be marked for the attention of the FOIA office. The telephone number of the FOIA Office is 301-688-6527.
Sincerely,
[Signature]
SALLY V. SEWARD
Deputy Director of Policy
Encls:
a/s

JYA note on documents released:

NSTISSAM TEMPEST/1-92, Compromising Emanations Laboratory Test Requirements, Electromagnetics, is a 172-page document. Classified sections, about half of the volume, have been redacted.

NSA/CSS Regulation 90-6, NSA/CSS Technical Security Program, is a 12-page document. A few sections have been redacted.

Transcription is underway and will be offered on Cryptome as completed.

JYA/URBAN DEADLINE 251 WEST 89TH ST, SUITE 6E NY NY 10024 212-873-8700

October 24, 1999
By mail and fax to: 301-688-6198

NSA/CSS FOIA Appeal Authority (N5P5)
National Security Agency
9800 Savage Road STE 6248
Ft. George G. Meade, MD 20755-6248
RE Case Number J9517-98
Dear NSA/CSS Appeal Authority,
I appeal denial of access by the NSA FOIA office, dated 7 October 1999 (received on 21 October, 1999) of my request for twenty-two TEMPEST-related documents except for parts of NSTISSAM 1-92 and NSA/CSS Regulation 90-6. My purpose for requesting the information is to publish it on the Internet at http://cryptome.org.
The grounds of appeal are:
1. Release of declassified information on TEMPEST-related threats (compromising emanations) would be in the public interest as stipulated by Executive Orders and legislation on warranted declassification of information when a broader public interest would be served than would be served by continued classification.
2. Public information on TEMPEST-related threats to privacy and confidentiality is sorely needed to counterbalance the burgeoning global digital intrusion industry which is using technologies developed for national security purposes, and now being rapidly privatized for commercial and illicit markets by producers who once sold only to government and military.
3. Public availability of TEMPEST-related information is needed for design and production of devices and products for protection of personal privacy, commercial enterprise, and economic security of the nation, in particular, against economic espionage and widespread global data gathering and mining for illicit purposes.
4. Public availability of TEMPEST-related information is needed in the same way as encryption information and for the same reasons: sophisticated technology for exploiting compromising emanations to invade privacy invasion and to violate confidentiality of digital communications should be countered with detailed public information on the threat and trustworthy standards and means of protection against it.
5. Public information on protection against compromising emanations is vital for trust in digital enterprise, for trust in governmental and commercial institutions, and thereby, for social stability and national security.
Sincerely,
John Young
E-mail jya@pipeline.com
Voice: 212-873-8700
Fax: 917-441-8733
Enc NSA letter, 3 pp.

JYA Note:

Letters supporting our FOIA appeal are highly welcomed. Please send to NSA directly to the address or fax number above. Include on your letter the case number: J9517-98.

For those without fax access, send to us by e-mail and we will forward. For those who do not want to be entered into the NSA database, note on your e-mail to delete identifying information (not that that will prevent NSA from knowing who you are via Echelon).

We remind that any information released by the US government to anyone under FOIA is available to anyone else who requests it.

Thanks very much,

John Young