29 May 1997
Source: William H. Payne


Thursday May 8, 1997 09:54

Certified - return receipt requested

Federico F. Pena
The Secretary of Energy
United States Department of Energy
Washington, D.C. 20585

Dear Secretary Pena:

Purposes of this letter are,

1 to correct errors in a record about myself,

2  alert you that some Sandia National Laboratories (SNL),
   Department of Energy/Albuquerque Operations Office
   (DOE/ALOO), and DOE headquarters personnel have
   violated provisions of the Privacy Act, USC 552a, of
   1974  as amended.

3  provide you a copy of a criminal complaint affidavit
   filed against those individuals,

4  and suggest settlement.

As you may know, the Privacy Act permits a DOE contractor
employee to be considered an employee of DOE.

   (m) Government Contractors.--(1) When an agency provides
       by a contract for the operation by or on behalf of the
       agency of a system of records to accomplish an agency
       function, the agency shall, consistent with its
       authority, cause the requirements of this section to
       be applied to such system.  For purposes of subsection
       (i) of this section any such contractor and any employee
       of such contractor, if such contract is agreed to on or
       after the effective date of this section, shall be
       considered to be an employee of an agency.

I was an employee of DOE contractor SNL.

Attached to this letter are copies of,

5  Letter dated April 15, 1994 addressed to Charles Burtner,
   Director, U.S. Equal Employment Opportunity Commission (EEOC)
   signed by SNL Director Michael G. Robles.

6  Copy of July 27, 1992 Termination of Employment letter signed
   by W. H. Payne.  Payne is also identified on this document as
   E# 01981.

7  Copy of the DISCIPLINARY REVIEW COMMITTEE MINUTES, July 16,
   1992 referencing Case # 01981.


                           1


8 Copy of DISCIPLINARY REVIEW COMMITTEE MINUTES, July 6, 1992 identifying employees E# 21715 and E# 14429 as SNL supervisor Larry Stotts and SNL employee Bob Cover. I received copies of the documents identified in 5-8 on Saturday March 22, 1997. 9 Letter dated September 5, 1995 addressed to Richard W. Gallegos [Gallegos] signed by EEOC investigator Larry J. Trujillo. As you may know, There are five basic elements to a request for amending a Privacy Act record. First, the letter should state that it is a request to amend a record under the Privacy Act of 1974. I request to amend a record under the Privacy Act of 1974. You may also know, Second, the request should identify the specific record and the specific information in the record for which an amendment is being sought. Copies of the records sought to be amended may be included. The contents of DISCIPLINARY REVIEW COMMITTEE MINUTES, July 16, 1992 (DRCM) are mostly incorrect. I included a copy. You may also know about the Privacy Act, Third, the request should state why the information is not accurate, relevant, timely, or complete. Supporting evidence may be included with the request. And Fourth, the request should state what new or additional information, if any, should be included in place of the erroneous information. Evidence of the validity of the new or additional information should be included. If the information in the file is wrong and needs to be removed rather than supplemented or corrected, the request should make this clear. The DCRM states, "July 8, 1992, the Disciplinary Review Committee (DRC) met regarding this case. At that time, the DRC agreed on a conditional recommendation pending the receipt of further information. The additional information has subsequently been furnished, and therefore the DRC was reconvened [sic] 2
today. E #0981 works in the Systems Research Center at Sandia. This Center is involved in some extremely sensitive (Classified) initiatives for which extremely high security must be maintained. In addition, the work is being funded by customers who are also considered sensitive, some of whom do not want their association with Sandia to be divulged. In some instances, there are special agreements with the sponsoring agency regarding dissemination of information or procedures which must be followed. The Sandia employees who work in this Center have special accesses and much of the information is compartmentalized. On June 15, 1992, E #01981, wrote a letter to a foreign national residing in a foreign country. Attached to this letter was a copy of three reports E #01981 had written while employed by SNL." 10 Correct "was a copy of three reports " to read " was a copy of an UNCLASSIFIED SAND technical report and a DRAFT paper." The report I sent was, 11 SANDIA REPORT SAND91-2201.UC-1706 Data Authentication for the Deployable Seismic Verification System by William H. Payne The DRAFT paper I had abandoned is titled, 12 Public Key Cryptography is Easy to Break dated October 16, 1990. I attach a copy of 12 and page 7 of 11. I verify the contents this letter by affidavit. The DRCM continues, "One of the reports, a SAND document, was marked ~For Official Use Only", and the other two documents were unmarked but contained sensitive information." The DRAFT paper mentioned in 11 contained some about 2,300 year-old Euclidean mathematics and a algorithm for directly computing Euler's Phi function which is computationally not feasible. 3
This is why the DRAFT paper was abandoned. Euler lived about 1750. 13 Correct "the other two documents were unmarked but contained sensitive information." to read "the DRAFT paper was unclassified, contained well-known mathematics, and a computationally-unfeasible algorithm applied to the public subject of Public Key Cryptography. There was only one document, not two." The DRCM continues, "As a result of an agreement between the sponsoring agency, all work pertaining the activities within the control of this sponsor will be protected as classified until the sponsor specifically authorizes the release of the information" ... I attach a copy of the WORKING AGREEMENT BETWEEN SANDIA NATIONAL LABORATORIES AND THE NATIONAL SECURITY AGENCY CONCERNING RESEARCH IN CRYPTOGRAPHY AT SANDIA NATIONAL LABORATORIES Sandia National Laboratories (SNL) and the National Security Agency (NSA) have established a working relationship which has grown substantially over the last decade. Currently, there exist several joint project areas of mutual interest. Different policies and administrative procedure exist at SNL and NSA which govern the handling of sensitive and classified material, and the documentation and dissemination of such work. It is the purpose of the Agreement to specify the general guidelines under which work will be administered in the area of cryptography research at SNL. First, SNL, in its role as systems integrator, requires and indigenous cryptographic capability to support its Department of Energy mission in the design and development of safe and secure nuclear weapons and in treaty verification. SNL and NSA agree to a cooperative effort to support SNL's needs in a manner consistent with the role of such work to national security. Second, NSA, in its role as the U.S. Government approval 4
authority for cryptographic systems developed for and used in national security applications, recognizes its responsibility to provide support and guidance to SNL's activities in applying cryptography. Third, SNL will regard cryptographic research work as classified when it is initiated or created, i.e., will protect such work as "created classified", and will consult with NSA prior to handling h work as unclassified. Periodic technical and managerial discussions between SNL and NSA will be held to increase the awareness of the security concerns of both organizations and to develop and maintain an SNL cryptographic classification guide which will protect the national security interests of both organizations. This working agreement shall be effective on the date of the last signature and will be reviewed annually by SNL and NSA. It will be valid until terminated by mutual agreement. AGREED: ALBERT NARATH RADM JAMES S. MCFARLAND President Plans and Policy TITLE TITLE SANDIA NATIONAL NATIONAL SECURITY AGENCY LABORATORIES June 10, 1991 22 July 1991 DATE DATE DRCM goes on to state, ... "and, as such, without a determined need-to-know, would never be released to a foreign national." 14 Correct "and, as such, without a determined need-to-know, would never be released to a foreign national." to read "An UNCLASSIFIED SAND report can be sent to a foreign national a foreign country as specified in Sandia Bulletin, V43, dated September 16, 1991 which was provided to Payne by D. Landa on 9/16/91. Further, since Payne checked with his classification officer, Bruce Green, who supervised the classification review of the report the SAND report, all necessary known permissions were required. Further, since the DRAFT paper date [October 16, 1990] preceded the signed agreement by Narath [June 10, 1991] and McFarland [22 July 1991] the agreement did not apply. In addition, Payne, as a DOE contractor employee, had agreed to follow the classification rules and procedures of DOE. But Payne abided by the Narath-McFarland agreement once it 5
was known to him." Attached is a copy of Sandia Bulletin, Landa routing slip, and enclosures. The DRCM continues, "The cover letter that accompanied these reports contained some inflammatory and derogatory comments about the particular sponsoring agency." This above statement is false. 15 Correct the above statement to read, "The cover letter that accompanied this report and DRAFT paper which were sent to the University of Tokyo stated, "Enclosed is a technical report describing my implementation of an NSA authentication algorithm. I checked with classification officer, Bruce Green, this morning to see if it is okay to send an OUO [Official Use Only] report to a foreign national. It is. ... Payne had all approvals from Sandia to send a copy of his SAND report. Payne then stated in the letter, "The problem with random number funding here in the United States is that it is too close to encryption which the National Security Agency wants to totally control." Encryption control is a well-known statement of fact and a center of great controversy in the United States. The statements I made were not "inflammatory and derogatory" and the "particular sponsoring agency" was mentioned by name in the SAND report. I attach a copy of my June 15, 1992 letter to Professor Masanori Fushimi. I quote from page 7 of my SAND report, "The National Security Agency (NSA) provides data authentication algorithms for treaty verification applications. Most of the algorithms are classified. NSA will declassify a treaty verification algorithm to a classification level that allows it to be shared with a treaty participant after the treaty has been signed. In 1973 NSA supplied to Sandia National Laboratories (SNL) a data authentication algorithm, called the Unmanned Seismic Observatory algorithm, for use in the Comprehensive Test Ban Treaty seismic verification systems. The report, submitted 6
by R. Benincasa of NSA, is classified and therefore cannot be cited here." I attach a copy of page 7. The DRCM continues, "The agency, which does not openly divulge its association with Sandia unless there is a need-to-know, is specifically named in the letter." NSA employee Donald Simard served as a Sandia internal report approval referee on Payne's SAND report! Therefore, correct "The agency. which does not openly divulge its association with Sandia unless there is a need-to-know, is specifically named in the letter." to read, "NSA was referenced in Payne's SAND report. NSA employee Donald Simard served as a Sandia referee of Payne's report. Simard approved of this NSA's association with Sandia in this UNCLASSIFIED SAND report." The DRCM continues, "Sandia works closely with this agency and it is considered by all levels of management to be a valued customer. E # 0981 gave a copy of this letter to a representative of this agency who is located on-site at SNL. In doing so, he placed the relationship between SNL and this agency in jeopardy. ... The representative of the sponsoring agency brought his copy of the letter to the attention of Jim Gosler, 5931, who then notified Craig Searls, 5911; E 01981 manager, and C. W. Childers, Director, 5900. Subsequently, various meetings were held to determine the rationale behind E #01981's actions. ... In addition, it is a requirement, as set forth in DCID-1/14, for employees in all special access program that they report all contacts/meetings with foreign national, not just foreign nationals from sensitive countries. At the special access in-brief, conducted by the Center Security staff, E # 01981 responsibilities regarding the protection of information and the requirement for the continued special access, including the necessity for reporting contacts with foreign nationals, were detailed. His signature on Form 4414 SCI Non-disclosure Agreement (NdA) which details the requirements for protection of information is a demonstration of this presence at that briefing. However, E # 01981 has recently stated that he was unaware of this policy." 7
16 Correct the above three paragraphs, "NSA employee Donald Simard [Simard] worked for Sandia supervisor Jim Gosler. Gosler was not in the office when Payne was going to report his contact with a foreign national to supervisor Gosler. Payne gave NSA employee Simard a copy of his letter to the University of Tokyo professor. Simard then passed this letter along to Golser. so that Payne would be in compliance of DCID-1/14. Simard refereed Payne's SAND report and approved it. Simard would not have approved Payne's report if he were offended. Thus Payne did not, or intend to, offend NSA but enumerated in a matter-of-fact way cryptologic deficiencies in NSA's work. Which NSA later attempted to fix. Payne complied with all know applicable rules which he obtained approval from his classification officer, Bruce Green, and technical information transfer specialist, Duane Landa, to send a copy of his UNCLASSIFIED SAND report to a professor at the University of Tokyo. Payne reported his contact with a foreign national to Sandia management. Payne followed the rules and the statement, "However, E # 01981 has recently stated that he was unaware of this policy." is patently false in the DCR's own words." And I attach a copy of Form 4414, SENSITIVE COMPARTMENTED INFORMATION NONDISCLOSURE AGREEMENT, which I DID SIGN. NOWHERE on Form 4414 is mentioned ANYTHING about foreign nationals! The Disciplinary Review Committee members, therefore, attempted to MISLEAD readers of these MINUTES." The DRCM continues, "The cover letter also included a statement in which # 01981 notes that he would prefer to present his technical proposals on this sensitive work directly to the foreign national's government rather than the government of the United States." is false. The cover letter stated, "I may be re-entering the random number business. Or I may not be depending on the outcome of a proposal I wrote. I sometimes think that my proposals should be directed to the Ministry of Education, Science and Culture of Japan instead of agencies in the United States." 8
17 Correct "he would prefer to present his technical proposals on this sensitive work directly to the foreign national's government rather than the government of the United States." to read, "Payne wistfully stated that his proposals on random number research would likely have a better chance of funding in Japan than the US because of the monopoly NSA appears to wish to have on random number and cryptographic research." The DRCM continues, "During these meetings, E #01981 claimed that he had the authority of release the sensitive information since he a checked with Sandia Classification regarding release of the SAND document"... 18 Correct the above statement to read, "Payne released no classified or even sensitive information. Payne had cleared sending a copy of his UNCLASSIFIED SAND report to a colleague at the University of Tokyo. The DRAFT paper contained no sensitive information. Only an idea on an algorithm, which was computationally unfeasible, to compute Euler's [circa 1750] phi function without factoring. Payne obtained all required Sandia approvals known to him." The DRCM continues, ... "had authored the two reports, and had done the work on his own time. However, in contradiction to this claim, all three documents had a "Sandia National Laboratories" banner on them." 19 Correct the above statement to read, ... "had written the paper RSA ENCRYPTION in about 1986 at his supervisor's, John Holovka, and project leader's, Jim Durham's request on Sandia time. RSA ENCRYPTION was NOT sent to Payne's colleague in Japan. The abandon DRAFT paper titled Public Key Encryption is Easy to Break states on the last page stated, DRAFT The author discovered this result between 8:30 and 10: pm on October 15, 1990. 9
Payne wrote Public Key Encryption is Easy to Break on his own time. The SAND report and RSA encryption were both written on Sandia time as Part of Payne's job assignments." The DRCM continues, "In addition, E #01981 utilized the Sandia mail system to send out the letter and reports rather than providing his own stamps. 20 Correct the above statement to read, "Sandia policy states that "the exchange of scientific and technical information is encouraged ... Payne, securing all known approvals required, officially exchanged information with a Japanese colleague working in the same technical area as Payne: pseudorandom number generation." The DRCM continues, "The reports are clearly Sandia property and are therefore subject to the standard security regulations government the release of sensitive information to outside agencies. " 21 Correct the above statement to read, "Payne's SAND report was UNCLASSIFIED. Payne's abandoned DRAFT paper was done on Payne's own time, preceded in date any agreement with NSA and did not contain sensitive information. Payne secured all approvals known to him for release of the SAND report and DRAFT abandon paper." The DRCM continues, "In addition, SLI 1008 states: "Organizations working on reimbursable program follow the distribution and marking requirements of the reimbursing agency. In addition to the standard approvals, approval of the DOE program manager is required before information relating to that program can be released." The release of these reports required approval of the valued reimbursing customer and Sandia management." 22 Correct the above paragraph to read, "Payne worked on the electronic lock breaking project funded by the Federal Bureau of Investigation. Payne did not, and even refused to work on NSA projects. Payne did not release any information dealing with electronic locks. Only information dealing with data authentication and public key cryptography. Payne did not require approval of any DOE manger since he did 10
not release any information "relating to that program. The DRCM continues, "Due to the sensitive nature of the work which is done in this Center, E # 01981's organization/Center also has a policy governing the release of unclassified material to outside agencies. The policy require that all such material should be reviewed by management prior to its release. The level of review is dependent on whether the information is classified or unclassified. E # 01981 clams that he was not aware of this policy." 23 Correct the above statement to read, "Payne worked in the Center between 1986 and about 1990. There were only the standard DOE rules governing materials for release at that time. Payne returned to the Center in 1992. Center management NEVER briefed Payne about such new rules." The DRCM continues, "It should be noted that E # 01981, due to the type of work he is performing at the Center, has a number of special accesses. The Center itself has additional security regulations and procedures, including limited physical accesses. The Center itself has additional security regulations and procedures, including limited physical access by other Sandians. Working in a special access environment should have made E # 01981 very cognizant of the need for additional care and caution in his interactions with others. Sandia's Code of Conduct, Personal Conduct, specifically states "we should conduct ourselves, both on and off the job, in a manner consistent with the national interest and the reasonable expectations of fellow employees and our customers." "Holding a Department of Energy granted security clearance and maintaining the confidence entrusted by SANDIA are requirement for continued employment. Maintaining a security clearance and Sand's trust require that employees follow high standards of personal integrity and reliability. All employees must conduct themselves, both on the job and off the job, in such a way that their reliability is not compromised. Furthermore, employee conduct must not endanger or harm the company's reputation or mission.~ 24 Correct the above paragraph to read, "Payne followed all rules of classification within the Department of Energy. Payne represented the Department of Energy's interests. Payne never agreed to adopt the National Security Agency's nor the Federal Bureau of Investigation's classification rules. Payne did his duty to uphold and promote the Department of Energy's 11
missions. The DRCM states, "Issues: Flagrant attack against a valued Sandia Customer; repeated insensitive to Security/classification requirements including divulging sensitive information to a foreign national; and violations of the Code of Conduct" 25 Correct the above paragraph to read, "Payne never made any "Flagrant attack against a valued Sandia Customer,..." Payne did alert NSA to generic cryptographic deficiencies in its cryptographic algorithms. Which NSA attempted to correct. Payne never committed "repeated insensitive to security/ classification requirements..." Instead Payne took careful precautions to obtain approval for all his actions through Department of Energy-approved channels. Payne NEVER " ... divulging sensitive information to a foreign national;" divulged any sensitive information to a foreign national. But rather, in at attempt to be friendly with a Japanese professor sent an UNCLASSIFIED SAND report with Sandia classification department approval to a previously hostile-appearing Japanese who previously addressed his letters to Payne as Dr. Payne. Payne now received the letter dated June 26, 1992. Dear Bill, Thank you very much for the recent letter as well as a SANDIA REPORT and a DRAFT on Public Key Cryptography. ... I attach a copy. The Japanese professor confirmed receiving only a copy of the UNCLASSIFIED SAND report and DRAFT paper. Not THREE technical reports claimed by the DRC! 2[5A] Correct the statement, "Furthermore, employee conduct must not endanger or harm the company's reputation or mission.~' to read, "Payne conducted himself as to bring credit to the missions of the Department of Energy." 12
The DRCM concludes, "Resolution: The following resolution [sic] were adopted by the Disciplinary Review Committee by a unanimous vote (7 to 0): (1) E # 01981 should be terminated for conduct that has the potential of compromise the mission of a valued customer and behavior designed to offend the valued customer. The termination is also warranted due to E # 01981's violation of the SNL Code of Conduct, violation of Security Regulations, disregard of an agreement between SNL and a valued customer concerning the release of sensitive information, and his disregard of his line organization's policy concerning the release of unclassified information." 26 Correct the above paragraph to read, "Payne (E# 01981) adhered to SNL's code of conduct, represented the Department of Energy's interests in the face of an attempted invasion of SNL by NSA through it reimbursable 'work for others' fund1ng at SNL, never violated any agreement between SNL and a "valued customer" [NSA], never released any sensitive information, only UNCLASSIFIED, with Sandia classification approval, and public information, and was never briefed, " ... of his line organization's policy concerning the release of unclassified information." Payne was fired from Sandia National Laboratories for no valid reason. " As a formality, Secretary Pena, as you may know, Fifth, the request should include the name and address of the requester. It is a good idea for a requester to include a telephone number. This information is included at the end of this letter. Now, Secretary Pena, procedure for handling these corrections is quite formal: An agency that receives a request for amendment under the Privacy Act must acknowledge receipt of the request within 10 days (not including Saturdays, Sundays, and legal holidays). The agency must promptly rule on the request. The agency may make the amendment requested. If so, the agency must notify any person or agency to which the record had previously been disclosed of the correction. If the agency refuses to make the change requested, the agency must inform the requester of: (1) the agency's refusal to amend 13
[Page 14 not provided]
(A) makes a determination under subsection (d)(3) of this section not to amend an individual's record in accordance with his request, or fails to make such review in conformity with that subsection; (B) refuses to comply with an individual request under subsection (d)(1) of this section; (C) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or (D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. (2)(A) In any suit brought under the provisions of subsection (g)(l)(A) of this section, the court may order the agency to amend the individual's record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. (B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. (3)(A) In any suit brought under the provisions of subsection (B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. (4) In any suit brought under the provisions of s subsection (g)(1) or (D) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of (A) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of $1,000; and (B) the costs of the action together with reasonable attorney 15
fees as determined by the court. (5) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Secretary Pena, date and time of "the discovery by the individual of the misrepresentation" is Saturday 3/22/97 10:10. This is penciled on the April 15, 1994 letter to Burtner in the upper right hand corner. And now, secretary Pena, we come to the criminal violations of the Privacy Act. Criminal complaint affidavits against Robles, Burtner, and Trujillo have been filed. As you may be aware 5 USC 552a(b) , the Privacy Act, states, CONDITIONS OF DISCLOSURE - No agency shall disclose any record which is contain in a systems of records by any means of communications to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to who the record pertains, ... Robles, Burtner, and Trujillo did not have my written request to release documents 6 and 7. Therefore, the 5 USC 552a(i)1 applies. CRIMINAL PENALTIES. - Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses of the specific material is so prohibited, willfully disclosed the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. Now, Secretary Pena, repeated requests for documents 6 and 7 from 1992 even through both the Freedom of Information Act and Privacy 16
Act have NOT produced these documents. For example, I wrote, Wednesday March 27, 1996 06:13 Ms. Elva Barfield Freedom of Information Office U. S. Department of Energy Albuquerque Operations Office/OIEA POB 5400 Albuquerque, NM 87185-5400 ... Your two letters dated MAR 21 indicates that neither Sandia or DOE/ALOO intends to comply with either the Privacy Act (PA) or the Freedom on Information Act (FOIA). ... This is a request under the Privacy Act of 1974, 5 U.S.C. 552a. I request copies of 1 ALL disclosures, both written and verbal, made by any DOE/ALOO or Sandia employee containing the name of William H. Payne or similar use (Bill Payne, Payne, etc.) between October 1, 1991 until March 27, 1996 NOT AUTHORED BY PAYNE. ... And I wrote both Sandia President C. Paul Robinson and DOE/ALOO director Bruce G. Twining on November 13, 1995, 1 disclosures, both written and verbal, made to you containing the name of William H. Payne or similar use (Bill Payne, Payne, etc.) between October 1, 1990 until November 13, 1995. 2 disclosures, both written and verbal, made by you containing the name of William H. Payne or similar use (Bill Payne, Payne, etc.) October 1, 1990 until November 13, 1995. I did not receive copies of documents 6 AND 7. And I appealed these denials. Still no documents 6 and 7. So, secretary Pena, we must assume that documents 6 and 7 came from some undeclared system of records. Declared system of records is required by section (e)(4) of the Privacy Act. (4) subject to the provisions of paragraph (11) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include (A) the name and location of the system; (B) the categories of individuals on whom records are 17
maintained in the system; (C) the categories of records maintained in the system; (D) each routine use of the records contained in the system, including the categories of users and the purpose of such use; (E) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records; (F) the title and business address of the agency official who is responsible for the system of records; (G) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him; (H) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content; and (I) the categories of sources of records in the system; (5) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination; (6) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection (b)(2) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes; (7) maintain no record describing how any individual exercises rights guaranteed by the first amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity; (8) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record; As you may know, Secretary Pena, (i)(1) Criminal Penalties.-- ... (2) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this 18
section shall be guilty of a misdemeanor and fined not more than $5,000. Sandia's Disciplinary Review Committee, whose members are listed on document 7 kept SECRET system of records. Document 7 is a sample record in this SECRET system of records. Therefore, the Disciplinary Review Committee has violated the criminal provisions of the Privacy Act. In addition, I have been deprived of my civil rights as guaranteed under the Constitution for being unable, until now, to request enclosed amendment to document 7. This denial of my civil right is, of course, at Title 18 felony violation of law. I attach a copy of the criminal complaint affidavit addressed to magistrate judge Patel. While we cannot negotiate settlement of criminal violations, we can negotiate a settlement to the civil aspects of the damage done by documents 6 and 7. Ted G. Lewis is a former ms and Phd student of mine. Lewis has been following my case since its inception. Lewis received two copies of my SAND report. Lewis is currently computer science department chairman at the Naval Postgraduate School. Lewis is also editor-in-chief of IEEE Computer. Lewis, in his positions, has much experience in negotiation. I asked Lewis on April 17 what my starting negotiating position should be to settle this unfortunate case. Lewis responded. "$10 million." I look forward to your compliance with the directives of the amendment section of the Privacy Act. And my settlement team welcomes any opportunity to settle this unfortunate matter. Before it worsens of course. Sincerely, [Signature] William H. Payne VERIFICATION 19
Under penalty of perjury as provided by law, the undersigned certifies pursuant to 28 USC section 1746 that material factual statements set forth in this Privacy Act amendment request are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true. 5/8/97 [Signature] Date William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 505-292-7037


[End]

See complaint and documents referenced here:

http://jya.com/snlhit.htm