5 December 2005

Related: http://cryptome.org/nsa-foia-nse5.htm


[2 pages, received 5 December 2005.]

Central Intelligence Agency
Washington, DC 20505

29 November 2005

Mr. John Young
251 West 89th Street, Suite 6E
New York, NY 10024

Reference: F-2006-00139 / NSA FOIA Case: 19136-R2

Dear Mr. Young,

In the course of processing your 8 September 2001 Freedom of Information Act (FOIA) request for information on "the invention, discovery and development of ‘non-secret encryption' (NSE) and public key encryption (PKC)," the National Security Agency (NSA) located a CIA record and referred it to us for review and direct response to you.

We reviewed the document and determined that it is properly classified and must be denied in its entirety on the basis of FOIA exemptions  (b)(1) and (b)(3). An explanation of exemptions is enclosed.

You have the right to appeal this decision by addressing your appeal to the Agency Release Panel within 45 days from the date of this letter, in my care. Should you choose to do this, please explain the basis of your appeal.

Sincerely,

[Signature]

Scott Koch
Information and Privacy Coordinator

Enclosure

_____

[Enclosure]

Explanation of Exemptions

Freedom of Information Act:

[Of seven exemptions, those two cited in the denial above]

(b)(1) applies to material which is properly classified pursuant to an Executive order in the interest of national defense or foreign policy;

(b)(3) applies to information pertaining to the CIA Director's statuatory obligations to protect from disclosure intelligence sources and methods, as well as the organization, functions, names, official titles, salaries or numbers of personnel employed by the Agency, in accordance with the National Security Act of 1947 and/or the CIA Act of 1949;

Privacy Act:

[Seven exemptions omitted.]


CRYPTOME      251 WEST 89TH STREET         NEW YORK NY 10024

December 5, 2005

Agency Release Panel
c/o Mr. Scott Koch
Information and Privacy Coordinator
Central Intelligence Agency
Washington, DC 20505

RE F-2006-00139 / NSA FOIA Case: 19136-R2

Dear Agency Release Panel,

This appeals the CIA decision of 29 November 2005, received today, denying release of a CIA record related to my FOIA request for information on "the invention, discovery and development of ‘non-secret encryption' (NSE) and public key encryption (PKC)," referred to the CIA by the National Security Agency.

The basis of the appeal is the public interest in learning about the foundation of the most commonly-used and trusted encryption method, public key, and the security of this technology. The global, widespread use of this technology for information security is unprecedented and those who use it deserve to know as much as possible about its strengths and weaknesses. The CIA is asked to release the full record or to release those parts of it which will contribute to a better understanding of the trustworthiness of PKC.

Your response will be published on Cryptome.org, a web site which provides information on encryption and information security.

Thank you very much,

John Young