30 December 2000

[Received 29 December 2000; 2 pages.]

NATIONAL SECURITY AGENCY
FORT GEORGE G. MEADE, MARYLAND 20755-6000

Serial: J9517D-98
18 December 2000

Mr. John Young
JYA/Urban Deadline
251 West 89th St.
Suite 6E
New York, NY 10024

Dear Mr. Young:

This replies to your 24 October 1999 letter appealing the National Security Agency's (NSA) refusal to release information under the Freedom of Information Act (FOIA) responsive to your original request for TEMPEST-related documents. Your original request, the documents at issue, the NSA Deputy Director of Policy's response dated 7 October 1999, and your letter of appeal have been reviewed. As a result of that review, I determined an additional review of the documents should be conducted. Consequently, three of the documents are being released in their entirety and five documents are being released in part. The documents are enclosed. Two documents remain currently and properly classified and are withheld in their entirety.

The withheld information meets the standards for classification set forth in subparagraph (a) of section 1.2 of Executive Order 12958. In addition, the information meets the specific criteria for classification established in section 1.5(c), (e), and (g). The information remains currently and properly classified SECRET in accordance with the criteria established in section 1.3 of Executive Order 12958. Accordingly, the records are exempt from disclosure pursuant to 5 U.S.C. § 552(b)(1).

The information is also protected against disclosure by 5 U.S.C. § 552(b)(3) which provides that the FOIA does not apply to matters that are specifically exempted from disclosure by statute. The applicable statutory provisions with regard to the information at issue are: 18 U.S.C. § 798, which prohibits the release of classified information concerning communications intelligence activities to unauthorized persons; and Section 6 of the National Security Agency Act of 1959 (Public Law 86-36, 50 U.S.C. § 402 note), which provides that no law shall be construed to require the disclosure of the organization, personnel, functions or activities ofNSA.

Since your appeal is partially denied, you are hereby advised of your right to seek judicial review of my determination pursuant to 5 U.S.C. § 552(a)(4)(B) in the United States District Court in the district which you reside, in which you have your principal place of business, in which the Agency's records are situated (U.S. District Court of Maryland), or in the District of Columbia.

Sincerely,

[Signature]

WILLIAM B. BLACK
Freedom of Information Act/Privacy Act
Appeals Authority

Encl:
a/s

[Eight documents enclosed:]

Three full documents:

NSTISSAM TEMPEST/2-95, 12 December 1995, (FOUO) Red/Black Installation Guidance

Specification NSA No. 94-106, 24 October 1994, (FOUO) Specification for Shielded Enclosures

Specification NSA No. 89-02, TBD, [No date], (FOUO) Specification for Shielded Enclosures [This document is almost identical to NSA No. 94-106 which appears to have superceded it, thus it has not been transcribed.]

Five partial documents:

NSA/CSS 90-5 (Secret), 7 June 1991, Tempest Security Requirements for NSA/CSS Contractors Processing Sensitive Compartmented Information (SCI)

NACSIM 5000, February 1982 (Confidential), Tempest Fundamentals

Appendix A, NACSIM 5000, Glossary, 31 March 1982 (Confidential) [This appendix duplicates one in NACSIM 5000 above, thus has not been transcribed.]

NACSEM 5112 (RP-4), April 1975, Reprint July 1987 (Secret), NONSTOP Evaluation Techniques

NSTISSI No. 7000, 29 September 1993 (Confidential), Tempest Countermeasures for Facilities