24 October 1999

For background on the FOIA request: http://jya.com/nsa-foia-req.htm

For comprehensive TEMPEST public information (non-secret, that is): http://www.eskimo.com/~joelm/tempest.html

[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

[Attached FOIA Request]

> 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

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