Friday 5/29/986:52 PM UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA John Gilmore ) Arthur R. Morales ) William H. Payne ) ) Plaintiffs, ) ) Lieutenant General Kenneth A. Minihan, USAF ) Director, National Security Agency ) National Security Agency ) 9800 Savage Road ) Fort George G. Meade, MD 20755-6000 ) ) Defendant ) ____________________________________________) DEMAND FOR JURY TRIAL Gilmore http://www.cygnus.com/~gnu/ Hope you got my three phone messages. My belief is that NO ONE has ever sued over a FOIA fee waiver denial. BECAUSE of the VISIBILITY that John Young has given NSA lawsuits http://www.jya.com/nsa-cases.htm I think that it is a propitious time to sue NSA in the District of Columbia over a FOIA fee waiver denial. Pro se for economic and LEGAL reasons. And, of course, we should try to get some crypto patents at the same time. I have some ideas for keying crypto devices http://av.yahoo.com/bin/query?p=gfsr&hc=0&hs=0 Let me know your thoughts. By secure communications, of course bill Friday 5/15/98 3:48 PM By e-mail and US mail Lieutenant General Kenneth A Minihan, USAF Director, National Security Agency National Security Agency 9800 Savage Road Fort George G. Meade, MD 20755-6000 Dear General Minihan: Purposes of the letter are to 1 appeal a FOIA fee waiver denial. 2 continue to explore settlement possibilities of our current lawsuit. 30 March Joann H. Grube, Deputy Director of Policy, NSA, wrote in response to my Friday February 27, 1998 attached letter to you There are 706 cases ahead of your in our processing queue. .. Please be advised that your request for a waiver of fees has been denied. Public knowledge of how much taxpayer NSA has likely squandered ATTEMPTING to build public key crypto chips certainly in the public interest. Therefore, I appeal Grube's denial. Grube wrote Any person notified on an adverse determination may, within 60 days after notification of the determination, file an appeal to the NSA/CSS Freedom of Information Act Appeal Authority. The appeal shall be in writing and addressed to the NSA/CSS FOIA Appeal Authority, ... General Minihan, Grube apparently is attempting to invent her own FOIA appeal rules instead of follow federal law. Whenever a FOIA request is denied, the agency must inform the requester of the reasons for the denial and the requester's right to appeal the denial to the head of the agency. I ask that you educate and possibly reprimand Grube for her failure to properly state law. As you may be aware (6)(A) Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall-- (i) determine within ten days \1\ (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination; and And you may also be aware ------------------------------------------------------------------------- \1\ Under section 12(b) of the Electronic Freedom of Information Act Amendments of 1996 (Pub. L. 104-231; 110 Stat. 3054), the amendment made by section 8(b) of such Act striking ``ten days'' and inserting ``20 days'' shall take effect on October 3, 1997. ------------------------------------------------------------------------- (ii) make a determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal. If on appeal the denial of the request for records is in whole or in part upheld, the agency shall notify the person making such request of the provisions for judicial review of that determination under paragraph (4) of this subsection So I expect a response to this appeal within the time allotted to you by law. Our lawsuit has attracted international attention on Internet. http://www.jya.com/whp050898.htm http://www.jya.com/whp-10usca.htm http://www.jya.com/whp043098.htm http://www.jya.com/mf050998.htm http://jya.com/whpfiles.htm http://www.jya.com/crack-a5.htm http://caq.com/cryptogate http://www.aci.net/kalliste/speccoll.htm http://www.aci.net/kalliste/nukearse.htm Partially, perhaps, as the result of the about .5 million dead Iranian Shiite Muslims. Or maybe judicial misconduct? Morales and I plan to appeal to the Tenth in event that Morales' dismissal is upheld. Further, we feel that YOU must be held accountable. Therefore we will appeal your removal from our lawsuit. But this is sure to cost the taxpayer much more money. And failure to fairly settle these unfortunate matters raises the possibility of a understandable, or opportunistic, retaliatory attack for NSA's bungled spy sting on Iran by the aggrieved or their enemies. Innocent people may be harmed. Both alternatives are unpleasant to think about. Therefore, Morales and I continue to offer to engage in settlement talks with YOU. I cannot find your e-mail address Therefore I will forward the e-mail copy of this FOIA appeal /settlement letter to Ray Kammer of NIST [http://www.nist.gov so that Kammer can possibly forward an e-mail to you. I am not reading e-mail. Sincerely, William Payne 13015 Calle de Sandias Albuquerque, NM 87111 505-292-7037 3