November 22, 1993 Chief, Office of Policy National Security Agency/Central Security Service Fort George Meade, MD 20755-6000 Reference: RELEASED RECORDS Dear Sir or Madam: This is a request under the Freedom of Information Act [5 U.S.C. € 552(a)] on behalf of my client, Mr. John Gilmore. I write to request a copy of all agency records or portions thereof, in electronic or other form, which NSA has declassified during the months of September and October 1993. This request specifically excludes any information already provided to Mr. Gilmore in any other request. We also remind you that the long-standing rule that the FOIA "makes no distinction between records maintained in manual and computer storage systems," Yeager v. D.E.A., 678 F.2d 315, 321 (D.C.Cir. 1982), has recently been amplified in Armstrong v. E.O.P., No 93-5002 (D.C. Cir., Aug. 13, 1993). Any paper print- outs of electronic records, such as e-mail, must include all information in the electronic record. Assuming that there would be no loss of releasable information, such as written comments made on paper print-outs, we therefore ask you to release all responsive electronic records in electronic, i.e., machine-readable, form. Mr. Gilmore would also like a list of all records responsive to this request if such a list can be provided in advance of the records themselves. As you know, the FOIA provides that an agency must make an initial determination of whether to comply with a FOIA request within ten working days of receiving the request. Your own regulations provide that Ò[t]he Chief, Office of Policy, shall notify the requester of his determination within 10 working days of his receipt of the request.Ó [32 C.F.R. € 299.4(b)]. Please do not delay processing because of uncertainty about the request. I have reasonably described the records sought. If you have any questions regarding this request, please telephone me at the above number, and we can discuss your questions. I also request that fees be waived because Mr. Gilmore is deemed a media requester by your agency for FOIA purposes. Should there be any problem in this regard, Mr. Gilmore promises to pay up to $1000 in fees, and you should therefore begin processing of this request without fee-related delays. As provided under the FOIA, I will expect a reply within ten (10) working days. Sincerely, Lee Tien Attorney at Law On behalf of Mr. John Gilmore