Make sure you ask for it in computer-readable format.  Otherwise, some
   joker might send it to you on paper.
        Jim Bell
     __________________________________________________________________

   From: Ryan Carboni <ryacko@gmail.com>
   To: cryptome@freelists.org
   Cc: cpunks <cypherpunks@cpunks.org>
   Sent: Thursday, December 24, 2015 2:41 PM
   Subject: Re: [cryptome] Re: FOIPA adventures
   [1]https://en.wikipedia.org/wiki/Inslaw#Inslaw_Affair_divides_into_two_
   separate_issues
   Clearly you should make a request for the source code for the the
   Promis software as used by the FBI. It's public domain.
   On Thu, Dec 10, 2015 at 3:54 AM, coderman <[2]coderman@gmail.com>
   wrote:

     On 12/9/15, coderman <[3]coderman@gmail.com> wrote:
     > a most recent Glomar:
     >
     > "Disclosure timeline and decision making rationale for disclosure
     of
     > vulnerability MS14-066 / CVE-2014-6321 - "Vulnerability in
     Schannel
     > Could Allow Remote Code Execution (2992611)" to Microsoft
     Corporation
     > as part of the Vulnerabilities Equities Process. Please include
     > timeline for initial discovery with source of discovery, first
     > operational use, and finally, date for vendor notification."
     > -
     >
     [4]https://www.muckrock.com/foi/united-states-of-america-10/disclose
     ddisgustagency-22289/
     >
     > "The request has been rejected, with the agency stating that it
     can
     > neither confirm nor deny the existence of the requested
     documents."
     > -
     >
     [5]https://www.muckrock.com/foi/united-states-of-america-10/disclose
     ddisgustagency-22289/#comm-209022
     reply(appeal):
     '''
     I reject and demand appeal of your rejection of this request.
     First and foremost, please recognize that the GSF Explorer, formerly
     USNS Hughes Glomar Explorer (T-AG-193), for which this Glomar
     response
     is so named, was a purely military operation, using custom-built
     military equipment, on an exceptionally sensitive military mission
     to
     recover military equipment. Observe that the "Vulnerabilities
     Equities
     Process" is a public outreach activity communicating with third
     party
     partners, acting in the public interest regarding software used by
     public citizens and business alike - a scenario at opposite ends and
     means from which this denial blindly overreaches.
     Second, observe that existing precedent supports the release of
     materials responsive to this request. In American Civil Liberties
     Union v. Department of Defense Case No: 04-CV-4151 (ACLU v. DoD) the
     courts have affirmed the public interest as compelling argument for
     favoring the public interest against clearly military efforts. The
     Glomar denial should be well targeted; this targeted falls well
     outside of the the "Vulnerabilities Equities Process", which is a
     public outreach activity communicating with third party partners,
     acting in the public interest, regarding software used by public
     citizens and business alike.
     Third, consider that it is a well established technique in the
     information security industry to identify the origin and nature of a
     defect discovery and disclosure timeline. This information is used
     for
     myriad of secondary research, analysis, and automation efforts
     spanning numerous industries. The utility of of disclosure timeline
     information and context has decades of rich support and strong
     evidence of public interest benefit, particularly regarding long
     reported and fixed defects, such as this one, which has patches
     available for over a year.
     Fourth, observe that every hour of expert opinion coupled with legal
     review amounts to a non-trivial expenditure of hours which are a
     sunk,
     throw away cost of FOIA communication. While as a taxpayer I
     appreciate the service of FOIA professionals such as those involved
     in
     this request, who provide tireless effort the all hundreds of
     millions
     of US citizens, my personal cost should be recognized. For this
     reason
     a deference in favor of public interest and disclosure is well
     supported for this request regarding the "Vulnerabilities Equities
     Process", which is a public outreach activity communicating with
     third
     party partners, acting in the public interest, regarding software
     used
     by public citizens and business alike.
     Thank you for your time, and best regards,
     '''
      -
     [6]https://www.muckrock.com/foi/united-states-of-america-10/disclose
     ddisgustagency-22289/#comm-209748

References

   1. https://en.wikipedia.org/wiki/Inslaw#Inslaw_Affair_divides_into_two_separate_issues
   2. mailto:coderman@gmail.com
   3. mailto:coderman@gmail.com
   4. https://www.muckrock.com/foi/united-states-of-america-10/discloseddisgustagency-22289/
   5. https://www.muckrock.com/foi/united-states-of-america-10/discloseddisgustagency-22289/#comm-209022
   6. https://www.muckrock.com/foi/united-states-of-america-10/discloseddisgustagency-22289/#comm-209748