MDR request Philips

Jurre van Bergen filed this request with the National Security Agency of the United States of America.
Tracking #

106388

Est. Completion None
Status
Awaiting Appeal

Communications

From: Jurre van Bergen


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

This is a request for a mandatory declassification review (MDR), under the terms of Executive Order 13526 of the following records: document or documents — often called memorandum of understanding (MOU) or memorandum of agreement (MOA) that outline the current relationship between the National Security Agency and "Philips Crypto," and/or "Philips USFA," and/or "NV Philips Gloeilampenfabrieken," and/or "Philips B.V."

If you regard these documents as potentially exempt from disclosure requirements, I request that you nonetheless exercise your discretion to disclose them. Please release all reasonably segregable nonexempt portions of documents.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jurre van Bergen

From:

The request has been rejected by the agency.

From: Jurre van Bergen

Dear sir/madam,

This is an appeal to MDR request 106388.

I don't agree with the NSA that the material should be denied in full because it might touch upon section 1.4 (e)(g), as outlined in EO13526 in your letter dated 20th of March, 2019.

As outlined in section 1.5 of EO13526 it says:

(d) No information may remain classified indefinitely. Information marked for an indefinite duration of classification under predecessor orders, for example, marked as ‘‘Originating Agency’s Determination Required,’’ or classified information that contains incomplete declassification instructions or lacks declassification instructions shall be declassified in accordance with part 3 of this order.

Has the alleged documents that I requested been properly classified? Have their classification been extended?

As outlined in section 1.5 of EO13526

(b) If the original classification authority cannot determine an earlier specific date or event for declassification, information shall be marked for declassification 10 years from the date of the original decision, unless the original classification authority otherwise determines that the sensitivity of the information requires that it be marked for declassification for up to 25 years from the date of the original decision.

In addition, no actual scientific matters will be revealed by declassifying the contract, actual sensitive matters, that would still be reasonably relevant, could still be classified and redacted. So part of the document could be released in part.

As the NSA has revealed information before about their scientific advances, for example, publishing about the STE phones by contractor L3. https://www2.l3t.com/cs-east/what-we-do/products/encryption-products_secure-terminal-equipment.htm

Or as U.S. President Ronald Reagan once said, tear down that classification!

If you have any further questions, feel free to contact me.

Best regards,
Jurre van Bergen

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