NATIONAL SECURITY AGENCY CENTRAL SECURITY SERVICE
FORT GEORGE G.   MEADE,   MARYLAND 2O755-6OOO
FOIA Case:  48081 19 April 2006
 
Ms. Sue Jeffers OH  44240
Dear Ms. Jeffers:
This responds to your Freedom of Information Act (FOIA) request dated 19 December 2005, which was received by this office on 19 January 2006, for records maintained by NSA pertaining to and/or captioned:  the Portage Community Peace Coalition, the Kent State AntiWar Committee, the International Socialist Organization, Northeast Ohio Anti-war Coalition, and all information related to anti-war organizations, meetings, activities, etc. in Ohio. Your letter has been assigned Case Number 48081.

For purposes of this request and based on the information you provided in your letter, you are an "all other" requester. There are no assessable fees for this request.  Your request has been processed under the provisions of the FOIA.

As you know, the President of the United States "authorized the National Security Agency [(NSA)], consistent with U.S. law and the Constitution, to intercept the international communications of people with known links to al Qaeda and related terrorist organizations." The President also noted that, "[t]his is a highly classified program that is crucial to our national security."

Rest assured that safeguards are in place to protect the civil liberties of U.S. citizens.   However, because of the highly classified nature of the program, we can neither confirm nor deny the existence of records responsive to your request.  The fact of the existence or non-existence of responsive records is a currently and properly classified matter in accordance with Executive Order 12958, as amended.  Thus, your request is denied pursuant to the first exemption of the FOIA, which provides that the FOIA does not apply to matters that are specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign relations and are properly classified pursuant to such Executive Order.

Moreover, the third exemption of the FOIA provides for the withholding of information specifically protected from disclosure by statute.  Thus, your request is also denied because the fact of the existence or non-existence of the information is exempted from disclosure pursuant to the third exemption. The specific statutes applicable in this case are Title 18 U.S. Code 798; Title 50 U.S. Code 403-l(i); and Section 6, Public Law 86-36 (50 U.S. Code 402 note).

As your request is being denied, you are hereby advised of this Agency's appeal procedures. Any person denied access to information may file an appeal to the NSA/CSS Freedom of Information Act Appeal Authority. The appeal must be postmarked no later than 60 calendar days of the date of the initial denial letter.  The appeal shall be in writing addressed to the NSA/CSS FOIA Appeal Authority (DC34), National Security Agency, 9800 Savage Road _ . STE 6248, Fort George G. Meade, MD  20755-6248.  The appeal shall reference the adverse determination and shall contain, in sufficient detail and particularity, the grounds upon which the requester believes that the determination is unwarranted. The NSA/CSS FOIA Appeal Authority will endeavor to respond to the appeal within 20 working days after receipt, absent any unusual circumstances.
Sincerely,
 

LOUIS F. GILES
Director of Policy