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Dear FOIA officer(s)

Pursuant to the Freedom of Information Act, 5 U.S.C. 552, as amended by Pub. L. 93-502, 88 Stat. 1561 I wish to obtain access to copy of all the issues of THE NATIONAL SECURITY AGENCY NEWSLETTER which contain the term ”Fukushima”, or ”Snowden”, or ”Greenwald” or ”Manning”, or ”FOIA” or ”PRISM” . This includes all issues from March 11, 2011 unto the time of your final response and also includes all ”Special Edition ” issues of the NEWSLETTER.

None of the above NEWSLETTER are ”classified” nor do any of them contain any ”classified” information. Therefore, since all issues are totally unclassified, the Title 5 U.S.C. 552 (b)(1) exemption will not apply. In addition, the NEWSLETTER is designed not only for all NSA employees but also for their families who have not type of security clearance whatsoever and who are not even employees of the United States Government. This amounts to a waver by NSA of Public Law 86-36 as well as any other statute which may be used as a basis for an exemption of the Act.

Since none of the statutory exceptions from the Information Act’s mandatory disclosure provisions applies access to the requested records should be granted within ten (10) days. In the unlikely event, however, that access is denied to any part of the requested records please describe the deleted material in detail and specify the statutory basis for the denial as well as your reasons for believing that the alleged statutory justification applies in this instance. Please separately state your reasons for not invoking your discretionary powers to release the requested documents in the public interest. Such statements will be helpful to me in deciding whether to appeal an adverse determination, and in formulating arguments in case of an appeal. The Agency’s written justifications might also help to avoid the possibility of unnecessary litigation.

I anticipate, however, that you will make the requested materials available to me within the statutorily prescribed basis.


Takanori Eto