JASON
LEOPOLD
NATIONAL SECURITY AGENCY CENTRAL SECURITY SERVICE
FORT GEORGE G. MEADE MARYLAND 20755-6000
FOIA
Case:
78137E
29
April
2016
1669
BENEDICT
CANYON DRIVE BEVERLY HILLS CA
90210
Dear
Mr. Leopold:
This is
the
final
response
to
your
Freedom
of
Information
Act
(FOIA)
request
of
30
May
2014,
and
addresses the
specific
items
listed
below:
3
any
and
all
records
about
the
NSA's
search
be
it
manual
or
electronic,
for
emails
written/
sent
by Edward Snowden
4)
any
and
all
records
that
refer to
the search
for
emails
writtenjsent
by Edward Snowden,
in particular,
a
search
for
emails
in
which
Mr.
Snowden reported raised
questions/concerns about
certain
NSA
programs
and
operations
andjor
raised
questions/concerns
about
the
legality
andjor
illegality
of
certain
NSA
programs and
operations;
7
any
and
all
records
about
the
type
of
search the
NSA
conducted in order
to locate
any
emails
written/
sent
by
Edward Snowden;
17)
any
and
all
records
that
refers to
discussions
about
emails
written/
sent
by
Edward Snowden, particularly emails
in
which Snowden reportedly raised
questions/concerns
about
certain
NSA
programs
and
operations
and/or
raised questions/concerns
about
the
legality
andjor
illegality
of
certain
NSA
programs
and
operations;
18)
any
and
all
emails
that
will
show where
the
NSA
searched
to locate
emails
written/
sent
by Edward Snowden.
We
have completed
our
search
for
records
for
these
portions
of
your
request. These
five
items
of
your request
that
are the subject
of
today s
production
significantly
overlap;
for
this reason,
we
are
unable
to tie
each
responsive record
to
a
particular
item
of
your
request. The records being
produced
today
are
responsive
to
more
than
one
specific
item.
Pursuant
to
agreement
by
both
parties,
NSA
has
taken steps
to
remove
duplicated
documents.
First,
we
have
removed exact
duplicates
of
email
strings
provided
by more
than
one
person
,
as
well
as
documents
provided
in
one production
release
that
are
also related
to
categories
of
information being
produced
for a
later production
release.
Once produced,
the
same document
will
not
be reproduced.
Furthermore,
we
are
not
producing partial strings
of
·
identical email
chains
when
a
complete
string
is
produced.
That
is,
if a
chain
of
20
emails
is
produced,
NSA will
not
be
producing
as
separate documents each
of
the
19
email
chains
that
occur
below
the
final email. Any
emails containing
FOIA
Case:
78137E
new information or
chains
that
have
been
altered
are not
limited
in
this
manner and
are
produced
as
unique documents.
Due
to
a
technical
flaw
in one
of
our
operating systems
, a few
timestamps in the
email
headers
within
certain documents
were
unavoidably altered by
the
system
during their
processing
for
this
case. Those
timestamps
are
identified
in
reference
stamps
indicating duplicated
text.
As a
result
of
the
Agency s
review,
certain
information
has
been
deleted
from
the
enclosures.
Some of
the
information
deleted
from
the documents
was
found
to
be
currently
and
properly classified
in
accordance with
Executive
Order
13526.
This
information
meets the
criteria
for
classification
as
set
forth
in
Subparagraph
c)
of Section 1.4
and
remains
classified SECRET
as
provided
in
Section
1.2
of
the
Executive Order.
The information
is classified
because
its disclosure could reasonably be
expected to
cause
serious damage
to
the national
security.
Because
the
information
is
currently
and
properly
classified
,
it
is
exempt
from
disclosure
pursuant
to
the
first
exemption
of
the
FOIA
5
U.S.C.
Section
552(b)(1)).
This
Agency
is
authorized by various
statutes
to
protect certain
information
conceming
its
activities.
We
have determined
that
such
information
exists
n
these
documents.
Accordingly,
those
portions are exempt
from
disclosure
pursuant
to
the third
exemption
of
the
FOIA,
which
provides
for
the
withholding of
information
specifically
protected
from
disclosure
by
statute.
The
specific
statute
applicable
in this
case is
Section
6,
Public
Law
86-36
(50 U.S.
Code
3605). In addition,
some
of
the
information
has
been
deleted
from
the
enclosures
pursuant
to
the
fifth
exemption
of
the
FOIA.
This exemption
applies
to
inter-agency or intra-agency
memoranda
or letters which
would
not
be
available
by law to
a
party in
litigation
with
the
agency
,
protecting
information
that
is
normally
privileged
in
the
civil
discovery
context
,
such as
information
that
is
part
of
a
predecisional
deliberative
process,
attorney-client
work product,
and
attorney-client
privilege.
Please
note
that
the
Agency
has
not
redacted
all
information
that
constitutes
predecisional
deliberative
process
material,
attorney-client work product,
and
attorney-client
privilege.
In
accordance
with
FOIA
guidance promulgated
by
the
Attorney General
on
19
March 2009
, NSA
has
only
withheld
that
predecisional
deliberative
process
material,
attorney-client work product,
and
attorney
-
client
privilege
information
that
would
cause
a
foreseeable
harm
to
the
Agency
s.
internal
deliberative
processes. Personal
information
regarding individuals
has
also
been
deleted
from
the
enclosures in accordance
with
5 U.S.C.
552
(b)(6).
This
exemption
FOIA
Case:
78137E
protects
from
disclosure information
that
would
constitute
a
clearly
unwarranted
invasion
of
personal
privacy.
In
balancing
the
public
interest
for
the
information you
request against the
privacy
interests
involved, we
have
determined
that
the
privacy
interests
sufficiently
satisfy
the
requirements
for
the
application of
the
(b)(6)
exemption.
Finally
,
Exemption
7
of
the
FOIA
protects
from
disclosure records
or
information
compiled
for
law
enforcement
purposes.
This includes information
that,
if
released,
could
interfere with
enforcement
proceedings,
or
would reveal law
enforcement
techniques
or procedures. The
information
withheld
under
(b)(7)(A)
and
(b)(7)(E)
from
the
enclosures
meets the
threshold
requirements
for
withholding
under
exemption
7
of
the
FOIA.
The
Office
of
the
Director of National
Intelligence
(ODNI)
has
asked
that
we
protect information
pursuant
to
5
U.S.C.
552
(b)(3).
Those deletions have
been marked
with
the
code
OGA
(Other
Government
Agency).
Any
appeal
of
the
denial
of
that
agency s
information
should
be directed
to
ODNI.
Correspondence related
to
your request should
include
the
case
number
assigned
to
your
request, which is included
at
the
top
of
each
page of
this
letter.
Because this
FOIA
request
is
the subject
of
litigation,
please
direct
any
related correspondence
to
the
NSA s
litigation
counsel, Brigham
Bowen,
at
the
United
States Department
of
Justice.
Ends:
js
Sincerely,
JOHN
R
CHAPMAN Chief,
FOIA/PA
Office
