<nettime> cryptogate

[bill payne <billp@nmol.com> (by way of feedback@MediaFilter.org (MediaFilter))]

[minor formatting fixes and mailer-agent cruft deleted for nettime. -T]


FILED
    UNITED STATE DISTRICT COURT
        DISTRICT OF NEW MEXICO

        98 MAY 28 AM 9:32

          Robert March
        CLERK-ALBUQUERQUE

 <MIME conversion info deleted>

                    UNITED STATES DISTRICT COURT
                 FOR THE DISTRICT OF NEW MEXICO


William H. Payne                 )
                                 )
          Plaintiff,             )
                                 )
             v                   )      CIV NO 97 0266
                                 )      SC/DJS
                                 )
National Security Agency         )
                                 )
                Defendant        )


PLAINTIFF'S MOTION TO AMEND Santiago E. Campos MEMORANDUM OPINION AND
ORDER FILED May 21 1998 11:35 AND OBJECTION TO IN CAMERA EX PARTE
MEETING

1  COMES NOW plaintiff Payne [Payne] to exercise his rights under the
Federal Rules of Civil Procedure, Rule 52. Findings by the Court;
Judgment on Partial Findings

  (b) Amendment. On a party's motion filed no later than 10 days after
  entry of judgment, the court may amend its findings -- or make
  additional findings -- and may amend the judgment accordingly. ...

2  Plaintiff will show that the Court's [Campos] violates Plaintiff's
right guaranteed under the 7th Amendment Constitution .

http://www.jya.com/whp052198.htm

The associated letter to Campos from JOHN J. KELLY, United States
Attorney and JAN ELIZABETH MITCHELL  Assistant U.S. Attorney
http://www.jya.com/usa052098.htm violates Executive Order 12958,
Sec. 1.8. Classification Prohibitions and  Limitations
http://www.hdsi.com/SP/eo12958.htm.

Plaintiff moves to permit Campos to amend ORDER to reflect proper
remedy for attempted classification  abuse and failure to allow Plaintiff's
right under the Constitution.

3  Plaintiff filed DEMAND for jury trial seen on the docket at
http://jya.com/whp052298.htm

3/17/97  2       DEMAND for jury trial by plaintiffs (dmw) [Entry date
03/18/97]

4  Plaintiffs [Payne and Morales] have invested hundreds of hours at
over $100 per hour in pro se legal fee time in this lawsuit.

5  The 7th Amendment to the Constitution reads

    Amendment VII

In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no
fact tried by a jury, shall be otherwise reexamined in any Court of
the United  States, than according to the rules of the common law.

http://pacific.discover.net/~dansyr/billrigh.html.

This controversy exceeds twenty dollars.

And

  Rule 38. Jury Trial of Right

  (a) Right Preserved.

The right of trial by jury as declared by the Seventh Amendment to the
Constitution or as given by a statute of the United States shall be
preserved to the parties inviolate.

seen at

http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/frcp/   
query=3D[jump!3A!27rul= e38!27]/doc/{@438}?             

Plaintiff has not yet had jury trial Plaintiff paid for in lawsuit
filing fee.

6 Executive Order 12958 - Classified National Security Information is
seen at

http://www.hdsi.com/SP/eo12958.htm

There are limitations in 12958 on classification abuse.

  Sec. 1.8. Classification Prohibitions and Limitations.

  (a) In no case shall information be classified in order to:

     (1) conceal violations of law, inefficiency, or administrative
         error;
     (2) prevent embarrassment to a person, organization, or agency;
     (3) restrain competition; or
(4) prevent or delay the release of information that does not require
    protection in the interest of national security.

Review of the facts surrounding request of Iran/Iraq war messages
reveals

A  "First, U.S. President Ronald Reagan informed the world on national
television that the United States was reading Libyan communications.
This admission was part of a speech justifying the retaliatory bombing
of Libya for its alleged involvement in the La Belle discotheque
bombing in Berlin's Schoeneberg district, where two U.S. soldiers and
a Turkish woman were killed, and 200 others injured. Reagan wasn't
talking about American monitoring of Libyan news broadcasts. Rather,
his "direct, precise, and undeniable proof" referred to secret
(encrypted) diplomatic communication between Tripoli and the Libyan
embassy in East Berlin." ...

"Knowledgeable sources indicate that the Crypto AG enciphering
process, developed in cooperation with the NSA and the German company
Siemans, involved secretly embedding the decryption key in the cipher
text. Those who knew where to look could monitor the encrypted
communication, then extract the decryption key that was also part of
the transmission, and recover the plain text message."

     http://www.aci.net/kalliste/speccoll.htm

B  FOR AT LEAST HALF A CENTURY, THE US HAS BEEN INTERCEPTING AND
DECRYPTING THE TOP SECRET DOCUMENTS OF MOST OF THE WORLD'S GOVERNMENTS

It may be the greatest intelligence scam of the century: For decades,
the US has routinely intercepted and deciphered top secret encrypted
messages of 120 countries. These nations had bought the world's most
sophisticated and supposedly secure commercial  encryption technology
from Crypto AG, a Swiss company that staked its reputation and the
security concerns of its clients on its neutrality. The purchasing
nations, confident that their communications were protected, sent
messages from their capitals to embassies, military missions, trade
offices, and  espionage dens around the world, via telex, radio,
teletype, and facsimile. They not only conducted sensitive albeit
legal business and diplomacy, but sometimes strayed into criminal
matters, issuing orders to assassinate political leaders, bomb
commercial buildings, and engage in drug and arms smuggling. All the
while, because of a secret agreement between the  National Security
Agency (NSA) and Crypto AG, they might as well have been hand
delivering the message to Washington. Their Crypto AG machines had
been rigged so that when  customers used them, the random encryption
key could be automatically and clandestinely transmitted with the
enciphered message. NSA analysts could read the message traffic as
easily as they could the morning  newspaper. The cover shielding the
NSA-Crypto AG relationship was torn in March 1992, when the Iranian
military counterintelligence service arrested Hans Buehler, Crypto
AG's marketing representative in Teheran.

     http://caq.com/cryptogate

C The documents in this lawsuit collect open literature on the effects
of US spy sting on Iran. The documents

are read at http://jya.com/whpfiles.htm.

D  Los Angeles Times syndicated columnist writes editorial reprinted
in the Albuquerque Journal 4/21/98

page A6

    U.S. Aided Communist Foe Pol Pot
    Richard Reeves

E Even after he fell from national power, we helped supply and protect
  Pol Pot because the Khmer Rouge was tying down large number of
  occupying North Vietnamese troops.
    These are some of the names of the evil who were or still are paid
friends:
  o  Saddam Hussein, paid for making war on Iran.
  o  Gulbuddin Hekmatry, who made his name throwing acid in the faces
     of female students in Kabul who dared to wear western dress, paid
     for making was against communists in Afghanistan.
  o  The Taliban, the religious warriors we helped train to fight
     communists who are beating or killing those same women right now
     in Afghanistan.
  o  Manuel Noriega, the soldier-thug we encouraged to overthrow
     elections in Panama because we did not like the results.
  o  Mobuto Sese Seko, one Joseph Mobutu, our man in Zaire.
  o  Jonas Savimbi, in constant war in Angola

The list goes on.  It has for a long time and will, even if communism
is dead as a national security threat of the United States.  In may of
these cases our interest involved resources - oil, usually, ...

Conclusion:

Z  Apparent hiring of Saddam Hussein to make war on Iran may (1)
conceal violations of law, inefficiency, or administrative error;

Law that may have been broken is

  =A7 2381. Treason

Whoever, owing allegiance to the United States, levies war against
them or adheres to their enemies, giving them aid and comfort within
the United States or elsewhere, is guilty of treason and shall suffer
death, or shall be imprisoned not less than five years and fined under
this title but not less than $10,000; and shall be incapable of
holding any office under the United States.

http://www.law.cornell.edu:80/uscode/18/2381.shtml

for possibly not obtaining congressional approval.

Y  NSA getting caught in it most "audacious" [Baltimore Sun word] spy
sting, partially as a result of former President Ronald Reagan blowing
the whistle on NSA on TV, is clearly embarrassing.  Documents cannot be
classified to (2) prevent embarrassment to a person, organization, or
agency;

X  Information about what the US government did to Iran in has been
broadcast around the world on Internet.  Therefore, the requested
documents cannot be classified because (4) prevent or delay the
release of information that does not require protection in the
interest of national  security.  Everyone in the world, with the
possible exception of many US citizens,  know that the US did to Iran.

7  NSA gave Sandia National Laboratories "deficient" crypto-type
algorithms and bad implementation advice.

This is documented in the whistleblowing SAND report seen at
http://jya.com/whpfiles.htm.

Also revealed is the  feedback functions of nonlinear feedback shift
registers and the stepping value is

classified SECRET in the UNCLASSIFIED SAND report.  Attempting to
classify mathematical functions violates articles 2 and 4 in section
1.8 of EO 12958.

8  Mitchell writes in http://www.jya.com/usa052098.htm

  Because of the nature of the classified material, the in camera
review may be different from prior reviews of classified documents made
by this Court.

There, by 7, are no properly classified documents in this case.  Only
an attempt by government to cover up embarrassing, if not illegal, activitie=
s.

9  Mitchell writes

  I reference your Memorandum Opinion and Order dated April
  30, 1998, in which you requested that the Defendant provide an in
  camera ex parte declaration or detailed affidavit concerning its
  "Glomar response" to Mr. Payne's FOIA request

>From http://www.jya.com/glomar-foia.htm

"Glomar" response -- that is, when an agency refuses to even confirm
or deny the existence or nonexistence of records. The courts have
allowed agencies to provide a Glomar response when the agency
demonstrates that disclosing the fact of a record's existence or
nonexistence itself reveals information that a FOIA exemption seeks to
protect. . . .

Anyone IN THE WORLD who cares to know what happened to Iran can read
about it on Internet..

What information was provided to Saddam Hussein exactly? Answers to
this question are currently being sought in a lawsuit against NSA in
New Mexico, which has asked to see "all Iranian messages and
translations between January 1, 1980 and June 10, 1996. [7]"
http://www.aci.net/kalliste/speccoll.htm

Or that NSA uses feedback shift registers for its crypto algorithms.
http://www.jya.com/crack-a5.htm

Glomar is not applicable in this lawsuit because EXISTENCE of the
documents ARE KNOWN.

10  Mitchell writes

Because the declaration will be classified, counsel for the National
Security Agency, who holds a security clearance for this information,
will travel to Santa Fe to present the declaration to the Court, in
camera  and ex parte.

Plaintiff objects that any in camera ex parte violates the principle
of open courts in the US and is not required because the general
existence of the documents are publicly known and not classifiable
under EO 12958.

11  Mitchell writes

It is my understanding from my discussions with Susan A. Arnold,
Assistant General Counsel from the Office  of General  Counsel,
National Security Agency (NSA), Fort Meade, Maryland, that because of
the classified  nature of the document, you will be the only person
authorized access to the declaration unless another individual on your
staff possesses a security clearance commensurate with the highest
level of classification  of the material of the declaration.

Judge Campos currently has a yet-unanswered criminal complaint
affidavit lodged against him.

http://www.jya.com/whpscalia.htm

Therefore, it is doubtful that Campos qualifies for any proper US
security clearance.

12  Mitchell writes

NSA anticipates that the classification level will be TOP SECRET (TS),
Sensitive Compartmented Information (SCI), CODEWORD.  This necessarily
means, as the Court pointed out at footnote 20 of the memorandum, that
Plaintiff in this case may not be present and may not have access to
the declaration.

Plaintiff had Q clearance, SCI access, and cryptographic access while
he was employed at Sandia and, therefore, should be able to view any
declaration.

Plaintiff objects to not being able to very any documents and
challenges under EO 12958

  Sec. 1.9. Classification Challenges.

(a) Authorized holders of information who, in good faith, believe that
its classification status is improper are encouraged and expected to
challenge the classification status of the information in accordance
with agency procedures established under paragraph (b), below.

(b) In accordance with implementing directives issued pursuant to this
order, an agency head or senior agency official shall establish
procedures under which authorized holders of information are
encouraged and expected to challenge the classification of information
that they believe is improperly classified or unclassified. These
procedures shall assure that:

     (1) individuals are not subject to retribution for bringing such
         actions;
     (2) an opportunity is provided for review by an impartial
         official or panel; and
     (3) individuals are advised of their right to appeal agency
         decisions to the Interagency Security
         Classification Appeals Panel established by section 5.4 of
         this order.

Copy of this MOTION sent to DIR NSA Minihan is the request for
classification review of any documents

or statement which may be given to Campos.

13  Campos writes

The Court reminds Plaintiff of his obligations under Federal Rule of
Civil  Procedure 11 and applicable case law. Motions, pleadings, or
other papers are not be presented to the Court to harass, to cause
unnecessary  delay, or for any other improper purpose. Under rule 11,
by presenting a motion, pleading, or other paper to  the Court,
Plaintiff is also certifying that his claim or other legal contentions
made therein are warranted by  existing law, have evidentiary support,
or are otherwise nonfrivolous. Violation of Rule 11 can result in
sanctions.

Campos paragraph is a clear attempt to threaten Plaintiff for
Plaintiff's exercise of his Constitutional rights.

14 An issue in this lawsuit is whether US government and federal court
system is to be operated as a

  DEMOCRACY - government by the people

or

FASCISM -   a political and economic movement, strongly nationalistic,
magnifying the rights of the state as opposed to those of the
individual, in which industry, though  remaining largely under private
ownership, and all administrative political units, are controlled by a
strong central government.

where abuse of classification of is used to promote cryptographic
business interests of  NSA, NIST and the FBI.

And whether classification abuse can be used to attempt  hide
likely-unlawful military attacks on foreign countries initiated by
bureaucrats without congressional approval.

Therefore, Plaintiff demands his right guaranteed by the Constitution
and Federal Rules of Civil Procedure in this democratic country to
present arguments to an impartial jury and judge for release of the
lawfully requested documents under the FOIA in preparation for
settlement of this American tragedy.


WHEREFORE  Plaintiff moves for Campos to amend MEMORANDUM OPINION AND
ORDER

which currently reads

  NOW, THEREFORE, IT IS ORDERED that Plaintiff's Motion to Amend
  should be, and is hereby, DENIED.

     [Signature: Santiago E. Campos]

     SENIOR UNITED STATES DISTRICT JUDGE

to read

14 Santiago Campos disqualifies himself  under

 28 USC =A7 455. Disqualification of justice, judge, or magistrate

    (a) Any justice, judge, or magistrate of the United States shall
    disqualify himself  in any proceeding in which his impartiality
    might reasonably be questioned. ...

from further participation in  case CIV NO 97 0266, UNITED STATES
DISTRICT COURT  FOR

THE DISTRICT OF NEW MEXICO for denying Plaintiff's Constitutional
right to Trial by Jury and attempting to threaten Plaintiff with
sanctions for Plaintiff's exercising civil right guaranteed under the
Constitution.

                    Respectfully submitted,



                    William H. Payne
                    13015 Calle de Sandias NE
                    Albuquerque, NM 87111

                    Pro se litigant


               CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing memorandum
was mailed to Lieutenant General Kenneth A. Minihan, USAF,
Director,  National Security Agency, National Security Agency,
9800 Savage Road, Fort George G. Meade, MD 20755-6000
and hand delivered to Jan E Mitchell, Assistant US Attorney,
9 Floor, US Bank Building, 4th and Tijeras, ABQ, NM 87102
this Thursday May 28, 1998.
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