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This is an in camera affidavit by Eugene F. Yeates, Chief of the National Security Agency's Office of Policy, sworn in October 1980 in the case Citizens Against Unidentified Flying Objects Secrecy v. NSA, Civil Action No. 80-1562. It says NSA located 239 documents and explains why it withheld 156 communications intelligence reports produced between 1958 and 1979. It also explains the deletions in two released staff papers. The affidavit concludes that disclosure would reveal intelligence sources and methods, so the records are exempt under FOIA.
Read from the scan by GLM-OCR; expect the odd misread word.
of Public Law 86-36 permits the Agency to refuse to release them. In this case, the COMINT reports reflecting those functions and activities must be withheld to avoid compromising the efficacy of the sources of COMINT information involved. 16. Information about the interception, processing and exploitation of the foreign communications underlying the records being withheld by NSA is classified information concerning communications intelligence activities of the United States the unauthorized disclosure of which is prohibited by 18 U.S.C. §798, paragraphs (a)(3) and (a)(4). This information because it is prohibited from disclosure by statute, is exempt from release under the FOIA pursuant to 5 U.S.C. §552(b)(3). 17. (U) As stated in my public affidavit, the information that would be disclosed by these records is information about intelligence sources and methods protected from unauthorized disclosure under 50 U.S.C. §403(d)(3). The reports are therefore exempt from release under Exemption 3 of the FOIA. 5 U.S.C. $ 552 (b) (3). 18. (U) In view of the foregoing, and in order to protect existing sensitive and important foreign intelligence sources and processing techniques vital to the national security, I certify that disclosure of past and present foreign intelligence communications activities of NSA revealed in the records the plaintiff seeks would endanger highly valuable sources of foreign intelligence. 19. (U) Finally, I respectfully request that the Court treat this affidavit in the same secure manner as it has been handled in submission to the Court, and to return it to appropriate personnel of the Department of Justice as soon as possible after review by the Court. The Department
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Document, from the nsa collection. The PDF is mirrored here; the original link is above. The text was read from the page images by GLM-OCR; expect the odd misread word. 21 pages are in the text index: search them above, or from the library's search.