Dear Colleagues,The Roark v NSA case is a landmark one, the judgement will have a bearing on how the affairs of the NSA will be conducted in the future, and whether any curb will be placed on the extensive surveillance powers which it has adopted over the last few years, and how civil liberties, in particular the privacy and security of American citizens and human rights of the rest of the world will be protected...if at all... :-).
Cross Motion for Partial Summary Judgement... see url: http://cryptome.org/2014/11/roark-087.pdfThe above document makes a lot more sense...still over 100 pages long though...luverly... :-).
The NSA has been using the "Savings Clause" to extend its powers including to classify everything it does...to the point that even sending a Christmas card to the Director was classified as "Top Secret". Now, this was, in most likelyhood, an "in" joke, LOL...ha ha ha...verree funnee...etc. which just goes to show that the executives and staff at NSA are well aware of the problem regarding classification of information. Savings clauses are exceptions to the rule, loopholes put in to legislation to protect the spirit and actions of the law, to help avoid the problem of the law of unintended consequences. If the NSA were to be closed down by Congress for instance (have you ever heard of such a thing...perish the thought). The Savings Clause would protect the identity of the staff and other straightforward confidential matters. However, the NSA is using the word "activities" in the Savings Clause of the NSA Act to drive a bulldozer through the constitutional protections contained in the Act, and to try and hide all the activities of the organisation.
As Snowden may or may not have revealed... :-), there are millions of documents belonging to the NSA, as well as other government departments; which are classified in various ways. I won't go into details of the different classifications as the most important in this case are the FOUO. (For Office Use Only). and TS. (Top Secret). One of the problems is working out what all the various acronyms mean, but you can find the NSA definition at url:
This document is called NSA Security Guidelines and was obviously filched from somewhere, and there is no guarantee that it is either up to date or accurate. Apparently it is given to all new NSA employees and of course it is a document which will be updated many times over the years.
For those who are interested in going deeper into the subject of the NSA classification system, see url:
If you have got this far, I hope you have enjoyed this little discourse...as much as the pleasure I have had in writing it... :-). Next time...if I can be bothered writing it and you can be bothered reading it. I will go into Savings Clauses and software which could help the NSA fulfil its responsibilities to itself, the government, the citizens of America and the peoples of the world, without all the pain and suffering which this case is bringing up for the participants...