Subject: Spysat (Vortex??) mischarging suit blocked From: thomsona@netcom.com (Allen Thomson) Date: 1996/02/29 Message-Id: <thomsonaDnK5Fq.H9B@netcom.com> Newsgroups: sci.space.policy,alt.politics.org.cia,alt.politics.org.nsa You never can tell what you'll read when you open the paper in the morning... Lockheed Martin Lawsuit Delayed by Pentagon, CIA by John Mintz Washington Post, 28 February 1996 [EXCERPTS] A lawsuit alleging that Lockheed Martin Corp. overcharged the government by up to $500 million has been put on hold because the Pentagon and [CIA] assert that release in court of key documents would "cause exceptionally grave damage to the national security." The pending lawsuit, filed by two former Lockheed Martin employees in federal court in San Jose, will be delayed while the judge considers whether to grant a request by CIA Director John Deutch and Deputy Defense Secretary John White that 24 key documents be withheld from the plaintiffs... ... CIA and Pentagon officials said the declaration was their only option because the documents contain specific data on the nation's most secret spy satellite programs -- code names, budgets, technical specifications, software packages, subcontractors and vulnerabilities. "Adversaries of the U.S. having access to such information could use it to negate or degrade our systems or to build competing systems," Deutch said in a statement filed in court Friday. Release of the papers allows "correlation of previously unlinked bits of information much like a jigsaw puzzle," he wrote. The suit was filed in 1988 by two employees of Lockheed Corp.'s secret space facility in Sunnyvale, Calif., alleging that many employees routinely were "non-productive." They also contended that the firm improperly billed the government for time spent by employees who were waiting for security and who were engaged in "makework." The company denies the allegations. This story (which is the first I've heard of the suit, despite the fact it was filed eight years ago) has many fascinating aspects and implications. As Dr. Deutch says, it allows "correlation of previously unlinked bits of information much like a jigsaw puzzle," which is what makes analysis such fun. First, it looks as if there may be sufficient information available to identify which satellite program is involved. On first reading the Post article, I thought that the company (LMSC) and timing (1988) pointed to 'Improved Crystal,' but further research proved that wrong. Using Dialog's Knowledge Index (plug: a most excellent and inexpensive tool), I searched the San Jose Mercury News and LA Times full-text databases for earlier stories on the case, and was rewarded with the following information. Goofing of on Government Time? Suit Says Millions were Wasted by Idle Lockheed Workers San Jose Mercury News - Thursday, July 7, 1988, p. 1A By Pete Carey [EXCERPTS] The lawsuit is one of the first false claims suits involving a highly secret ''black'' satellite intelligence and surveillance project for the National Security Agency, a code-breaking and surveillance branch of the Defense Department. From 1981 to 1984, [the plaintiffs] worked at Lockheed on the project, identified in the lawsuit only as 'P285.' [Plantiff A] began working on the National Security Agency project in 1977, when Ford Aerospace Corp. in Palo Alto had the contract. And in a separate but related case, NSA Accused of Forbidden Phone Taps San Jose Mercury News, Saturday, July 2, 1988, p. 1A By Pete Carey [EXCERPTS] Sources familiar with the case said [plaintiff A in the Lockheed case] alleged that the [unauthorized monitoring of US citizens] involved overseas telephone calls originating in the United States and picked up at a military base in England run in cooperation with the British government. [Plaintiff A] worked at the base for several years. From 1974 to 1984, she worked on projects for the NSA, the CIA and the Air Force while employed by two major Silicon Valley defense intelligence contractors, Lockheed Missiles & Space Co. Inc. of Sunnyvale and Ford Aerospace of Palo Alto. Ford helped manage the base in England. The customer for the project (NSA), the timeline (mid-'70s to mid-'80s), the facts that a satellite is involved and that it's still considered sensitive (and therefore probably still operational) appear to fit the Chalet/Vortex geosynchronous SIGINT satellites as described in Jeffrey Richelson's "The U.S. Intelligence Community, 3rd edition" (ISBN 0-8133-2376-2). The plaintiff's work at the UK base, which I'd suppose to be Menwith Hill, shows that she had a SIGINT background with the associated clearances and would have been likely to be assigned to a SIGINT-related project at Ford Aerospace and to follow it to LMSC. It would be interesting to see whether the launch of the 'P285' payload were ever announced publicly -- if it went up on a launcher and trajectory indicating a GEO final destination, the Vortex hypothesis would be strengthened. Next, we see again the claim made by the DCI last week before the Senate intelligence committee (SSCI) that disclosure of information about spy satellites would enable enemies to take actions which would frustrate the spysats' missions -- the term "deny or deceive" (D&D) was used on the Hill, "negate or degrade" in the court filing. These are strong words and, if one takes them at face value, imply that the government really thinks that there is something about the system designs that is extraordinarily vulnerable to enemy action. Further, the enemy's ability to take such action would appear to depend on his discovery of some secret information. On one hand, it is a matter of puzzlement that such fragile systems were built in the first place. On the other, one would have thought that the Ames case and other similar embarrassments would have taught the government that relying on long-term secrecy for the success of programs isn't a particularly good idea. As for the assertion that "adversaries of the U.S. having access to such information could use it... to build competing systems," I know of no country other than the US which has been claimed to have any interest in geosynchronous SIGINT satellites (assuming that it really is Vortex that's involved). Even the USSR, AFAIK, never developed such a system, though they had (and the Russians still have) a variety of LEO SIGINT satellites. Finally, if we look at the information which the DCI says would potentiate enemy D&D if revealed, we find a peculiar mixture of the defensible and the implausible: "code names, budgets, technical specifications, software packages, subcontractors and vulnerabilities" in the court filing, the overall NRO budget in the SSCI testimony. Certain technical specifications, vulnerabilities and system-specific software are, by and large, the kind of things that it's reasonable to classify (although the above point about the unwisdom of relying on long-term secrecy applies). On the other hand, it isn't very clear at all how the opposition would use knowledge of program ("code") names, budgets and subcontractors to bring about the grave damage claimed. And the notion that gross budget figures would give substantial aid and comfort to the wicked is, to say the least of it, bizarre. Overall, it appears as if the government has not really come to grips with the real requirements for and limitations of classification, but has gone with a "classify everything and don't ask questions" approach when it comes to spysat programs. If extreme classification had no downside, this might be acceptable -- but the recent NRO scandals show that ugly things grow in the dark, not the least of which is self-deception.