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GOODWIN PROCTER Christopher D.

Moore Goodwin Procter LLP


617.570.1319 Counsellors at Law
cmoore@goodwinprocter.com Exchange Place
Boston, MA 02109
T: 617.570.1000
F: 617.523.1231

February 10, 2004

By Federal Express

Mr. John Raidt


National Commission on Terrorist Attacks
upon the United States
301 Seventh Street, SW
Room 5125
Washington, DC 20407

Re: Massachusetts Port Authority

Dear John:

As you know, this firm, along with O'Melveny & Myers LLP, represents the Massachusetts Port
Authority ("Massport") in connection with certain matters arising out of the terrorist hijackings
and attacks of September 11, 2001. On behalf of Massport, we submit the enclosed documents
as the next installment in our "rolling" production to the National Commission on Terrorist
Attacks upon the United States (the "Commission").

Pursuant to our prior discussions with counsel to the Commission AND Daniel Marcus' letter of
November 4, 2003, we understand that, during the pendency of its inquiry, the Commission will
maintain all documents produced by Massport (the "Subject Documents")—whether or not they
contain or constitute Sensitive Security Information, as defined by 49 C.F.R. § 1520 ("SSI")—in
nonpublic files and will not publicly disclose the Subject Documents. We further understand
that, upon the conclusion of its work, the Commission will cause the Subject Documents to be
deposited with the National Archives, where they will be subject to appropriate restrictions as to
their availability to the public. In the event that the Commission intends to cite or refer to the
Subject Documents in its final public report or in a public hearing conducted by the Commission,
we understand that the Commission will give us prior notice of its intention to do so. Should the
Commission be served or otherwise presented with any third party subpoena or other request for
the Subject Documents, we also understand that the Commission will provide us timely notice of
such subpoena or request. Finally, we understand that the Commission, with the assistance of
the Department of Justice, intends to resist, through all appropriate means, any effort to seek the
public disclosure of the Subject Documents, whether by means of a subpoena or otherwise.
GOODWIN;PROCTER

Mr. John Raidt


February 10,2004
Page 2

With this understanding, we are producing under cover of this letter the documents identified on
the index attached as Exhibit A. This production consists of electronic mail retrieved from
Massport's Outlook servers that is responsive to Document Request No. 1 issued to Massport by
the Commission dated August 29, 2003 ("Request"). Please note that, as additional responsive,
non-privileged documents are located, we will promptly produce them.

Massport has received authorization from the U.S. Transportation Security Administration
("TSA") to release the Subject Documents to the Commission subject to the restrictions on
disclosure contained in the Non-Disclosure Agreements signed by those members of the
Commission's staff that will have access to the Subject Documents. For your information, we
have affixed a legend to each document that the TSA has indicated may contain or constitute
SSI.

Please call me at the number listed above should you have any question or wish to discuss any
aspect of this matter.

Sincerely,

Christopher D. Moore

Enclosures

cc: David Mackey, Esq.


Chief Counsel, Massachusetts Port Authority
John L. Altieri, Jr., Esq.
O'Melveny & Myers LLP
Screened

By: David Paynter Date:


36-01-2006

INDEX OF E-MAIL CORRESPONDENCE OBTAINED FROM MASSACHUSETTS


PORT AUTHORITY ("MASSPORT") EMPLOYEES IN RESPONSE TO DOCUMENT
REQUEST SUBMITTED TO MASSPORT BY THE NATIONAL COMMISSION ON
TERRORIST ATTACKS UPON THE UNITED STATES (THE "KEAN COMMISSION")

REQUEST NO. 1

Documents, tapes, and transcripts relating to Colgan Air Flight 5930, AAL Flight 11, UAL
Flight 175, and/or any hijackers or hijacked flights on September 11, 2001.

RESPONSIVE E-MAILS

None.

REQUEST NO. 2

Documents regarding terrorist threats to Logan International Airport and the Port of Boston from
1998 through September 11, 2001, including communications from the Federal Aviation
Administration ("FAA") and federal, state, and local law enforcement agencies.

RESPONSIVE E-MAILS

E-mail Description Date Preliminary SSI Bates Range


Designation
E-mail to Joseph Lawless 7/28/00 Not SSI MP200000
transmitting an article
concerning the sentencing of a
man in connection with threats
made upon an airline.
E-mail correspondence between 7/29/01 - SSI MP200001-
the Massport 7/30/01 MP200006
OPS/Communications Center,
Thomas Kinton.| |
Virginia Buckingham, and
1 m | attaching a
Massport Morning Report
containing entries concerning a
bomb threat and a suspicious
item found aboard an aircraft at
Logan and Massport' s responses
thereto.
E-mail submitted through 5/3/00 - SSI MP200007-
Massport' s website regarding 5/4/00 MP200008
possible hijackings in 2002 and
related correspondence.

9/11
Working-level
Employee
REQUEST NO. 3

Documents, including internal memoranda, relating to aviation security evaluations at Logan


International Airport from 1998 through September 11, 2001.

RESPONSIVE E-MAILS

E-mail Description Date Preliminary SSI Bates Range


Designation
E-mail correspondence 9/18/99- SSI MP200009-
attaching Massport Airport 8/4/00 MP200414
Supervisor Daily Logs, which
contain information concerning
inspections of portal access and
other security measures
employed by Massport under
FAR Part 107.
E-mail correspondence 9/25/99 - SSI MP200415-
attaching Massport Airport 8/3/00 MP200474
Supervisor Terminal E Daily
Logs, which contain
information concerning
inspections of portal access and
other security measures
employed in Terminal E by
Massport under FAR Part 107.
E-mail correspondence between 8/22/01- SSI MP200475
' I 8/24/01
; andl (repardinp
selection of a new badging
product for use by Massport.
E-mail from/ jto 9/26/01 SSI MP200476-
MP200490
1 land Tnsp.ph
/Lawless attaching an FAA
Security Violation Matrix.
E-mail from a CTI employee to 5/21/01 SSI MP200491
1 1 and Joseph
Lawless regarding the upcoming
assessment of safety and
security at Logan Airport
E-mail froml J tn 10/18/99 SSI MP200492-
Joseph Lawless and Stephen MP200493
Luongo (FAA) attaching a
.Massport badging report.

9/11
Working-level
Employee
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail correspondence between 8/2/99 - SSI MP200494
L | Joseph 8/10/99
(Lawless, and| |
1 regarding security access at
Logan Airport.
E-mail from Joseph Lawless to 10/1/99 SSI MP200495
Thomas KintonJ" L

| ana
frepardinp
/baggage carousal security.
; E-mail froml Ito 9/21/99 SSI MP200496-
Joseph Lawless transmitting a MP200497
memorandum regarding
perimeter security at Logan
Airport.
E-mail froml |of 8/17/99 SSI MP200498
the FA A to /various FA A
employees/and Joseph Lawless
regarding/field trial
assessments.
E-mail from| |to 8/5/99 SSI MP200499
various Massport employees
regarding findings of an FAA
exji briefing.
iifmail tfom 1 lot 8/19/99 SSI MP200500
the .FAA to various FAA
employees; Joseph Lawless and
/various personnel from other
airports/regarding field trial
.assessments.
E-mail from Joseph Lawless to 9/30/99 SSI MP200501
yaribus Massport employees
.regarding an upcoming access
control audit.
/E-mail fromj jto 10/4/99 SSI MP200502
various Massport employees
regarding an upcoming access
control audit.
E-inail from|_ Jto 8/15/99 SSI MP200503-
Joseph. Law less attaching a MP200510
memorandum regarding the
results of a recent FAA security
inspection.

9/11
Working-level
Employee
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail correspondence between 3/23/00 - SSI MP200511
various Masspprt and 3/24/00
Fire/Rescue employees
regarding an inspection of
construction site security gates.
E-mail correspondence between 3/22/00 SSI MP200512
L \Joseph Lawless
1 andi Regarding
badging procedures.
E-mail from Joseph Lawless to 3/20/00 SSI MP200513

land! /
iyqarHinp hoping
procedures.
I E-mail correspondence between 3/20/00- SSI MP200514
i Joseph Lawless, 3/21/00
and! 1
I regarding badging
procedures.
E-mail from! , Jto 3/21/00 SSI MP200515

Lawless regarding security


badging.
E-mail correspondence between 3/20/00 - SSI MP200516
1 Joseph 3/24/00
^awless.l 1

| t-egardins badging
1
procedures.
E-mail correspondence between 3/20/00 - SSI MP200517-
\h Lawlessv 3/24/00 MP200518

|_ _J-egarding security
badging.
E-mail froml 1 to 3/7/00 SSI MP200519
various Massport employees
regarding an inspection of
construction gate security.

9/11
Working-level
Employee
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail correspondence between 2/24/00 SSI MP200520-
MP200546
land a CTI employee attaching a
I draft CTI report regarding an
i assessment of security portal
access at Logan Airport.
E-mail correspondence between 1/18/00 - SSI MP200547-
I 7/3/00 MP200580
/Joseph Lawless,

yCTSI
^/regarding
I Massport's inspection of the
employment history
verifications conducted by
various businesses doing
business at Logan Airport.
E-mail correspondence between 3/27/00 - SSI MP200581-
h Lawless and] 3/31/00 MP200582
S regarding inclusion of
/certain security statistics in the
/monthly Public Safety
; Department Status Reports.
E-mail correspondence between 5/24/00 - SSI MP200583-
Joseph Lawless/ } 6/1/00 MP200584
\ '
\\_^ Regarding inclusion or
certain security statistics and
occurrences in the monthly
Public Safety Department Status
Reports.
E-mail fromf I 6/29/00 SSI MP200585
\_^ _£nd Joseph
Lawless regarding inclusion of
certain security statistics,
occurrences and training
sessions in the monthly Public
Safety Department Status
Reports.

9/11
Working-level
Employee
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail correspondence between 6/29/00 SSI MP200586-
MP200587
'
'Joseph Lawless, andl '_ 1
'• | 1 attaching a
:[ memorandum regarding security
iaccess at Logan Airport.
;;E-mail from Joseph Lawless to 7/26/00 SSI MP200588
i various Massport employees
regarding security access at
Logan Airport. /
E-mail froml Ito 6/30/00 SSI MP200589
Joseph Lawless regarding a
perimeter security fence at
Logan Airport.
E-mail from a CTI employee to 7/17/00 SSI MP200590
Joseph Lawless regarding a
recent security assessment
proposal. /

REQUEST NO. 4

Docuniehts describing or summarizing actions taken by Massport and Logan International


Airport/officials on September 11, 2001 in response to the terrorist hijackings.

RESPONSIVE E-MAILS

E-mail Description Date Preliminary SSI Bates Range


Designation
E-mail from Virginia 9/12/01 Not SSI MP200591
Buckingham to all Massport Staff
.fegarding immediate responses to
the 9/1 1 terrorist attacks.
E-mail from Virginia 9/11/01 Not SSI MP200592
Buckingham to all Massport Staff
regarding inquiries concerning
the 9/1 1 terrorist attacks.
E-mail from) | 9/11/01 Not SSI MP200593
to all Massport Staff regarding
the need for volunteer on call
relief personnel to work in
. Massport 's Emergency
Operations Center at Fire Rescue.

9/11
Working-level
Employee
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail from Virginia 9/12/01 Not SSI MP200591
Buckingham to all Massport Staff
regarding immediate responses to
the 9/1 1 terrorist attacks.
E-mail froml Itn all 9/11/01 Not SSI MP200596
Massport erhployees regarding
actions taken at Logan Airport on
9/11. /
E-mail correspondence between 9/11/01 Not SSI MP200594-
|of Massport MP200595
/ /

^ Irp.garriing ar.tinns
taken at Logan Airport on 9/1 1.

REQUEST NO. 5

Docufnents, tapes, and transcripts relating to possible surveillance of airport and air carrier
operations at Logan International Airport for terrorist purposes, including any surveillance or
visit)* conducted by the 9/11/01 hijackers, from 1998 through September 11,2001.

RESPONSIVE E-MAILS

N0ne.

REQUEST NO. 6

/Documents, including internal memoranda, regarding proposals by Massport and/or Logan


/International Airport personnel to assess and evaluate vulnerabilities in the security system
and/or to improve security at Logan International Airport from 1998 through September 11,
2001.

RESPONSIVE E-MAILS

E-mail Description Date Preliminary SSI Bates Range


Designation
4/5/00 SSI MP200636-
MP200638

anc
attaching a list of
attendees at a Massport
Security Consortium Meeting.

9/11
Working-level
Employee
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail correspondence 9/7/01 SSI MP200597
between] 1
yand
Regarding
CCTV cameras.
E-mail correspondence 7/25/01 - SSI MP200598
hetweenl 1 8/21/01
and Joseph Lawless of
Massprirt and) |of
Alphatech Inc. regarding
CCTV cameras.
E-mail correspondence 6/20/01 - SSI MP200599
between^. I 6/21/01
Joseph Lawless! f
and! /of us
Airways/regarding security
checkpoint testing.
Eimail /frotnl I of 4/17/01 SSI MP200600-
Raytheon Go. to various MP200601
NIassport employees, various
IJnited Airlines employees,
^Various FAA employees,
| various Raytheon employees
and others regarding
installation of new screening
equipment at Logan Airport.
E-mail correspondence 4/25/01 - SSI MP200602
I i between Joseph Lawless, 4/26/01
: : 1 land! 1
| /regarding security
I "• I Checkpoint procedures.
E-mail fromp 1 5/1/01 SSI MP200603-
toT /and Joseph MP200604
Jjawless attaching a project
.plan for security measures at
: : I:: Logan Airport.
E-mail correspondence 5/7/01 SSI MP200605
hfitwftpnl |

1 lof US Airwavs

US Airways' new occupancy


llj/ ///' of the south wing expansion at
,.m. . . , .'
T .noun Airnnrt

9/11
Working-level
Employee
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail from Joseph Lawless to 4/5/01 SSI MP200606
|of the Port
Authority of New York &
New Jersey regarding CCTV
design.
E-mail fromL / 5/14/01 SSI MP200607
Thomas Kin ton 7 ^J

I Iregarding the
establishment of a new
land

technology working group at


Logan.
E-mail froml |to 5/30/01 SSI MP200608
various Turner Construction
Company employees and
various Massport employees
regarding perimeter security at
Logan Airport.
E-mail correspondence 5/11/01 SSI MP200609-
between various Massport MP200610
employees and various US
Airways employees regarding
the Terminal B Security Plan.
E-niail fromj I 9/24/01 SSI MP200611-
MP200612
O yattachingLAMCO
nieeting minutes which
discuss, among other things,
.the checkpoint testing program
and FAA testing of access
points and checkpoints.
E-mail fromL^^ I to 7/13/01 SSI MP200613
Joseph Lawless] J
Sand
/ ^regarding an
upcoming meeting on the
checkpoint testine initiative.
E-mail froml Ito 8/2/99 SSI MP200614
Joseph Lawless regarding
security at Logan Airport.
E-mail from[ |to 9/24/99 SSI MP200615-
Joseph-Lawless attaching a MP200618
.memorandum regarding
security at Logan Airport.

9/11
Working-level
Employee
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail correspondence 8/2/99 - SSI MP200619
between ) Jnd 10/21/99
Joseph Lawless regarding
securityiat Logan Airport.
E-mail from Joseph Lawless to 8/6/99 SSI MP200620
Thomas Kinton regarding
perimeter security at Logan
Airporj.
E-mail correspondence 10/25/99 SSI MP200621-
betwe;en| Jand MP200622
Joseph Lawless of Massport
andf |of UPS
Logan Division attaching a
UPS Gateway security
proposal.
E-rhail correspondence 4/9/99 - SSI MP200623
between Joseph Lawless, 8/30/99
1 1
'!_,:; / ^regarding procedures
fp:r handling bomb threats that
cbrrte in through switchboard.
E-ihail from Joseph Lawless to 7/15/99 SSI MP200624
| |reeardins
?; anti-terrorism training.
/E-mail correspondence 2/2/01 - SSI MP200625
/between Virginia 2/5/01
Buckingham, Joseph Lawless
andj [regarding
/Massport' s various security-
related programs and
acquisition of various security-
related equipment.
E-mail correspondence 9/30/99 - SSI MP200626
/between Joseph Lawless and 10/1/99
1 J regarding
badging violations and
Massport' s responses thereto.

r
E-mail correspondence 1/13/00- SSI MP200627
j 1/14/00
Joseph Lawles^ 1
1 regarding
access control procedures at
Logan Airport.

9/11
Working-level
Employee
10
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail correspondence 6/16/00 SSI MP200628
between! \Joseph
; Lawless,\^
I /andl j
regarding perimeter security at
Logan Airport.
E-mail from the Massport 6/16/00 SSI MP200629-
Communications Center to MP200631
various Massport employees
attaching a Massport Morning
Report containing an entry
regarding perimeter security at
Logan Airport.
E-mail correspondence 4/5/00 - SSI MP200632
between Joseph Lawless and 4/6/00
f 1 regarding a
/change in the access control
system at Logan Airport.
E-mail fron/ \! \
4/6/00 fattaching
SSI draft minutes MP200633-
MP200635

of a Massport Security
Consortium Meeting at which
access control and an FAA
security assessment were
discussed.
E-mail correspondence 4/6/00 - SSI MP200639
between Virginia 4/7/00
Buckingham.!" J
anfl1 frpOQrrJintr
acpess control and security
doors at Logan Airport.
E-mail from 1 Ito 4/9/00 SSI MP200640
Joseph Lawless regarding an
inspection of security doors at
Logafi Airport.
ETmail fromL Ito 3/28/00 SSI MP200641
Joseph, Lawless regarding a
change involving security
doors at Logan Airport.

9/11
Working-level
11
Employee
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail correspondence 3/28/00 - SSI MP200642
3/29/00
Joseph Lawless! \_ J regarding a change

1 involving security doors at


Logan Airport.
E-mail correspondence 3/29/00 SSI MP200643
oeiweenl

land Joseph Lawless regarding


1 access control at Logan
Airport.
t-man iroml \to 2/9/00 SSI MP200644-
S'i Lawless andL J MP200645
attaching a proposed
Iplan of action with respect to
; access coritrol at Logan
Airport. /
E-mail ffoml \to 2/11/00 SSI MP200646-
MP200647
•| Jand Joseph Lawless
1 attaching a finalized plan of
action with respect to access
control at Logan Airport.
E-mail from| | to 6/7/00 SSI MP200648
Joseph Lawless regarding
perimeter security at the
Northwest Hanger at Logan
Airport./
E-mail/From Joseph Lawless to 5/20/00 - SSI MP200649-
Iregarding a 5/22/00 MP200650
/.proposal for a new
contingency plan in the event
of .a security breach.
iii a E-mail correspondence 2/11/00 SSI MP200651
between Joseph Lawless,
\g to security

1 1 / / badging
Airport.
procedures at Logan

9/11
Working-level
Employee 12
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail correspondence 4/21/00 - SSI MP200652
between Joseph Lawless, 4/22/00

regarding the access control


system at Logan Airport.
E-mail from a CTI employee 2/29/00 SSI MP200653-
to Joseph Lawless attaching a MP200655
proposed letter of intent
between Massport and the
FAA regarding funding of
specific security projects at
Logan Airport.
E-mail correspondence 7/25/00 SSI MP200656-
bet ween C J Joseph 7/27/00 MP200661
Lawless, Virginia
Buckingham andf
I lof Massport regarding
a proposal for Mr. Lawless to
participate in a security
com/nittee arid referencing
specific security initiatives and
equipment/that had recently
been deployed at Logan.

REQUEST NO. 7

pocurflents sufficient to describe the "Guaranteed Passenger Standards" program announced by


Massport in February 2001, including any assessments of the program's impact on security
./operations.

RESPONSIVE E-MAILS

/E-mail Description Date Preliminary SSI Bates Range


Designation
E-mail froml I 4/19/01 Not SSI MP200662-
MP200664
I Attaching a draft
Massport press release
regarding the Guaranteed
Passenger Standards Program.

9/11
Working-level
Employee
13
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail froml 5/9/01
\g a briefing SSI MP200665-
MP200667

memorandum to Virginia
Buckingham froml 1
| Ion the Guaranteed
Passenger Standards Program.
'E-mail from) 1 to 6/20/01 SSI MP200668-
! Virginia Buckingham MP200669
; attaching a description of the
immediate/ impacts of the
Guaranteed Passenger
Standards Program

REQUEST NO. 8

Documents discussing "lessons learned" and/or other evaluations of aviation security operations
at Logan International Airport resulting from the events of September 11, 2001.

RESPONSIVE E-MAILS

E-mail Description Date Preliminary SSI Bates Range


Designation
E-mail from/ I 9/30/01 Not SSI MP200677-
MP200681
Virginia Buckingham/ |
\ 1 />T
Massport and another attaching
/draft talking points for
Massport' s interactions with
.the media and the Task Force.
E-mail from Virginia 9/28/01 Not SSI MP200682-
Buckingham tol I ot MP200685
the Boston Globe andl 1
1 lof Massport, regarding
necessary security measures at
U.S. Airports and attaching
Massport's letter to Secretary
Mineta's commission on air
/travel safety.

9/11
Working-level
Employee 14
E-mail Description Date Preliminary SSI Bates Range
Designation
E-mail correspondence 9/26/01 SSI MP200670
betweenl 1

'\f EDS regarding post-


; 9/11 security measures at
; Logan Airport.
E-mail from Stephen Luongo 9/24/01 SSI MP200671-
of the FAA to Joseph Lawless MP200672
of Massport andl 1
of the FAA attaching a
description of the procedures
and rationale for a federal law
enforcement presence at
security checkpoints.
E-mail correspondence 9/26/01 SSI MP200673
between Stephen Luongo of
the FAA, Joseph Lawless of
Massport/and another
regarding post-9/1 1 security
measures at Logan Airport.
E-mai 1 correspondence 9/28/01 SSI MP200674-
attaching the Department of MP200676
Transportation's updated threat
advisory and the current FBI
list./

REQUEST NO. 9

Documents, including but not limited to Security Directives and Information Circulars, received
by Massport and Logan International Airport from the FAA regarding threats to civil aviation
security from 1998 through September 11, 2001, and documents sufficient to describe
.Massport's actions in response to such information.

RESPONSIVE E-MAILS

None.

REQUEST NO. 10

Documents relating to airport and air carrier personnel employed by Logan International Airport
from 1998 through September 11, 2001 suspected of terrorist activities, affiliations or
associations.

9/11
Working-level
Employee 15
RESPONSIVE E-MAILS

None,

REQUESTNO.il

Documents sufficient to describe actions taken or proposed by Massport in response to the Carter
Commission report.

RESPONSIVE E-MAILS

None.

REQUEST NO. 12

Documents, such as blueprints, depicting the physical layout of the terminals servicing AAL
Flight 11, UAL Flight 175, and Colgan Air Flight 5930 on September 11, 2001, including
documents that identify each terminal by its designation letter, the individual gates by number,
and the location and designation of each of the security checkpoints servicing the terminals.

RESPONSIVE E-MAILS

None.
LIBA/1342725.4

16

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