SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2005, Issue No. 61
June 30, 2005
** NRO USE OF FOIA EXEMPTION FOR "OPERATIONAL FILES" CHALLENGED
** INSIDER ESPIONAGE THREAT IS GROWING, DOD STUDY SAYS
** CRS REPORTS IN THE EXECUTIVE OFFICE OF THE PRESIDENT
** SELECTED CRS REPORTS
NRO USE OF FOIA EXEMPTION FOR "OPERATIONAL FILES" CHALLENGED
A lawsuit filed by the Federation of American Scientists today
charged that the National Reconnaissance Office (NRO) has
improperly invoked the "operational files" exemption to the
Freedom of Information Act in order to withhold unclassified
budget records from disclosure.
The NRO is somewhat notorious for its expansive interpretation of
the FOIA exemption for "operational files," meaning records "that
document the means by which foreign intelligence or
counterintelligence is collected through scientific and technical
systems."
Such records are exempt from the search and review requirements of
the Freedom of Information Act since they are typically highly
classified and are unlikely to be disclosed anyway.
But NRO has been using the operational files exemption (at 50
U.S.C. 403-5e) to withhold historical records and routine
administrative records such as budget documents. This was almost
certainly not the intent of Congress when it granted the
exemption to the agency in 2002.
As far as could be determined, there has been no prior litigation
on the use of the "operational files" exemption. Besides NRO,
such an exemption has been granted to CIA, NSA and NGA. The
Defense Intelligence Agency was denied an operational files
exemption in 2000, but it is trying again in next year's pending
defense authorization act.
The FAS FOIA lawsuit seeks disclosure of unclassified portions of
the NRO's Congressional Budget Justification Book (CBJB) for FY
2006. As recently as last year, NRO released substantial
unclassified portions of the CBJB. But now it claims they are
exempt from the FOIA.
A copy of the complaint filed today in DC District court may be
found here:
http://www.fas.org/sgp/foia/nro-cbjb/complaint.pdfINSIDER ESPIONAGE THREAT IS GROWING, DOD STUDY SAYS
Opportunities and motivations for espionage by cleared "insiders"
are steadily increasing, according to a new study performed for
the Department of Defense.
There are numerous reasons why the perceived insider threat is
growing, the study says.
"Insiders have an unprecedented level of access to classified and
proprietary information due to technological advances in
information storage and retrieval."
"American employees have greater opportunity to establish contact
with foreign entities and to transfer information to them through
traveling internationally more often and by participating in
international research and business ventures more frequently."
"Internet use is expanding globally and computer-users are
becoming more culturally and linguistically diverse. The Internet
can now be used to transmit massive amounts of digitized
information to multiple foreign parties simultaneously."
"Finally, the market for U.S. information is expanding."
Complicating matters further, "Even the most effective personnel
security program will never fully eliminate the insider espionage
threat."
The DoD study, published in May, is somewhat old-fashioned in the
sense that it focuses on information security in isolation and as
an independent variable. It does not consider whether there is
such a thing as an "acceptable" level of espionage risk, nor does
it address the possible adverse consequences of tightening
information security controls.
See "Technological, Social, and Economic Trends That Are
Increasing U.S. Vulnerability to Insider Espionage," by Lisa A.
Kramer, Richards J. Heuer Jr., and Kent S. Crawford, Defense
Personnel Research Center (PERSEREC), May 2005:
http://www.fas.org/sgp/othergov/dod/insider.pdfSpeaking of Richards J. Heuer Jr., his remarkable 1999 book
"Psychology of Intelligence Analysis" has just been translated
into Hebrew and published by the Israeli Ministry of Defense.
The original may be found here:
http://www.cia.gov/csi/books/19104/CRS REPORTS IN THE EXECUTIVE OFFICE OF THE PRESIDENT
The Congressional Research Service insists that it works "solely,
directly and specifically" for Congress. That excludes not only
the American public, but also executive branch agencies and the
White House.
So White House officials who want to read CRS reports have to beg,
borrow or buy them just like anyone else. And they do.
As of this month, there were several dozen CRS reports posted on
the internal web site of the Executive Office of the President
(EOP) research library. The White House's limited access to CRS
publications is evident from the fact that in many cases the
posted reports are not the most recently updated editions.
A copy of the list of CRS reports currently on the EOP library web
site was requested by researcher Mike Ravnitzky. The three page
list is posted here:
http://www.fas.org/sgp/crs/eop0605.pdfSELECTED CRS REPORTS
Recent reports of the Congressional Research Service obtained by
Secrecy News include the following:
"The Availability of Judicial Review Regarding Military Base
Closures and Realignments," June 24, 2005:
http://www.fas.org/sgp/crs/natsec/RL32963.pdf"Women in the United States Congress: 1917-2005," updated June 21,
2005:
http://www.fas.org/sgp/crs/misc/RL30261.pdf"Al Qaeda: Statements and Evolving Ideology," updated June 20,
2005 (reported last week in US News and World Report):
http://www.fas.org/sgp/crs/terror/RL32759.pdf"Federalism, State Sovereignty and the Constitution: Basis and
Limits of Congressional Power," updated June 17, 2005:
http://www.fas.org/sgp/crs/misc/RL30315.pdf"Countries of the World and International Organizations: Sources
of Information," updated June 7, 2005:
http://www.fas.org/sgp/crs/misc/96-816.pdf"Membership of the 109th Congress: A Profile," updated May 31,
2005:
http://www.fas.org/sgp/crs/misc/RS22007.pdf"Homelessness: Recent Statistics, Targeted Federal Programs, and
Recent Legislation," updated May 31, 2005:
http://www.fas.org/sgp/crs/misc/RL30442.pdf"Technology Assessment in Congress: History and Legislative
Options," updated May 20, 2005:
http://www.fas.org/sgp/crs/misc/RS21586.pdf"Long-Range Fifty Caliber Rifles: Should They Be More Strictly
Regulated?," May 20, 2005:
http://www.fas.org/sgp/crs/weapons/RS22151.pdf"Vaccine Policy Issues," updated May 19, 2005:
http://www.fas.org/sgp/crs/misc/RL31793.pdf"Iran's Nuclear Program: Recent Developments," updated May 18,
2005:
http://www.fas.org/sgp/crs/nuke/RS21592.pdf_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.
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