Defense Technical Information Center (WikiLeaks)

November 27, 2013

To Whom It May Concern:

This letter constitutes a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and is submitted on behalf of journalist Alexa O’Brien.

I seek any and all documents in the Defense Technical Information Center’s possession that pertain to the WikiLeaks website or organization from January 2006 to the present date.

I am a “representative of the news media” for fee waiver purposes. See Project on Military Procurement v. Department of the Navy, 710 F. Supp. 362, 363, 365 (D.C.D. 1989). My work has been published in The Cairo Review of Global Affairs, Guardian UK, Salon, and featured by PBS Frontline, On The Media and Public Radio International. Based on my status as a “news media” requester, I am entitled to receive the requested record with only duplication fees asserted. Further, because disclosure of this information will “contribute greatly to the public understanding of the operation or activities of the government,” duplication fees should be waived.

There is a compelling need for the requested documents such that expedited processing is appropriate. I am engaged in disseminating information. There exists an urgent need to inform the public concerning actual or alleged Federal Government activity. As 5 U.S.C. § 552(a)(6)(E)(ii)(I) provides, I will anticipate your determination on our request within ten (10) calendar days.

I requests that in the event that access to any of the requested records is denied pursuant to 5 U.S.C. § 552(b), I be provided with all non-exempt portions which are reasonably segregable. I further request that you describe the deleted material in detail and specify the statutory basis for the denial as well as your reasons for believing that the alleged statutory justification applies in this instance. Please separately state your reasons for not invoking your discretionary powers to release the requested documents. Such statements will be helpful in deciding whether to appeal an adverse determination, and in formulating arguments in case an appeal is taken. I reserve my right to appeal the withholding or deletion of any information and expect that you will list the office and address were such an appeal can be sent.

I requests that documents responsive to this request be provided to me in electronic format on a CD-ROM.

Thank you in advance for your prompt attention to this request.

Sincerely,

Alexa O’Brien

RE DTIC FOIA 2014-41

Dear Mr. Hamilton,

This is a follow up to your notice and production of responsive documents for my FOIA request DTIC FOIA 2014-41.

The Office of General Counsel of the Department of Defense sent DTIC a memorandum on July 29, 2011 asking for the preservation and production of records related to Pfc. Bradley Manning, who was recently sentenced to 35 years for disclosing government information to WikiLeaks.

Does your office have documents related to that request?

https://www.documentcloud.org/documents/843668-20120800-ae-264-enc-06.html#search/p2/DEFENSE%20SECURITY%20SERVICE

Further, on 28 November 2010, the Director of the Executive Office of Budget and Management, Jacob Lew sent a "Memo for the Heads of Executive Departments and Agencies regarding WikiLeaks - Mishandling of Classified Information".

The memo stated that the "significant irresponsible disclosure by WikiLeaks has resulted in significant damage to our national security" and that "[a]ny failure by agencies to safeguard classified information pursuant to relevant laws, including but not limited to Executive Order 13526, Classified National Security Information (December 29, 2009), is unacceptable and will not be tolerated."

The memo directed each department and agency of the federal government that handles classified information to establish "a security assessment team consisting of counterintelligence, security, and information assurance experts to review the agency's implementation of procedures for safeguarding classified information against improper disclosures."

http://m.whitehouse.gov/sites/default/files/omb/memoranda/2011/m11-06.pdf

Another memo followed on January 3, 2011.

The memo contained memoranda from the Director of the Information Security Oversight Office (William J. Bosanko) and the National Counterintelligence Executive (Robert M. Bryant).

The memo called for federal agency teams to complete their internal assessments questionnaire (attached) by January 28, 2011. The memo also directed ONCIX and ISOO in coordination with OMB to evaluate and assist federal agencies to comply with the assessment requirement. The memo directed ODNI, ONCIX, and ISOO to provide assistance to the federal agency’s assessment teams (to include periodic on-site reviews of agency compliance where appropriate).

An assessment questionnaire included inquiries such as 'Assess what your agency has done or plans to do to address any perceived vulnerabilities, weaknesses, or gaps on automated systems in the post-WikiLeaks environment,' and 'Do you capture evidence of pre-employment and/or post-employment activities or participation in on-line media data mining sites like WikiLeaks or Open Leaks?'

http://m.whitehouse.gov/sites/default/files/omb/memoranda/2011/m11-08.pdf

a.) On October 7, 2011 the President of the United Stated, Barack Obama, published Executive Order 13587 concerning “Structural Reforms to Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information.”

http://www.whitehouse.gov/the-press-office/2011/10/07/executive-order-structural-reforms-improve-security-classified-networks-

The order directed federal agencies that use classified networks to “designate a senior official to oversee classified information sharing and safeguarding for the agency; implement an insider threat detection and prevention program; and perform self assessments of compliance with policy and standards.”

The order further outlined how “A Senior Information Sharing and Safeguarding Steering Committee will have overall responsibility for fully coordinating interagency efforts and ensuring that Departments and Agencies are held accountable for implementation of information sharing and safeguarding policy and standards.”

The order further stated that “the Attorney General and the Director of National Intelligence [were] actively establishing an interagency Insider Threat Task Force” and that “[d]epartments and [a]gencies are implementing more robust access control systems to enforce role-based access privileges that serve to ensure that an individual user's information access is commensurate with his/her assigned role.”

See generally for ONCIX damage assessment, which was a aggregation of the government (and military) effort

https://www.documentcloud.org/documents/712910-20121116-ae-339-prosecution-response-to-defense.html#document/p29/a29

Thank you,

Alexa O'Brien

RE Freedom of Information Act Appeal DTIC FOIA 2014-41

Dear Mr. Hamilton,

On November 27, 2013 I made a Freedom of Information Act Request to the DTIC seeking "any and all documents in the Defense Technical Information Center’s possession that pertain to the WikiLeaks website or organization from January 2006 to the present date."

On December 11, 2013, I received a response from DTIC containing of approximately of 215 pages containing a “computer generated bibliography prepared by matching the subject terms…against our Technical Report database,” and another bibliography containing “unclassified descriptions of classified or unclassified/limited distribution documents.”

On December 18, 2013 I followed up your response and notice explaining that there were other responsive documents at your agency related to my original request.

I am now challenging the FOIA response on the grounds of inadequate search.

The Office of General Counsel of the Department of Defense sent DTIC a memorandum on July 29, 2011 asking for the preservation and production of records related to Pfc. Bradley Manning, who was recently sentenced to 35 years for disclosing government information to WikiLeaks.

https://www.documentcloud.org/documents/843668-20120800-ae-264-enc-06.html#search/p2/DEFENSE%20SECURITY%20SERVICE

Further, on 28 November 2010, the Director of the Executive Office of Budget and Management, Jacob Lew sent a "Memo for the Heads of Executive Departments and Agencies regarding WikiLeaks - Mishandling of Classified Information".

The memo stated that the "significant irresponsible disclosure by WikiLeaks has resulted in significant damage to our national security" and that "[a]ny failure by agencies to safeguard classified information pursuant to relevant laws, including but not limited to Executive Order 13526, Classified National Security Information (December 29, 2009), is unacceptable and will not be tolerated."

The memo directed each department and agency of the federal government that handles classified information to establish "a security assessment team consisting of counterintelligence, security, and information assurance experts to review the agency's implementation of procedures for safeguarding classified information against improper disclosures."

http://m.whitehouse.gov/sites/default/files/omb/memoranda/2011/m11-06.pdf

Another memo followed on January 3, 2011.

The memo contained memoranda from the Director of the Information Security Oversight Office (William J. Bosanko) and the National Counterintelligence Executive (Robert M. Bryant).

The memo called for federal agency teams to complete their internal assessments questionnaire (attached) by January 28, 2011. The memo also directed ONCIX and ISOO in coordination with OMB to evaluate and assist federal agencies to comply with the assessment requirement. The memo directed ODNI, ONCIX, and ISOO to provide assistance to the federal agency’s assessment teams (to include periodic on-site reviews of agency compliance where appropriate).

An assessment questionnaire included inquiries such as 'Assess what your agency has done or plans to do to address any perceived vulnerabilities, weaknesses, or gaps on automated systems in the post-WikiLeaks environment,' and 'Do you capture evidence of pre-employment and/or post-employment activities or participation in on-line media data mining sites like WikiLeaks or Open Leaks?'

http://m.whitehouse.gov/sites/default/files/omb/memoranda/2011/m11-08.pdf

On October 7, 2011 the President of the United Stated, Barack Obama, published Executive Order 13587 concerning “Structural Reforms to Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information.”

http://www.whitehouse.gov/the-press-office/2011/10/07/executive-order-structural-reforms-improve-security-classified-networks-

The order directed federal agencies that use classified networks to “designate a senior official to oversee classified information sharing and safeguarding for the agency; implement an insider threat detection and prevention program; and perform self assessments of compliance with policy and standards.”

The order further outlined how “A Senior Information Sharing and Safeguarding Steering Committee will have overall responsibility for fully coordinating interagency efforts and ensuring that Departments and Agencies are held accountable for implementation of information sharing and safeguarding policy and standards.”

The order further stated that “the Attorney General and the Director of National Intelligence [were] actively establishing an interagency Insider Threat Task Force” and that “[d]epartments and [a]gencies are implementing more robust access control systems to enforce role-based access privileges that serve to ensure that an individual user's information access is commensurate with his/her assigned role.”

Thank you,

Alexa O'Brien

Following up on my appeal. I never received a response.

To Whom It May Concern:

I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.