Documents regarding the Vulnerabilities Equities Process (USSTRATCOM)

Runa A. Sandvik filed this request with the US Strategic Command - USSTRATCOM of the United States of America.
Tracking # 14-AC-0054-A1 ; 14-067
Status
Rejected

Communications

From: Runa A. Sandvik

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request all guidelines, presentations, policy statements, legal opinions, memoranda, briefs, training manuals, emails, records and any other documents including communications and procurements relating to the Vulnerabilities Equities Process.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. I am a published independent reporter and a current contributor to Forbes (http://www.forbes.com/sites/runasandvik/). I have also had my journalism published on domestic and international blogs.

The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Runa A. Sandvik

From: Cooper Kendall L CIV USSTRATCOM/J006

Hello Runa,

I've been searching through some files and am not finding any information with
the title "Vulnerabilities Equities Process." Can you please tell me what
area of operations this process relates to, i.e., nuclear, cyber, intel,
missile defense, etc.

Thanks,

v/r

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Runa A. Sandvik

Hi Kendall,

The name refers to an interagency process for deciding when to disclose vulnerabilities in commercial and open source software. Some background information can be found on http://icontherecord.tumblr.com/post/82416436703/statement-on-bloomberg-news-story-that-nsa-knew

Sincerely,

Runa A. Sandvik

From: Cooper Kendall L CIV USSTRATCOM/J006

Just what I needed.

Thanks,

r/

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Cooper Kendall L CIV USSTRATCOM/J006

Hi ma'am,

I have a proposal for you. I am reviewing one of CYBERCOM's responsive
documents, and the only information being recommended for withholding is the
name and phone numbers of the POC of the document (titled USCYBERCOM
Communications Tasking Order (CTO) 10-133 Protection of Classified
Information on DoD SIPRNet - Change 1). If you'll allow me to, I will
redact the name and phone numbers as non-responsive and make an interim
release to you.

Awaiting your decision.

r/

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Runa A. Sandvik

Hi Kendall,

Yes, that sounds reasonable. Thanks!

Sincerely,

Runa A. Sandvik

From: Cooper Kendall L CIV USSTRATCOM/J006

I'm sorry Runa, I meant for my email to go to Alexa O’Brien, Muck Rock News. I've been working a request with her and it is quite old.

I just noticed that some of the muckrock email addresses have numbers before the @ symbol and some just have "requests" before the @ symbol.

Please accept my apologies.

r/

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 13, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Cooper Kendall L CIV USSTRATCOM/J006

Good morning,

On 19 April I tasked the STRATCOM legal office, C4 Operations Division, Cyberspace Assurance Division, Capability and Resource Integration Directorate and CYBERCOM to conduct searches for responsive documents and gave them a deadline of 9 May. On 8 May, CYBERCOM forwarded me a document they believed to be responsive, but it originated at the White House. I have not checked our internal tasking system for responses from the other offices because I've been working requests that came in ahead of yours. There are currently 11 FOIA requests being processed ahead of yours.

I will plan on checking the tasking system by 30 May to see if any responsive documents were loaded by the other offices.

Please follow up with me the first week in June.

Respectfully,

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Cooper Kendall L CIV USSTRATCOM/J006

Good morning,

Please acknowledge that you can open the attached response.

Thank you

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Runa A. Sandvik

Hi Kendall,

Thank you, I confirm that I can open the attached response. You mentioned in a previous message that CYBERCOM forwarded a document from the White House believed to be responsive. Why was this document not included in the final response?

Sincerely,

Runa A. Sandvik

From: Runa A. Sandvik

To the USSTRATCOM Freedom of Information Act Appeal Authority,

This letter constitutes a formal appeal under the U.S. Freedom of Information and Privacy Acts (5 U.S.C. 552/552a) and the regulations promulgated thereunder.

Along with a letter dated June 6, 2014, USSTRATCOM responded to my request for documents relating to the Vulnerabilities Equities Process by saying no responsive records were found. You had assigned the request reference number #14-067.

USSTRATCOM performed an inadequate search for records responsive to my request, which is violative of the FOIA. I hereby appeal USSTRATCOM's inadequate search for records responsive to my request and request that USSTRATCOM conduct a new complete and thorough search for all guidelines, presentations, policy statements, legal opinions, memoranda, briefs, training manuals, emails, records and any other documents including communications and procurements relating to the Vulnerabilities Equities Process.

Kendall Cooper, Command FOIA/PA Manager, mentioned in a May 21st message that CYBERCOM forwarded a document from the White House believed to be responsive. Why was this document not included in the final response?

Sincerely,

Runa A. Sandvik

From: US Strategic Command - USSTRATCOM

An interim response, stating the request has been delayed

From: US Strategic Command - USSTRATCOM

A letter stating that the request appeal has been succesful.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 13, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-AC-0054-A1.

Thank you for your help.

From: Cooper Kendall L CIV USSTRATCOM/J006

Ma'am,

All I can do is send another email to the White House POC. He has yet to respond to my last one. Once my secure system is up, I'll ping him again.

r/

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Cooper Kendall L CIV USSTRATCOM/J006

Good morning ma'am,

I finally got through to the National Security Council FOIA office. They are not big on answering their phones or returning calls. The FOIA Manager stated that the document I sent to their office on 2 July cannot be accounted for. I told her who I sent it to and she promised me that she would access that person's classified email account today and retrieve the document.

This is frustrating for both of us. The person I sent it to said that he would review it and send it to their FOIA office. Obviously that didn't happen.

If I do hear back from her today, I'll let you know what she says.

r/

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 13, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-AC-0054-A1.

Thank you for your help.

From: Cooper Kendall L CIV USSTRATCOM/J006

Ma'am,

Please acknowledge that you can open. Also, during the time the attached letter was with our denial authority, the DoD FOIA Policy Office directed all components to use the following appeal language. So, if you are going to appeal, please follow this new guidance.

"... appeal to the appellate authority, the Director of Administration, Office of the Secretary of Defense, by writing directly to OSD/Joint Staff Freedom of Information, ATTN: Appeals Office, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal must be postmarked within 60 calendar days of the date of this response. Alternatively, you may also submit your appeal electronically, within 60 calendar days of the date of this response, at the following link: http://pal.whs.mil/palMain.aspx."

v/r

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Runa A. Sandvik

Hi Kendall,

I confirm that I can open the attached document. Thanks!

Sincerely,

Runa A. Sandvik

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 13, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-AC-0054-A1.

Thank you for your help.

From: Cooper Kendall L CIV USSTRATCOM/J006

Here is our denial letter.

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Cooper Kendall L CIV USSTRATCOM/J006

I continue to be confused as to why you keep asking for the status of the
White House document, when we've already notified you by letter that the NSC
directed us to deny the release of that document in its entirety.

Your request was close last FY, and I would imagine that your timeline to
appeal has also passed.

r/

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

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