NASA (WikiLeaks)
| Tracking # |
14-HQ-F-00121 |
| Submitted | Nov. 27, 2013 |
| Est. Completion | None |
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Communications
From: Alexa O'Brien
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 National Aeronautics and Space Administration’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
From: SIBLEY, JOSEPHINE. (HQ-NG000)
From: HQ-FOIA
From: Alexa O'Brien
Josephine Sibley
hq-foia@nasa.gov
(202) 358-2462
RE FOIA request 14-HQ-F-00121
Dear Ms. Sibley,
Thank you for your correspondence dated December 3, 2013 requiring additional clarification.
I seek all documents in the General Service Administration’s possession containing information pertains to:
A. WikiLeaks Publications
B. Intelligence, counterterrorism & counter intelligence investigations or analysis of the WikiLeaks organization or its publications.
C. Criminal investigations of Wikileaks and the prosecution and court-martial of Pfc. Bradley Manning.
D. Mitigation efforts in response to the unauthorized disclosure of government information to the WikiLeaks organization.
WIKILEAKS PUBLICATIONS
On January 24, 2009, Wikileaks published, “BAE Systems Temporal Processing of NASA Millimiter Wave Flight Test Data, May 2006”
On May 6, 2009, WikiLeaks published, “To the moon and beyond: NASA's Exploration Systems Architecture Study, 630 pages, 2006”
See also a WikiLeaks tweet https://twitter.com/wikileaks/status/1718049064
INVESTIGATIONS
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
According to documents released from the court-martial of Pfc. Bradley Manning, the soldier who was sentenced to 35 years for disclosing information to WikiLeaks:
According to the prosecution chronology:
There is a March 6, 2012 entry entitled, “Email with NASA to inquire about any discoverable material”
There is a March 6, 2012 entry entitled, “Sent follow up email to NASA OGC”
There is a March 20, 2012 entry entitled, “Email with NASA to request update on status of request for any discoverable material”
There is a March 22, 2012 log entitled, “Email with NASA received portion of damage assessment via email”
There are emails recently disclosed in the court-martial of Pfc. Bradley Manning:
One was dated March 22, 2012 with NASA Counterintelligence and entitled, “RE: Request to Review NCIX Response (UNCLASSIFEED)” attached to which was “NASA Memo__reference Wikileaks__21 Oct 2010.pdf”
The email states, “Division Head of the OPS Safeguard Division and his staff were unable to locate the CD (labeled SECRET) that ONCIX provided to us during October 2010. However, I’ve attached a copy of the review results that was provided by the Safeguard Division Intel Analysts.”
https://www.documentcloud.org/documents/843327-20121116-ae-339-enc-01-log-of-unclassified-emails.html#document/p211/a134481
In an email dated March 26, 2012, a military prosecutor states, “I am one of the prosecutors in the above case. Are you available to talk for a few minutes today regarding the documents your organization provided our office? I left you a voicemail with my contact number (262-685-1975).”
There is an April 4, 2012 entry entitled, “Email with NASA to request to review entire damage assessment”
See the April 4, 2012 email between military prosecutors and NASA regarding the ONCIX damage assessment:
There is an April 4, 2012 entry, “Email with NASA received entire damage assessment”
There is a May 3, 2012 entry entitled, “Email with NASA to request authority to disclose damage assessment to the defense”
There is a May 4, 2012 stating they exchanged an “email with NASA-received approval to disclose damage assessment to the defense”
There is a May 4, 2012 entry entitled, “From NASA - Forwarded the prosecution request to produce the assessment to senior counsel”
WIKILEAKS AND INSIDER THREAT
Moreover, 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.”
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.”
Sincerely,
Alexa O’Brien
From: Alexa O'Brien
There was a typo in my follow up December 20, 2013 follow up. I write General Service Administration, but intended to write NASA in the first paragraph.
From: Alexa O'Brien
From Alexa O'Brien to NASA on Dec. 20, 2013:
Josephine Sibley
hq-foia@nasa.gov
(202) 358-2462
RE FOIA request 14-HQ-F-00121
Dear Ms. Sibley,
Thank you for your correspondence dated December 3, 2013 requiring additional clarification.
I seek all documents in the NASA’s possession containing information pertains to:
A. WikiLeaks Publications
B. Intelligence, counterterrorism & counter intelligence investigations or analysis of the WikiLeaks organization or its publications.
C. Criminal investigations of Wikileaks and the prosecution and court-martial of Pfc. Bradley Manning.
D. Mitigation efforts in response to the unauthorized disclosure of government information to the WikiLeaks organization.
WIKILEAKS PUBLICATIONS
On January 24, 2009, Wikileaks published, “BAE Systems Temporal Processing of NASA Millimiter Wave Flight Test Data, May 2006”
On May 6, 2009, WikiLeaks published, “To the moon and beyond: NASA's Exploration Systems Architecture Study, 630 pages, 2006”
See also a WikiLeaks tweet https://twitter.com/wikileaks/status/1718049064
INVESTIGATIONS
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
According to documents released from the court-martial of Pfc. Bradley Manning, the soldier who was sentenced to 35 years for disclosing information to WikiLeaks:
According to the prosecution chronology:
There is a March 6, 2012 entry entitled, “Email with NASA to inquire about any discoverable material”
There is a March 6, 2012 entry entitled, “Sent follow up email to NASA OGC”
There is a March 20, 2012 entry entitled, “Email with NASA to request update on status of request for any discoverable material”
There is a March 22, 2012 log entitled, “Email with NASA received portion of damage assessment via email”
There are emails recently disclosed in the court-martial of Pfc. Bradley Manning:
One was dated March 22, 2012 with NASA Counterintelligence and entitled, “RE: Request to Review NCIX Response (UNCLASSIFEED)” attached to which was “NASA Memo__reference Wikileaks__21 Oct 2010.pdf”
The email states, “Division Head of the OPS Safeguard Division and his staff were unable to locate the CD (labeled SECRET) that ONCIX provided to us during October 2010. However, I’ve attached a copy of the review results that was provided by the Safeguard Division Intel Analysts.”
In an email dated March 26, 2012, a military prosecutor states, “I am one of the prosecutors in the above case. Are you available to talk for a few minutes today regarding the documents your organization provided our office? I left you a voicemail with my contact number (262-685-1975).”
There is an April 4, 2012 entry entitled, “Email with NASA to request to review entire damage assessment”
See the April 4, 2012 email between military prosecutors and NASA regarding the ONCIX damage assessment:
There is an April 4, 2012 entry, “Email with NASA received entire damage assessment”
There is a May 3, 2012 entry entitled, “Email with NASA to request authority to disclose damage assessment to the defense”
There is a May 4, 2012 stating they exchanged an “email with NASA-received approval to disclose damage assessment to the defense”
There is a May 4, 2012 entry entitled, “From NASA - Forwarded the prosecution request to produce the assessment to senior counsel”
WIKILEAKS AND INSIDER THREAT
Moreover, 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.”
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.”
Sincerely,
Alexa O’Brien
From: Shirazi, Lubna M. (HQ-NG000)
Dear Alexa O'Brien,
Please see the attached letter regarding your Freedom of Information Act request.
Sincerely,
Lubna Shirazi
FOIA Specialist
NASA Headquarters
Suite 5Q12
300 E Street SW
Washington, DC 20546-0001
202-358-2034
Lubna.M.Shirazi@nasa.gov<mailto:Lubna.M.Shirazi@nasa.gov>
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