NSA for Records on the Use of AI Learning in Data Analysis and Intelligence Gathering

Jordan Lassiter filed this request with the National Security Agency of the United States of America.
Status
Rejected

Communications

From: Jordan Lassiter

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

I am requesting all records, including but not limited to reports, memos, emails, and other correspondence, related to the NSA's use of AI learning for algorithms and searching.

Specifically, I am interested in any information related to how the NSA uses AI learning in its data analysis and intelligence gathering efforts. This includes information on any AI algorithms or tools the NSA uses to process and analyze large datasets, as well as any training data sets used to develop and test these algorithms.

In addition, I am requesting any information related to the development or acquisition of AI learning technology by the NSA, as well as any contracts, agreements, or other documents related to the procurement of such technology.

Please also include any records that discuss the potential benefits or drawbacks of using AI learning in the NSA's work, as well as any guidance or policies that the NSA has established related to the ethical use of AI in intelligence gathering.

To facilitate the search for responsive records, I suggest using the following search terms:

Artificial Intelligence
Machine Learning
Data Analysis
Algorithms
Training Data Sets

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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,

Jordan

From: National Security Agency

Dear Jordan:

Attached is your completed FOIA request. NSA considers your request to be satisfied and accordingly your request is being closed at this time.

Please follow the instructions provided to you within the letter if you wish to contact us. Please do not respond to this email.

NSA Freedom of Information Division
(301) 688-6527

From: Jordan Lassiter

Dear Sir/Madam,

I am writing to appeal the denial of my Freedom of Information Act (FOIA) request for information related to the use of Artificial Intelligence/Machine Learning in intelligence gathering, as outlined in your letter dated 20 March 2023, and assigned Case Number 115974.

While I appreciate the general information provided about the NSA's collection and provision of intelligence derived from foreign communications, I strongly believe that the public has a right to know about the use of AI/ML in intelligence gathering, especially given the potential implications for civil liberties and privacy.

I understand that the existence or non-existence of the materials I requested is a currently and properly classified matter in accordance with Executive Order 13526, as set forth in Subparagraph (c) of Section 1.4, and that the FOIA does not apply to matters that are specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign relations and are properly classified pursuant to such Executive Order.

However, I respectfully request that you reconsider the withholding of the requested information, taking into account the principles of transparency and accountability, which are essential for democratic governance.

Moreover, I would like to point out that the use of AI/ML in intelligence gathering is a matter of significant public interest and concern, and the release of such information would contribute to informed public debate and discussion.

Therefore, I urge you to carefully review my request and provide me with a full and complete response, as required under the FOIA. If necessary, I am willing to work with your office to narrow the scope of my request or to identify any additional information that may help expedite the processing of my request.

Thank you for your attention to this matter.

From: National Security Agency

A letter stating that the request appeal has been rejected.

From: National Security Agency

The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.

From: Jordan Lassiter

Dear OGIP,

I am writing in response to your recent letter denying my request for records related to the use of the Glomar response by the National Security Agency (NSA) in response to my FOIA request, Case Number 115974/Appeal Number 5699.

In my original FOIA request, I sought all records related to the NSA's use of artificial intelligence for algorithms and searching. However, the NSA responded with a Glomar response, neither confirming nor denying the existence of responsive records, citing national security concerns.

I understand the need to protect sensitive information, but I believe that the NSA's Glomar response in this case is overly broad and does not meet the requirements of FOIA. In my appeal, I cited recent OIP guidance and court cases, including "ACLU v. CIA," "Judicial Watch v. U.S. Dep't of Defense," and "Electronic Frontier Foundation v. NSA," which have addressed the use of the Glomar response in FOIA cases and emphasized the need for a detailed explanation of the harm that would result from confirming or denying the existence of responsive records.

I respectfully request that OGIP review the NSA's Glomar response in light of these legal precedents and guidance and provide a more specific and transparent explanation of its decision.

Thank you for your attention to this matter.

Sincerely,

Jordan Lassiter

From:

Thank you for contacting the Office of Government Information Services (OGIS). This is an auto reply message.

As the Freedom of Information Act (FOIA) ombudsman, OGIS assists FOIA requesters and federal agencies by helping them resolve their FOIA disputes, and by addressing their questions and concerns about the FOIA process. We will review your submission as soon as possible and will respond as appropriate. We apologize for any delays in our response and look forward to assisting you.

If you seek OGIS’s assistance with a Freedom of Information Act (FOIA) dispute and have not done so already, please email us:
- A brief description of your dispute
- A copy of your FOIA request
- The agency’s response to your request
- Your appeal letter (if you filed an appeal)
- The agency's response to your appeal (if you received a response)

We encourage you to transmit documents as PDF attachments via email, rather than through postal mail, which may cause delays in our response.

Sincerely,
The OGIS Staff

From: National Security Agency

Dear Jordan Lassiter,

Please see OGIS's response to your submission (00032989), attached to this
email.

Sincerely,
The OGIS staff

From: Jordan Lassiter

To Whom It May Concern

Please find the enclosed documents requested.

Sincerely

Jordan Lassiter

enclosure

From: Jordan Lassiter

This is in regard to 00032989

From:

Thank you for contacting the Office of Government Information Services (OGIS). This is an auto reply message.

As the Freedom of Information Act (FOIA) ombudsman, OGIS assists FOIA requesters and federal agencies by helping them resolve their FOIA disputes, and by addressing their questions and concerns about the FOIA process. We will review your submission as soon as possible and will respond as appropriate. We apologize for any delays in our response and look forward to assisting you.

If you seek OGIS’s assistance with a Freedom of Information Act (FOIA) dispute and have not done so already, please email us:
- A brief description of your dispute
- A copy of your FOIA request
- The agency’s response to your request
- Your appeal letter (if you filed an appeal)
- The agency's response to your appeal (if you received a response)

We encourage you to transmit documents as PDF attachments via email, rather than through postal mail, which may cause delays in our response.

Sincerely,
The OGIS Staff

From:

Thank you for contacting the Office of Government Information Services (OGIS). This is an auto reply message.

As the Freedom of Information Act (FOIA) ombudsman, OGIS assists FOIA requesters and federal agencies by helping them resolve their FOIA disputes, and by addressing their questions and concerns about the FOIA process. We will review your submission as soon as possible and will respond as appropriate. We apologize for any delays in our response and look forward to assisting you.

If you seek OGIS’s assistance with a Freedom of Information Act (FOIA) dispute and have not done so already, please email us:
- A brief description of your dispute
- A copy of your FOIA request
- The agency’s response to your request
- Your appeal letter (if you filed an appeal)
- The agency's response to your appeal (if you received a response)

We encourage you to transmit documents as PDF attachments via email, rather than through postal mail, which may cause delays in our response.

Sincerely,
The OGIS Staff

From:

Thank you for contacting the Office of Government Information Services (OGIS). This is an auto reply message.

As the Freedom of Information Act (FOIA) ombudsman, OGIS assists FOIA requesters and federal agencies by helping them resolve their FOIA disputes, and by addressing their questions and concerns about the FOIA process. We will review your submission as soon as possible and will respond as appropriate. We apologize for any delays in our response and look forward to assisting you.

If you seek OGIS’s assistance with a Freedom of Information Act (FOIA) dispute and have not done so already, please email us:
- A brief description of your dispute
- A copy of your FOIA request
- The agency’s response to your request
- Your appeal letter (if you filed an appeal)
- The agency's response to your appeal (if you received a response)

We encourage you to transmit documents as PDF attachments via email, rather than through postal mail, which may cause delays in our response.

Sincerely,
The OGIS Staff

From:

Thank you for contacting the Office of Government Information Services (OGIS). This is an auto reply message.

As the Freedom of Information Act (FOIA) ombudsman, OGIS assists FOIA requesters and federal agencies by helping them resolve their FOIA disputes, and by addressing their questions and concerns about the FOIA process. We will review your submission as soon as possible and will respond as appropriate. We apologize for any delays in our response and look forward to assisting you.

If you seek OGIS’s assistance with a Freedom of Information Act (FOIA) dispute and have not done so already, please email us:
- A brief description of your dispute
- A copy of your FOIA request
- The agency’s response to your request
- Your appeal letter (if you filed an appeal)
- The agency's response to your appeal (if you received a response)

We encourage you to transmit documents as PDF attachments via email, rather than through postal mail, which may cause delays in our response.

Sincerely,
The OGIS Staff

From: National Security Agency

Dear Jordan Lassiter,

Please see OGIS's correspondence regarding this submission (00034815),
attached to this email.

Sincerely,
The OGIS Staff

From:

Thank you for contacting the Office of Government Information Services (OGIS). This is an auto reply message.

As the Freedom of Information Act (FOIA) ombudsman, OGIS assists FOIA requesters and federal agencies by helping them resolve their FOIA disputes, and by addressing their questions and concerns about the FOIA process. We will review your submission as soon as possible and will respond as appropriate. We apologize for any delays in our response and look forward to assisting you.

If you seek OGIS’s assistance with a Freedom of Information Act (FOIA) dispute and have not done so already, please email us:
- A brief description of your dispute
- A copy of your FOIA request
- The agency’s response to your request
- Your appeal letter (if you filed an appeal)
- The agency's response to your appeal (if you received a response)

We encourage you to transmit documents as PDF attachments via email, rather than through postal mail, which may cause delays in our response.

Sincerely,
The OGIS Staff

From:

Thank you for contacting the Office of Government Information Services (OGIS). This is an auto reply message.

As the Freedom of Information Act (FOIA) ombudsman, OGIS assists FOIA requesters and federal agencies by helping them resolve their FOIA disputes, and by addressing their questions and concerns about the FOIA process. We will review your submission as soon as possible and will respond as appropriate. We apologize for any delays in our response and look forward to assisting you.

If you seek OGIS’s assistance with a Freedom of Information Act (FOIA) dispute and have not done so already, please email us:
- A brief description of your dispute
- A copy of your FOIA request
- The agency’s response to your request
- Your appeal letter (if you filed an appeal)
- The agency's response to your appeal (if you received a response)

We encourage you to transmit documents as PDF attachments via email, rather than through postal mail, which may cause delays in our response.

Sincerely,
The OGIS Staff

From: National Security Agency

Dear Jordan Lassiter,

Please see OGIS's response to your May 3, 2023 submission (00034815),
attached to this email.

Sincerely,
The OGIS Staff

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