Showing posts with label FOIA. Show all posts
Showing posts with label FOIA. Show all posts

Wednesday, October 13, 2010

Leon Panetta Speaks at SCU

Leon Panetta, Director of the CIA, spoke at Santa Clara University last week (October 8, 2010). He was entertaining and clearly proud of his Italian heritage. In one of his best moments of the night, he told a story about the necessity of fighting for your beliefs:

A priest and a rabbi want to learn more about each other's beliefs, so they attend a boxing match. One of the boxers goes to the corner and makes the sign of the cross. The rabbi sees this and asks the priest, “What does that mean?” The priest responds, “Not a damn thing, if he can’t fight.” (It’s much funnier when spoken.)

Overall, Panetta said all the right things. He is against “enhanced interrogation techniquesaka torture (he said the CIA uses the Army Field Manual on interrogations). He thinks the media is doing Americans a disservice through its soundbite-style reporting (and even took a jab at Fox news, saying that the media panders to the lowest common denominator because they don’t want to be “outfoxed.”) In any case, here are the highlights of Panetta's speech as I saw them:

In D.C., “gridlock is the order of the day.”

Panetta singled out Yemen, Somalia, Afghanistan, Iraq, and Pakistan as hotbeds of terrorism. He said that Pakistan had nuclear weapons and Al-Qaeda leaders.

He said India was an emerging power but will have to deal with its poverty problem [which may limit its ascendancy].

He said, “My job is to tell the truth,” whether they [the White House and Congress] like to hear it or not.

The CIA has four basic missions: counter-terrorism (CT); counter-proliferation; cyber-security; and minimizing the risk of surprise.

One interesting quote: “We are conducting a war within Pakistan.”

“Security and stability are our top priorities.”

On nuclear proliferation, “all we need is a nuclear arms race in the Middle East,” he said with an exasperated tone.

He singled out North Korea as an active proliferator that shares nuclear technology with other countries. He also mentioned Iran's nuclear program, but didn't provide much detail other than mentioning it as a potential catalyst for a nuclear arms race.

On cyber-security, Panetta singled out China and Russia as potential threats. He said the “next Pearl Harbor could be a cyberattack” that shuts down our power grid or financial system. He said we experience hundreds of thousands of cyberattacks each year.

Panetta also went on several tangents, mentioning the Mexican drug cartels, which have killed 15,000 people, and the rising power of Brazil and India.

He told us that “we do not have to choose between law and security,” but “at the same time, we cannot be free unless we are secure.”

Panetta said the CIA’s budget has “tripled” since 9/11, which was cause for concern. He said such growth and unchecked expenditures “frankly scared the hell out of” him. (Prior to becoming Director, Panetta spent years on the House Budget Committee trying to balance the federal budget.)

Panetta has reduced the CIA’s reliance on outside contractors (I believe he said the CIA has reduced its reliance on contractors by around "20%," but I couldn't quite make out the specific context, and I'm sure there are many different kinds of contractors, so the 20% number may not be very helpful to anyone).

Panetta has made knowledge of a foreign language a requirement to advance within the CIA. His goal is to “be diverse,” and he wants to increase the CIA’s overall diversity from 23% overall to 30%.

Panetta said the CIA’s basic goal is “convincing people to risk their lives to give us information–that is what it is all about.” If we can’t protect them [the assets], he said, no one will want to work with us (later, he criticized WikiLeaks because some of the documents released contained names).

Panetta also said the President of the United States signs off on all covert operations, and the CIA's decisions are also reviewed by the Attorney General as well as overseen by Congress [see Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence]. He went out of his way to say that the CIA keeps the President and Congress apprised of all operations.

He said that over half of the CIA’s workforce was hired post-9/11.

During the short Q&A session, Panetta criticized the media, saying its quality has declined because of soundbites and increased competition (this is where he made the comment about the general media not wanting to be “outfoxed”).

Panetta said the CIA had no excuse for not having oversight over [outside] contractors. He also said that certain security details were outsourced because certain agencies don't have designated security personnel. (I think he mentioned protection for certain Afghan politicians and State Department personnel, but don't quote me on this.)

Panetta lamented the state of modern politics, indicating that the goal ought to be consensus, but now politicians care more about surviving in office. Panetta said we can “govern by leadership or [by] crisis,” and right now, we are governing by crisis.

As I left the speech, I realized I had listened to a series of bromides. For example, Panetta left out the CIA’s role in extraordinary renditions. While Panetta said we should not look backwards to the Bush administration’s mistakes, he also didn’t say anything about how the CIA sought to avoid similar debacles. My own personal experience regarding FOIA requests was markedly different with the CIA than it was with the FBI–even though both were providing me information pursuant to the exact same federal law.

At the end of the day, Mr. Panetta is just one individual, just like President Obama is just one individual. My feeling is that Americans keep looking for one person to change things, but our form of government is anti-royalty and therefore one person’s power–though vast–is still limited. We need to move away from a "single individual" mentality and try to elect people who are comfortable delegating power and who will create changes from the bottom up. If this decade is any indication, it appears that one person can make a difference on the negative side, but not so much on the positive side.

Bonus: Audio of Speech.

Bonus: from Robert Scheer's They Know Everything about You (2015):


Wednesday, October 28, 2009

Congress Passes a Law Promoting Gov Secrecy

Without transparency, citizens cannot keep their government honest. That's why I was surprised at a recent news story: "Photographs documenting US military abuse of detainees overseas will likely remain secret under a new law passed by Congress." See here

Congress essentially passed a law to circumvent a federal appellate court decision. That court ordered the government to release the photos to the ACLU (pursuant to the FOIA). 

Basically, our own government is withholding relevant information relating to the war on terrorism. But if we, the taxpayers, paid for it, we deserve to see the consequences of it (Note: common sense tells us these photographs contain no significant security secrets). 

Bottom line: don't sugarcoat something for me--I want to see all the results of my taxpayer contributions, good or bad. Tell me to wear a seatbelt, tell me where I can't smoke, but if you're spending my tax dollars killing other people and getting my fellow citizen-soldiers killed, I want to see the results. Doesn't that sounds fair? 

Update on December 1, 2009: Sadly, the U.S. Supreme Court has approved the withholding of detainee pictures. See here.

Thursday, August 27, 2009

CIA and FBI: Results of My FOIA/FOIPA Request

Lately, the FOIA is getting good press. The FOIA and FOIPA allow Americans to gain access to information government agencies have about them. Previously, USAG Ashcroft instructed lawyers to do whatever they could to deny requests for information, such as charging high fees for file searches or copies. President Obama, on the other hand, has promised change, and part of this change is more transparency. I wanted to see whether government agencies were complying with President Obama's message, so I recently sent FOIA and FOIPA requests to both the FBI and CIA. Their handling of my requests was starkly different, even though I sent the same letter to both agencies.

All government agencies should have similar responses to FOIA and FOIPA requests for personal information. The two laws are not overly complicated, so they shouldn't be interpreted differently depending on whichever agency is handling the request. Therefore, a valid request for personal information should result in a similar response from all federal agencies--i.e., the agency must produce relevant documents to you if such documents exist.

The procedure is simple: agencies must respond within 20 days and acknowledge they have received your request. Then, the agency must do a search for your documents and if it finds relevant documents, it must provide you with those documents. In some cases, an agency may redact sensitive information on documents. (Note: under Bush II/Ashcroft, the DOJ improperly and excessively redacted information, which effectively gutted the FOIA and forced multiple appeals).

In my case, in terms of responsiveness, the FBI passed with flying colors. Not only did the FBI acknowledge my request in less than a week, it even waived the normal fees and included an FBI Fact File Sheet (one sample fact: "The FBI does not keep a file on every citizen of the United States."). Then, it did the search for relevant documents the very next day and mailed me a written update. Someone at the FBI even personally initialed both letters.

The FBI's substantive response was interesting. No documents existed on me, but "Records which may be responsive to your Freedom of Information-Privacy Acts (FOIPA) request were destroyed on February 14, 2005." I believe I applied for the FBI's Special Agent trainee position around 1999. Thus, it appears the FBI destroys applicant/personnel files after six years. The FBI letter even told me exactly how to appeal the decision; where to send the appeal; and the exact statute of limitations (60 days from the date of the letter). In terms of professionalism and responsiveness, the FBI seems to be complying with President Obama's transparency directive.

In contrast, the CIA appears to be following Dick Cheney's philosophy of concealing information. Although it did respond to my request, I received their response on the twentieth day. Also, although the CIA's letter is dated August 20, 2009, the envelope shows that the letter was not mailed until August 24, 2009--four days after it was written. As of today, the CIA has refused to provide me with any information.

The CIA cited 32 CFR 1901.13, which states, "In the case of an individual who is an alien lawfully admitted for permanent residence, said individual shall provide his or her alien registration number and the date that status was required." I am a naturalized U.S. citizen, not an alien or permanent resident. The plain language of the code section uses the present tense, not the past tense to refer to a person "who is an alien." Somehow, the CIA is claiming I need to comply with legal language that applies to non-citizens, even though I am an American citizen.

I used the same written content for both FOIA/FOIPA requests. Only the CIA denied my request and demanded more information. In denying my request, the CIA also referred to legal code that doesn't apply to American citizens. The FBI's fulfillment of my request supports my belief that the CIA is incorrectly throwing up a hurdle to deny me information. In addition, the CIA failed to respond to my fee waiver request.

Two different agencies, the same laws, and two entirely different responses. I am debating whether I should give the CIA the information they want, or whether I should tell the CIA I will take them to court if they don't grant my request. My gut tells me to provide them with the information, but I may change my mind. [Update: go to the bottom of this post to see what eventually happened.]

My letter to the FBI is below:

ORIGINAL SENT BY MAIL

Attn: FOIA Request
Federal Bureau of Investigation
Record Information/Dissemination Section
170 Marcel Drive
Winchester, VA 22602-4843

Dear FBI:

Under the Freedom of Information Act, 5 U.S.C. subsection 552 and the Privacy Act, 5 U.S.C. section 552a, please furnish me with copies of all records about me indexed to my name. To help identify information about me in your record systems, I am providing the following required information:

Full name: X
Current address: X
Date and Place of Birth: X
Citizenship status: X

If you deny all or any part of this request, cite each specific exemption forming the basis of your refusal to release the information, and notify me of appeal procedures available under the law.

I believe I am a representative of the news media and this request is made part of news gathering and not for commercial use. I publish a blog at willworkforjustice.blogspot.com that posts, among other items, articles about the government. I will be writing about my experience requesting information from your agency on this blog. This matter affects a public interest because it will show Americans how to access their information from government agencies. It will also test President Obama’s statements about whether the federal government is more open to granting FOIA requests.

If you do not deem me to be eligible for a fee waiver, then I agree to pay reasonable fees/costs incurred in the copying of these documents up to the amount of $30. If the estimated fees will be greater than $30, please contact me by telephone (xxx-xxx-xxxx) before such expenses are incurred. If you have any questions regarding this request, please contact me by telephone. Thank you for your assistance.

Under penalty of perjury, I hereby declare that I am the person named above and I understand that any falsification of this statement is punishable under the provisions of Title 18, United States Code (U.S.C.), Section 1001 by a fine of not more than $10,000 or by imprisonment of not more than five years, or both; and that requesting or obtaining any record(s) under false pretenses is punishable under the provisions of Title 5, U.S.C., Section 552a(i)(3) as a misdemeanor and by a fine of not more than $5,000.

Date: ________________________________

Signature _____________________________

FYI: CIA's address and fax number are as follows:

Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
fax: (703) 613-3007

Update on September 15, 2009: on September 7, 2009, I decided to give the CIA the information they wanted. I told them if I did not hear back from them by September 15, 2009, I would assume that they had a policy of treating naturalized citizens differently (read: more harshly) than native-born citizens. I have not heard back from the CIA yet.

Update on September 27, 2009: on a letter post-marked on September 21, 2009 and written on September 17, 2009, the CIA finally responded to my request: "We were unable to identify any information or records filed under your name. Regarding your request for a fee waiver, it is the policy of this agency to not charge fees for Privacy Act searches."

Bonus I: more "loveliness" from the CIA here.

Bonus II: see comments section for ODNI request and result.

Bonus III: see HERE for a summary of CIA Director Leon Panetta's speech at SCU (2010).

Bonus IV: see below for the most recent update. Everyone knows what "Neither confirm nor deny" means, especially with several watchlists not subject to truly independent oversight. See, for example, FISA court resignations.

Bonus V: after cleaning my room, I found this old envelope. An intelligence agency, ODNI, misspelled my middle name. I realize a secretary may have made the mistake rather than an analyst or officer, but I also suspect secretaries or similar level employees/contractors were the ones inputting data--including names on security lists--into computers and databases before artificial intelligence. 



Wednesday, January 21, 2009

Obama Delivers

I had a mental orgasm when I read this article on Obama, who just froze the salaries of high-paid aides, instituted a new ethics code, and changed FOIA policy:

http://news.yahoo.com/s/ap/20090121/ap_on_go_pr_wh/obama_executive_pay

"For a long time now, there's been too much secrecy in this city," Obama said.

Obama gets it. He really gets it. God bless him, and God bless America.