Freedom of Information

Written Responses from ODNI to Questions for the Record from the Annual Threat Hearing before the Senate Select Committee on Intelligence that Was Held on February 12, 2009

This document contains the response of the U.S. Office of the Director of National Intelligence (ODNI) to a FOIA request by Steven Aftergood of the Federation of American Scientists regarding any written responses from ODNI to questions for the record from the annual threat hearing held before the Senate Select Committee on Intelligence on February 12, 2009. The questions and responses cover issues including the threat of al-Qa'ida to the United States homeland, Saudi terror cooperation with the U.S., the status of Al Qaeda in Africa, the security situation in Afghanistan and the status of the Afghan National Army, al-Qaeda in Pakistan, Iran's nuclear capability, the situation in Iraq, HAMAS and Israel, China and cyberattacks, Russia and energy security, the Guantanamo Bay detainees, and the national security threat of the global economic crisis.

Access the actual threat assessment here

Privacy and the White House Cyberspace Policy Review

The Center for Democracy & Technology has just released this review of privacy and the White House's new cyberspace policy review. "Shortly after entering office, President Obama directed a comprehensive 'cleanslate' review to assess the United States' policies and structures for cybersecurity. The result was the 'Cyberspace Policy Review'. The Review discussed the myriad issues facing the United States in cyberspace in terms of national security, economic interests and civil liberties. Since the release of the Review, some in and out of government have called into question the government's ability to protect the nation, the open Internet and privacy simultaneously. CDT strongly believes that all three goals are essential to keep the Internet open, innovative and free. In particular, CDT plans to track efforts to ensure privacy rights are included in any discussion of a national policy vis-a-vis cybersecurity.

Progress Report: Department of Justice: April 2009 (html)

Progress Report: Department of Justice: April 2009 (pdf)

"In the first 100 days of the Obama Administration, Attorney General Eric Holder and the Department of Justice have successfully pursued three critical goals: protecting our national security vigilantly and consistently with the rule of law, reinvigorating the Department's traditional missions, such as fighting crime, safeguarding the civil rights of all Americans, preserving our environment, protecting our public institutions from corruption, and ensuring fairness in the marketplace, and recommitting the Department to its vital traditions of independence, non-partisanship, transparency, and fealty to the law. Consistent with these goals, the Department has pursued several new initiatives.

Reclaiming Patriotism: A Call to Reconsider the Patriot Act
"This report identifies the Patriot Act provisions that require intensive oversight and modification to prevent abuse. [...] More than seven years after its implementation, there is little evidence to demonstrate that the Patriot Act has made America more secure from terrorists. But there are many unfortunate examples that the government abused these authorities in ways that both violated the rights of innocent people and squandered precious security resources. Three Patriot Act-related surveillance provisions will expire in December 2009, which will give the 111th Congress an opportunity to review and thoroughly evaluate all Patriot Act authorities-as well as any other post-9/11 domestic intelligence programs-and to rescind, repeal or modify provisions that are unused, ineffective or prone to abuse.

2008 Report to Congress: Data Mining: Technology and Policy

"The Privacy Office has prepared this report to the Congress pursuant to the Department's obligations under Section 804 of the Implementing the Recommendations of the 9/11 Commission Act of 2007, entitled the Federal Agency Data Mining Reporting Act of 2007. This report discusses activities currently deployed or under development in the Department that meet the Act's definition of data mining, and provides the information set out in the Act's reporting requirements for data mining programs."

On this Wednesday, December 3rd, the House Committee on Homeland Security will sponsor a series of roundtable discussions on civil liberties and privacy at the Department of Homeland Security.

The event A Path Forward: Constitutional Protections in Homeland Security "is sponsored by Rep. Bennie G. Thompson, Chairman of the Committee on Homeland Security. Experts from the public sector will give their views on the focus the Department should take in dealing with privacy, civil rights, and civil liberties during the new Administration."

National Security Agency Releases History of Cold War Intelligence Activities

"In response to a declassification request by the National Security Archive, the secretive National Security Agency has declassified large portions of a four-part 'top-secret Umbra' study, American Cryptology during the Cold War. Despite major redactions, this history discloses much new information about the agency’s history and the role of SIGINT and communications intelligence (COMINT) during the Cold War. Researched and written by NSA historian Thomas Johnson, the three parts released so far provide a frank assessment of the history of the Agency and its forerunners, warts-and-all."

The National Academy of Sciences has released a new report entitled "Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Assessment" available to read for free online. "In this report, the Committee on Technical and Privacy Dimensions of Information for Terrorism Prevention and Other National Goals examines the role of data mining and behavioral surveillance technologies in counterterrorism programs, and it provides a framework for making decisions about deploying and evaluating those and other information-based programs on the basis of their effectiveness and associated risks to personal privacy."

Secrecy Report Card 2008: Indicators of Secrecy in the Federal Government
"OpenTheGovernment.org's fifth annual report, Secrecy Report Card 2008, shows both a continued expansion of government secrecy across a broad array of agencies and actions and some movement toward more openness and accountability, particularly in the Congress. The public has a right to know what its government is doing to preserve health, safety, and the public weal. Information created by or for the federal government belongs to the American public and should be open (except in strictly limited and specified contexts). Access website for more information

CBP Policy Regarding Search of Information
The U.S. Customs and Border Protection has recently come under fire for border search procedures. In particular, the seizure of laptops and other electronic devices has become a convtroversial issue. Access the above document for CBP's policy regarding border search of information as of July 16, 2008. Also see the Association of Corporate Travel Executives press release and CBP's travel page which details procedures for traveling through ports of entry.