'i'~~~ DEPARTMENT OF DEFENSE OFFICE OF FREEDOM OF INFORMATION 1155 DEFENSE PENTAGON WASHINGTON, DC OCT 2015.

Transcription

1 DEPARTMENT OF DEFENSE OFFICE OF FREEDOM OF INFORMATION 1155 DEFENSE PENTAGON WASHINGTON, DC OCT 2015 Ref: 15-F-1525 Mr. Steven Aftergd Federatin f American Scientists DeSales Street NW Suite 600 Washingtn, DC Dear Mr. Aftergd: This is the final respnse t yur enclsed July 23, 2015, Freedm flnfrmatin Act (FOIA) request fr "a cpy f the fiscal year 2014 reprt relative t data mining that was recently transmitted t Cngress by the Under Secretary f Defense (Intelligence)." Yur request was received in this ffice n July 23, 2015, and assigned FOIA case number 15-F We ask that yu use this number when referring t yur request. Please nte that ther similar requests were being prcessed at the time yur request was received. We have included the dcument released fr thse ther requests as well. The Office f the Under Secretary f Defense fr Intelligence (USD(I)), a cmpnent fthe Office f the Secretary f Defense, cnducted a search f their recrds systems and lcated tw dcuments, ttaling 160 pages, determined t be respnsive t yur request. Mr. Garry P. Reid, Directr fr Defense Intelligence (Intelligence and Security), an Initial Denial Authrity fr the USD(l), has determined that infrmatin which has been redacted frm the dcuments is exempt frm release pursuant t 5 U.S.C. 552 (b)(1), which pertains t infrmatin that is currently and prperly classified in the interest f natinal security pursuant t Executive Order 13526, as amended, applying Sectin 1.4 (a) cncerning the prtectin f military plans, weapns, systems, r peratins; Sectin 1.4 (c) cncerning the prtectin flntelligence activities (including cvert actin), intelligence surces r methds, r cryptlgy; and Sectin 1.4 (e), cncerning the prtectin f scientific, technlgical, r ecnmic matters relating t the natinal security, including the defense against transnatinal terrrism. The infrmatin in these recrds is currently and prperly classified in the interest f natinal defense. Yur request is nw clsed in this Office. lfyu are nt satisfied with this actin, yu may petitin the Appellate Authrity, the Directr f Administratin, Office f the Secretary f Defense, by writing directly t the Freedm f Infrmatin Divisin, ATTN: Appeals Office, 1155 Defense Pentagn, Washingtn, D.C ; yu may als submit yur appeal electrnically at the fllwing link: Yur appeal shuld be pstmarked within 60 calendar days f the date f this mail, shuld cite case number 15-F-1525, and shuld be clearly marked "Freedm flnfrmatin Act Appeal." Sincerely, Enclsures: As stated 'i'~~~ Stephanie L. Carr Chief

2 .. TOP SI!ICHTH811J:NQF-9RN RESPONSE TO CONGRESS: SECRETARY OF DEFENSE REPORT ON FEDERAL DATA MINING PROGRAMS WITIDN THE DEPARTI4ENT OF DEFENSE Fiscal Year 2014 PrepantiD f tbb study/reprt en tile Depertmeat f Defeue a ttal f apprll'-ately $18, fr Flleal Year lois UNCLA:SSWIEB 'WIH3N-SEP*R:ATE&-PROM A'l"fACIJ:MijNTS 'f'op S Rt31VJSII~Of.QRN

3 TOP SECRETJ/81/~0FORN (U) The Office f the Secretary f Defense is pleased t prvide Cngress this reprt pursuant t Sectin 804 f the Implementing. Recmmendatins f the 9/11 Cmmissin Act f 2007, entitled The Federal Agency Data Mining Reprting Act f 2007 ("the Act"). (U) Cngressinally Directed Actin Requirement: This reprt respnds t a cngressinal request fr the Department f Defense t prvide infrmatin n its data mining activities as directed by the Implementing Recmmendatins fthe 9/11 Cmmissin Act f Sectin 804 f that legislatin; the Data Mining Reprting Act, requires the head f each department r agency f the Federal Gvernment that is engaged in any activity t use r develp data mining, as defmed by the act, t submit a reprt n all such activities t Cngress. (U) Backgrund and Scpe: On August 3, 2007, President Bush signed int law the Implementing Recmmendatins fthe 9/11 Cmmissin Act f2007. Sectin 804 f that legislatin, the Federal Agency Data Mining Reprting Act, requires annual reprts n gvernment data mining prgrams beginning 180 days frm the Data Mining Reprting Act's enactment. This Fiscal Year 2014 reprt was prepared by the Office f the Under Secretary f Defense fr Intelligence and respnds t the abve requirement. (U) Each f the Department f Defense Cmpnents that engaged in data mining activities during fiscal year was tasked t submit a reprt that cntained the fllwing infrmatin in accrdance with Sectin 804: (U) A thrugh descriptin f the data mining activity, its gals and, where apprpriate, the target dates fr the deplyment f the data mining activity. (U) A thrugh descriptin f the data mining technlgy that was r will be used, t include the basis fr detenninatin f whether a particular pattern r anmaly was indicative f terrrist r criminal activity. (U) A thrugh descriptin f the data surces that were used. (U) An assessment f the efficacy r likely efficacy f the data mining activity t prvide accurate infrmatin cnsistent with and valuable t the stated gals and plans fr the data mining activity. (U) An assessment f the impact r likely impact f the implementatin f the data mining activity n the privacy and civil liberties f individuals, including a thrugh descriptin f the actins taken r will be taken with regard t. the prperty, privacy, r ther rights r privileges f any individual r individuals as a result f the implementatin f the data mining activity. (U) A list and analysis f the laws and regulatins that gvern the infrmatin cllected, reviewed, gathered, analyzed, r used in cnjunctin with the data UNCLASSIFIED WilEN SEPARATED FROM ATTACHMENTS TOP SECRET}ISl/fNOFORN

4 TOP SECRET//811/NOJ'ORN mining activity, t the extent applicable in the cntext f the data mining activity. (U) A thrugh discussin f the plicies, prcedures, and guidelines that are in place r that are t be develped and applied in the use ()f such data mining activity in rder t: (U) Prtect the privacy and due prcess rights f individuals, such as redress prcedures; and (U) Ensure that nly accurate and cmplete infrmatin is cllected, reviewed,. gathered, analyzed, r used, and guard against any harmful cnsequences f ptential inaccuracies. (U) Department f Defense Respnse: The reprt was develped frm inputs frm all relevant DD Cmpnents, in crdinatin with the Defense Privacy and Civil Liberties Divisin. The reprt is separated int UNCLASSIFIED and CLASSIFIED respnses. (U) Fr the FY 2014 reprting perid: (U) Military Services: The U.S. Army, U.S. Air Frce, U.S. Navy, and U.S. Marine Crps reprted they did nt engage in any data mining activities as defined by the Federal Data Mining Activity Reprting Act f2007. (U) Cmbatant Cmmands: The Jint Staff, U.S. Central Cmmand, U.S. Pacific Cmmand, U.S. Nrthern Cmmand, U.S. Africa Cmmand, U.S. Transprtatin Cmmand, U.S. Strategic Cmmand, U.S. Special Operatins Cmmand, U.S. Suthern Cmmand, U.S. Eurpean Cmmand, and U.S. Frces Krea reprted they did nt engage in data mining activities as defined by the Federal Data Mining Activity Reprting Act f (U) Natinal Security Agency (NSA): NSA rep-rted they engaged in data mining as defined Wider definitin cntained in the Federal Data Mining Activity Reprting Act f 2007 pursuant t their missin fr freign intelligence purpses t include the detectin f terrrist activities. Their classified reprt is cntained in Annex A. (U) Natinal Gespatial-InteUigence Ageney (NGA): NGA reprted they engaged in data mining activities as defined under the definitin f the Federal Data Mining Activity Reprting Act f2007 in supprt f its missin t prvide tiinely, relevant, and accurate gespatial intelligence in supprt f natinal security. Their classified reprt is cntained in Annex B. (U) Jint Imprvised Explsive Device Defeat Organizatin (JIEDDO): JIEDDO reprted they engaged in data mining activities as defmed under the definitin f the Federal Data Mining Activity Reprting Act f2007 t perfrm searches n data -uncl~sified WHEN SEPARATED FROM ATIACHMENTS TOP SECRETI/SII/NOFORN

5 I TOP SECRET//Sif/NOFOR~ cmpiled frm a variety f databases used by U.S. and calitin military frces. Their unclassified reprt is cntained in Annex C and their classified reprt is cntained in Annex D. (U) Defense Intelligence Agency (DIA) and Natinal Recnnaissance Office (NRO): Bth DIA and the NRO reprted they did nt engage in data mining activities as defined by the Federal Data Mining Activity Reprting Act f2007. (U) Cnclusin: The Department f Defense has cmpiled this reprt fr Cngress in cmpjiance with the Federal Data Mining Activity Reprting Act f2007. The Department cntinues t ensure the effectiveness f data mining prgrams while prtecting all applicable privacy and due prcess rights f individuals. UNCLASSIFIED '+'II:I N SEP:ARATED FROM ATTACIDti:Nl'i I TOP SECRETHSIHNOFORN I

6 46 remaining pages denied in full pursuant t 5 U.S.C. 552 (b)(l)