26 April 2003
[Received in November 2002.]
Central Intelligence Agency
Washington, D.C. 20505
NOV 01 2002
Mr. John Young
CRYPTOME
251 West 89th Street
New York, New York 10024
Reference: F-2002-00546
Dear Mr. Young,
This is in response to your letter of 5 August 2002 in which you appealed the 26 July 2002 determination of this Agency in response to your 8 March 2002 Freedom of Information Act request for records pertaining to:
"STASI, the former East German intelligence service, specifically information about the contents of files reportedly obtained by the CIA on STASI records of its intelligence gathering operations and persons who assisted these activities."
Specifically, you appealed our determination to deny your request on the basis that the files you seek are "operational files" as defined by CIA Information ACt, 50 U.S.C. §431, and as such are exempt from search, review, publication, and disclosure under the Freedom of Information Act.
Your appeal has been presented to the appropriate member of the Agency Release Panel, the Information Review Officer for the Directorate of Operations. Pursuant to authority delegated under paragraph 1900.43 of Chapter XIX, Title 32 of the Code of Federal Regulations (C.F.R.), the Information Review Officer has reaffirmed that your reques is denied on the basis that the files you seek are "operational files" as defined by the CIA Information ACt, 50 U.S.C. §431, and as such are exempt from search, review, publication, and disclosure under the Freedom of Information Act.
Further, in regard to you appeal and in accordance with CIA regulations appearing at 32 C.F.R. paragraph 1900.41(c)(2), the Agency Release Panel has affirmed this determination.
In accordance with the provisions of the Freedom of Information Act, you have the right to seek judicial review of this determination in a United States district court.
We appreciate your patience while your appeal was being considered.
Sincerely,[Signed]
Hebert O. Briick
Vice Chairman
Agency Release Panel
[Prior correspondence.]
5 August 2002
Cryptome 251 West 89th Street New York NY 10024 212-873-8700
March 8, 2002
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
Dear Coordinator:
Under the Freedom of Information Act, 5 U.S.C. subsection 552, I am requesting information or records on the STASI, the former East Germany intelligence service, specifically information about the contents of files reportedly obtained by the CIA on STASI records of its intelligence gathering operations and persons who assisted these activities. It has been reported in the press that these files are on a number of CDs. This request is for only a list of the contents of these files and or CDs but not for their full contents.
The purpose of requesting this information is to publish it on the website Cryptome.org, which provides public information on intelligence and national security affairs.
I shall be pleased to pay for any applicable fees for searching, reviewing, or copying the records.
Sincerely,
John Young
Central Intelligence Agency
Washington, D.C. 20505
26 July 2002
Mr. John Young
CRYPTOME
251 West 89th Street
New York, NY 10024
Reference: F-2002-00546
Dear Mr. Young,
This acknowledges receipt of and is the final response to your 8 March 2002 letter requesting records under the provisions of the Freedom of Information Act (FOIA). Specifically, your request for records pertaining to:
"STASI, the former East German intelligence service, specifically information about the contents of files reportedly obtained by the CIA on STASI records of its intelligence gathering operations and persons who assisted these activities.
For identification purposes we have assigned your request the number referenced above. Please refer to this number in future correspondence.
The files you seek are "operation files" as defined by the CIA Information Act, 50 U.S.C. § 431, and as such are exempt from searches, review, publication, or disclosure.
You may appeal this decision by addressing your appeal to the Agency Release Panel, in my care, within 45 days from the date of this letter. Should you choose to do this, please explain the basis of your appeal.
Sincerely,
Kathryn I. Dyer
Information and Privacy Coordinator
Cryptome 251 West 89th Street New York NY 10024 212-873-8700
5 August 2002
Agency Release Panel
c/o Kathryn I. Dyer
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
Reference: F-2002-00546
Dear Ms. Dryer,
This is an appeal of your response of 26 July 2002 concerning information held by the CIA on the STASI, the former East German intelligence service.
Basis for appeal:
1. There is substantial public interest in and concern about domestic spying by intelligence agencies and the STASI is the agency most often cited recently for abuses of civil and human rights.
2. It is in the public interest to learn as much as possible about the extent, means and methods of the STASI to inform public debate on the prospect and practice of domestic spying in the United States and other countries.
3. Without public access to the STASI files generally known to be held by the CIA it is likely fear will grow concerning domestic spying due to the STASI's abuses, somewhat better known now but for many years concealed.
4. Without public access to the STASI files suspicion will increase that they contain not only CIA "operational files" but also methods of concealment of domestic spying abuses -- not only about the STASI but about other intelligence agencies with whom that agency is likely to have been complicit, including but not limited to those of the United States.
5. Victims of the STASI in the former East Germany and other countries deserve access to all information about the operation and abuses of that agency, a substantial portion of which is currently withheld by the German government despite public protests.
6. Release of STASI information could reduce the appearance that the CIA is protecting the STASI and its former officials, agents and informers, not only for past practices but for abuses continuing in the present and into the future.
Sincerely,
John Young
In a related FOIA request to the US Army Intelligence and Security Command, Cryptome has recently received:
1. About 1,500 pages of a 2100-page dossier titled "East German Intelligence Service Personalities, ZF400210W." 463 pages were denied as exempt. The dossier consists of US Army- and other-informant reports on STASI officials, agents and organization and evaluations of these reports. Almost all names are redacted.
2. About 200 pages of a 876-page dossier titled "East German Topographic Maps, ZF010829W." 26 pages were denied as exempt. Most of this dossier consists of records on intelligence about topographic documents used by East Germany, the Soviet Union and allies.
A substantial number of pages of both dossiers were withheld pending approval of unnamed originating agencies, which are expected to issue their own responses.
More on these dossiers after those responses are received.