24 September 2004

This one of several dozen responses to an FOI request to US Army INSCOM on March 29, 2001.


[3 page letter, 10 pages of documents.]

DEPARTMENT OF THE AIR FORCE
AIR FORCE OFFICE OF SPECIAL INVESTIGATIONS

                                                                8 September 2004

HQ AFOSI/XILI
P.O. Box 2218
Waldorf, MD 20604-2218

Mr. John Young
CRYPTOME
251 West 89th Street
Suite 6E
New York, New York 10024

Dear Mr. Young

This is in response to your 29 March 2001 Freedom of Information Act (FOIA) request to the U.S. Department of Army (USAISC) for information pertaining to the China Intelligence Service, ZF400090W. Information originated by the Air Force Office of Special Investigations was found in that agency's files. Their letter, transmitting your request and the document in question, was sent to us on 18 January 2002 for a review and release determination. AFOSI FOIA # 298 was assigned to your request. We are sorry for the delay in your response, but we have been currently experiencing an unusually heavy workload, which has created a longer than normal backlog. We appreciate your patience.

HQ AFOSI/DOQ conducted a mandatory declassification review of the referred documents, in accordance with Executive Order (EO) 12958 as a result of this review; the referred information was declassified to unclassified information available for release. Portions of the information requested are exempt from disclosure to you. We have inserted notations in the attached documents to identify the portions deleted and the reasons therefore. The notations are explained as follows:

a. "b2" pertains to information relating to the internal personnel rules and practices of AFOSI or the Air Force. The authority for this exemption may be found in the United States Code, Title 5, Section 552(b)(2).

b. "b6" indicates the withholding of information contained in personnel, medical, and similar files or information that applies to a particular individual for which we have determined there exists a privacy interest that generally and categorically outweighs any public interest in disclosure that the Freedom of Information Act would authorize. As recognized in federal statute and case, the type of information that this generally requires to be withheld includes the names of government employees and law enforcement agents; personal data information such as Social Security Numbers, signatures, personal addresses (including email), and telephone numbers; medical and criminal history information; and most identifying information on persons forward deployed, overseas, or assigned to sensitive or routinely deployable units. The authority for this exemption may be found in United States Code, Title 5, and Section 552(b )(6) and in the federal court cases interpreting that statute.

c. "b7C" indicates that withholding of information contained in law enforcement records, the disclosure of which could reasonably be expected to constitute an unwarranted invasion of personal privacy. As recognized in federal statute and case law, the type of information that this generally requires to be withheld includes the names of subjects, witnesses, and "non-confidential" informants of law enforcement investigations; the personal data or identifying information of any third party that is detailed within a law enforcement investigation; and the names of law enforcement personnel unless it is determined that there is a public interest in the release of a particular law enforcement individual's name with respect to a particular law enforcement investigation is recognized. The authority for this exemption may be found in the United States Code Title 5, Section 552(b)(7)(C) and in the federal court cases interpreting that statute.

d. "b7D" pertains to information, which if revealed, could reasonably be expected to disclose the identity of a confidential source or information furnished by a confidential source in the course of a lawful national security intelligence investigation. The authority for this exemption may be found in the United States Code, Title 5, Section 552(b )(7)(D).

Should you decide that an appeal to this decision is necessary, you must write to the Secretary of the Air Force within 60 days from the date of this letter. Include in the appeal your reasons for reconsideration and attach a copy of this letter. Your letter and envelope should be clearly marked "Freedom of Information Act Appeal." Address your letter as follows:

Secretary of the Air Force
Thru: AFOSI/XILI
P.O. Box 2218
Waldorf, MD 20604-2218

Please contact me at (301) 870-1104 if you have any questions regarding your request. Thank you for your patience.

Sincerely

[Signed]

ANNE C. COSTA
Acting Chief, Information Release Branch

1 Attachment:
Cy of Referred Information -Less Exemptions

Cc: Department of the Army
       USAISC (FOIA# 756F-01 )
       Freedom of Information/Privacy Office
       Fort George G. Meade, MD 20755-5995