9 July 2001
Source: Hardcopy from United States Army Intelligence and Security Command in response to FOIA request. Received July 9, 2001.
See related FOIA request: http://cryptome.org/inscom-foia.htm and other files:
DEPARTMENT OF THE ARMY
UNITED STATES ARMY INTELLIGENCE AND SECURITY COMMAND
FREEDOM OF INFORMATION/PRIVACY OFFICE
FORT GEORGE G. MEADE, MARYLAND 20755-5995
July 3, 2001
Freedom of Information/
Mr. John Young
251 West 89th Street
New York, New York 10024
Dear Mr. Young:
a. Your Freedom of Information Act (FOIA) request of March 29, 2001, for records concerning various dossiers. Your request was received in this office on April 18, 2001.
b. Our letter of April 20, 2001, informing you that additional time was needed to review the records and we were unable to comply to the 20-day statutory time limit in processing your request.
We have conducted checks of the automated Defense Clearance and Investigations Index and a search of the Investigative Records Repository to determine the existence of Army intelligence investigative records responsive to your request.
We have located the enclosed records pertaining to Czechoslovakia Intelligence Net # 1, ZF010442W. We have completed a mandatory declassification review in accordance with Executive Order (EO) 12958. As a result of our review, information has been sanitized as it is currently and properly classified CONFIDENTIAL according to Sections 1.3(a)(3), 3.4(b)(1) and 3.4(b)(6) of EO 12958. This information is exempt from the public disclosure provisions of the FOIA pursuant to Title 5 U.S. Code 552(b)(1). Fees for processing this request are waived. A brief explanation of the applicable sections follows:
Section 1.3(a)(3 of EO 12958 provides that information shall be classified CONFIDENTIAL if its unauthorized disclosure reasonably could be expected to cause damage to the national security.
Section 3.4(b)(1) of EO 12958 provides that classified information more than 25 years old is exempt from automatic declassification if it would reveal the identity of a confidential human source, or reveal information about the application of an intelligence source or method, or reveal the identity of a human intelligence source when the unauthorized disclosure of that source would clearly and demonstrably damage the national security interests of the United States.
Section 3.4(b)(6) of EO 12958 provides that classified information more than 25 years old is exempt from automatic declassification if it would reveal information that would seriously and demonstrably impair relations between the United States and a foreign government, or seriously and demonstrably undermine ongoing diplomatic activities of the United States.
Since the release of some of the information deleted from these records would result in an unwarranted invasion of the privacy rights of the individuals concerned, this information is exempt from the public disclosure provisions of the FOIA per Title 5 U.S. Code 552 (b)(7)(C).
In addition, information has been sanitized from the records and two pages have been denied in their entirely as the release of the information would reveal the identity of confidential sources. This information is exempt from public disclosure pursuant to Title 5 U.S. Code 552 (b)(7)(D) of the FOIA. The significant and legitimate governmental purpose to be served by withholding is that. a viable and effective intelligence investigative capability is dependent upon protection of confidential sources. It is not possible to reasonably segregate meaningful portions of the withheld pages for release.
The withholding of information by this office is a partial denial of your request. This denial is made on behalf of Brigadier General Keith B. Alexander, the Commanding General, U.S. Army Intelligence and Security Command, who is the Initial Denial Authority for Army intelligence investigative and security records under the FOIA. You may appeal this decision to the Secretary of the Army. If you wish to file an appeal, you should forward it to this office. Your appeal must be postmarked no later than 60 calendar days from the date of this letter. After the 60 day period, the case may be considered closed; however, such closure does not preclude you filing litigation ia the courts.
We are coordihating with another government agency concerning the releasability of their information contained in the records. We will inform you as to the releasability of the information upon completion of our coordination.
During the processing of your request, information was disclosed which is under the purview of another government agency. This office has no authority to release these records and they are being referred, along with your request, for appropriate action under the FOIA, and direct reply to you.
We are continuing to review records regarding other titles you have requested and will respond to you by separate correspondence when our review is complete.
If you have any questions concerning this action, feel free to contact Mrs. Reilly at (301) 677-4742. Please refer to case #782F-01.
Russell A. Nichols
Chief, Freedom of Information/Privacy Office
The enclosure consists of a 72-page dossier of agent reports on the Czechoslovakia Intelligence Service dated 1947-48, entitled:
Czech Intelligence Services ZF 40 00 28,
Czech Intelligence Services Personalities/Sources ZF 40 02 04
The material was formerly classifed Confidential and Secret with one Top Secret document, and is stamped Unclassified on 7 April 1999. Six of the 72 pages have been withheld. There is a some redaction of text but much less than in other INSCOM dossiers received.
The INSCOM letter above and the dossier are available in 72 TIFF images in a Zipped file: