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Date: Thu, 2 Oct 2003 17:23:08 -0400
From: "" <sdunne@9-11 commission.gov>^P
To: "" <team5@9-11 commission.gov>9,"" <team1@9-11commission.gov><ff
Cc: "" <frontoffice@9-11commission.gov>^
Subject: Re: DoD Document Request #9/CITF - Procedures (FOUO)

Janice, Tom & Tom: You should now have the green light, since we have
agreement on the guidelines below. Please let me know once you go out there
(Friday afternoon?) as to how this is working. Thanks. Steve
Forwarded message from "" <sdunne@9-llcommission.gov>
Date: Thu, 2 Oct 2003 17:09:00 -0400
From: "" <sdunne@9-llcommission.gov>
Reply-To: "" <sdunne@9-llcommission.gov>
Subject: Re: DOD Document Request #9/CiTF - Procedures (FOUO)
To: "Downs, Pat, Ms, OSD-USDI" <Pat.Downs@osd.mil>
Pat:
Thanks for your email. The procedures you set forth are consistent with our
discussions, we will go forward on this basis and hope to start using the CITF
database in this manner as soon as possible. I will let you know if we have
any questions or concerns going forward. Thanks again for your help in setting
this up.
Steve
>Quoting "Downs, Pat, Ms, OSD-USDI" <Pat.Downs@osd.mil>:
> FOR OFFICIAL USE ONLY
>
> Steve,
>
> I would like to clarify the procedures for Commission staff
> access to the CITF database and its contents.
>
> During visits of the commission staff to the CITF, a CITF
> employee will sit at the database terminal and conduct data searches on
> behalf of commission staff. The data searches will be done in coordination
> with Commission staff member(s) present. Parameters of the data searches for
> Document Request # 9 will be limited to:
>
> a) The names of individuals submitted by the Commission as
> part of the original Document Request # 3 dated June 6, 2003;
>
> b) Names of individuals submitted by the Commission as part
> of the first, second, and third supplements to Document Request # 3 (dated
> June 11, July 31, and September 30, 2003, respectively);
>
> c) The names of individuals submitted by you to me via
> e-mail on September 30, 2003; and
>
> d) Topical search terms submitted in the same e-mail as in
> c) above.
>
> should the Commission wish to add additional names of
> individuals to the search parameters or significantly modify topical search
> terminology, the commission will need to submit a formal supplemental
> request to Document Request # 9.
>
>
> Commission staff will be able to view disseminated
> intelligence repprts on-line at the CITF database terminal. Hard copies of
> Doo-9riginated disseminated intelligence reports can be requested by
> Commission staff. Copies will be transferred by the CITF to the DOD OGC

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 :: INBOX: Re: DoD Document Request #9/CITF - Procedures (FOUO) Page 2 of 2

> document processing facility for delivery to the Commission. The commission
> will need to request hard copies of any disseminated intelligence reporting
> originating from other Departments/Agencies directly from those originating
> organizations.
>
> Commission staff will not be able to view non-disseminated
> or raw reporting on-line, but will be able to view, and will be provided,
> the document reference numbers/data so that they may request hard copies of
> those documents, either from the Department or from another
> Department/Agency depending upon the origins of the documents. Copies of
> DoD-originated non-disseminated or raw reports as well as any CITF
> system-generated products requested by Commission staff will be transferred
> by the CITF to the DOD OGC where they will undergo appropriate legal and
> security reviews to determine the level of access to be granted to the
> Commission.
>
> whenever possible, the Department will endeavor to expedite
> document reviews and deliveries to the Commission and access determinations.
>
> Please acknowledge that you understand these procedures.
> Pat
>
>
> Pat Downs
> OUSD(I)
> 3C-281 Pentagon
> 703-695-1860
>
>
> This may contain information exempt from mandatory disclosure under the
> Freedom of information Act (FOIA). Exemption(s) may apply.

End forwarded message

End forwarded message

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Date: Thu, 16 Oct 2003 18:51:14 -0400
From: "" <dmarcus@9-11commission.gov>4|
To: Janice Kephart-Roberts <jkephart-roberts@9-1 1 commission. gov>^
Cc: "" <frontoffice@9-11commission.gov>#, "" <team5@9-11commission.gov>^l, "" <team1 @9-
1 1 commission .gov> 9
Subject: Re: CITF "living" document request

Janice: I'm not clear from your e-mail whether the problem you describe in the
last paragraph has now been resolved. Also, if you think you can live with the
formal document request requirement for RTBS and ASPS that you want, OK, but if
you want we could press for something more informal like we have with the FBI'S
ACS system.
Quoting Janice Kephart-Roberts <jkephart-roberts@9-llcommission.gov>:
> Philip, Chris, Dan and Steve:

> I wanted to let you know that the issue that arose with the commission's
> "living" document request to the Criminal Investigative Task Force (CITF) at
> DOD has been resolved, for now. we can request the "reason to believe"
> (RTB) and ASP analytical products based on a recommendation from a CITF
> analyst with access to them who will look at each database response to our
> word search queries, but we will not be allowed to see them until the
> redaction process takes place. Hopefully that redaction will only include
> information that the Commission does not need to complete its work.

> we are required to submit the list of products as a DOD document request
> because DOD seeks to keep a consistent record of what the Commission
> requests. This approach will accommodate our needs, I believe. In the case
> of Team 5, our initial research requests were saved, and I've asked our
> technical assistant at the CITF (our POC is aware of this and agrees) to
> review those initial searches for RTBS and ASPS, and secure fax them to me.
> I will then submit a C9nsoli dated DOD document request via the front office
> combined with the initial DOD products which I was able to review
> previously.

> The issue was that upon attempting assisted word searches on issues
> pertaining to Team 5 last week, with our POC in the room, I was told I was
> unable to see or request any document containing "nondisseminated
> intelligence". The definition of "nondisseminated" as understood by those
> in the room from DOD was any document from another agency which had not been
> disseminated to any other entity outside of normal agreements of
> distribution. The effect of that definition was to eliminate our access to
> what I've been told are the most useful documents to us: analytical
> products and recommendation products on individual detainees that are a
> condensation and analysis of detainee information.

> I hope this helps. Let me know if there are any questions.

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Date: Thu, 16 Oct 2003 16:42:58 -0400
From: Janice Kephart-Roberts <jkephart-roberts@9-11commission.gov>^
To: "" <frontoffice@9-11 commission.gov>4P
Cc: "" <team5@9-11commission.gov>^',"" <team1 @9-11commission.gov>4P
Subject: CITF "living" document request

^H 2 unnamed text/html 4.43 KB |f|

Philip, Chris, Dan and Steve:

I wanted to let you know that the issue that arose with the Commission's "living" document request to the
Criminal Investigative Task Force (CITF) at DOD has been resolved, for now. We can request the "reason to
believe" (RTB) and ASP analytical products based on a recommendation from a CITF analyst with access to
them who will look at each database response to our word search queries, but we will not be allowed to see
them until the redaction process takes place. Hopefully that redaction will only include information that the
Commission does not need to complete its work.

We are required to submit the list of products as a DOD document request because DOD seeks to keep a
consistent record of what the Commission requests. This approach will accommodate our needs, I believe. In
the case of Team 5, our initial research requests were saved, and I've asked our technical assistant at the CITF
(our POC is aware of this and agrees) to review those initial searches for RTBs and ASPs, and secure fax them
to me. I will then submit a consolidated DOD document request via the front office combined with the initial
DOD products which I was able to review previously.

The issue was that upon attempting assisted word searches on issues pertaining to Team 5 last week, with our
POC in the room, I was told I was unable to see or request any document containing "nondisseminated
intelligence". The definition of "nondisseminated" as understood by those in the room from DOD was any
document from another agency which had not been disseminated to any other entity outside of normal
agreements of distribution. The effect of that definition was to eliminate our access to what I've been told are
the most useful documents to us: analytical products and recommendation products on individual detainees
that are a condensation and analysis of detainee information.

I hope this helps. Let me know if there are any questions.

Janice

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