Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06201461
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 7
• Document Creation Date: July 11, 2023
• Document Release Date: February 17, 2022
• Case Number: F-2014-02028
• Publication Date: June 9, 2014

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FOIA Request ID: 3201
FOIA Request submitted by:
Mr. Jason Leopold
Submitted on: June 7, 2014 : 19:13 - America/New_York
Investigative Journalist
United States
Request:
(b)(6)
This is a request for records under the Freedom of Information Act ("FOIA"), 5 U.S.C. � 552 and the
Privacy Act, 5 U.S.C. � 552a. This request should be considered under both statutes to maximize the
release of records.
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RECORDS SOUGHT
I request disclosure of any and all training manuals and Standard Operating Procedures governing and
advising the CIA's use of social media platforms, such as Facebook, Twitter, Flickr and YouTube to
promote the agency, it's history and it's work. I request disclosure of any and all records about the
CIA's social media policy as it pertains to Twitter, Facebook, Flickr and YouTube. I request disclosure
of any and all records about the CIA's decision to start a Twitter account. I request disclosure of
records about who the CIA official is that manages the agency's Twitter account and the identity of
the individual who Tweets from that account as well as any and all records that refers to the contents
of the Tweets and discussions about what the Tweets should say. I request disclosure of records about
who the CIA official is that manages the CIA's Facebook account and the identity of the individual who
posts to the CIA's Facebook page as well as any and all records that refers to the contents of the
Tweets and discussions about what the Tweets should say. I request disclosure of any and all records
referring to the CIA's first Tweet on June 6, 2014 as well as any and all records in which CIA officials
discussed what the agency's first Tweet should say. I request disclosure of any and all records about
the Cleveland Institute of Art's Twitter account, which formerly was @CIA, and any and all records
between the CIA and Cleveland Institute of Art about Twitter and the Cleveland Institute of Art's
Facebook page. I request disclosure of any and all records between the CIA and officials with
Facebook, YouTube and Twitter about the CIA's use of those social media platforms and the CIA's
decision to set up official agency pages and accounts on those social media platforms. I request
disclosure of any and all talking points, in both draft and final versions, about the CIA's use of social
media and Twitter and Facebook specifically.
INSTRUCTIONS REGARDING SEARCH
1. Instructions Regarding "Leads":
As required by the relevant case law, the CIA should follow any leads it discovers during the conduct
of its searches and perform additional searches when said leads indicate that records may be located
in another system.
Failure to follow clear leads is a violation of FOIA.
2. Request for Public Records:
Please search for any records even if they are already publicly available.
3. Request for Electronic and Paper/Manual Searches:
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I request that searches of all electronic and paper/manual indices, filing systems, and locations for any
and all records relating or referring to the subject of my request be conducted. I further request that
the CIA conduct a search of its "soft files."
4. Request for Search of Filing Systems, Indices, and Locations:
I request that the CIA conduct a search of all of its directorates.
Specifically, I request that the search conducted by the CIA include, but not be limited to, the
following filing systems, indices, and locations: Training Records; Center for the Study of Intelligence
(CSI) Records; CIA Declassifications Center (CDC) External Liaison Records; Manuscript Review
Records; Security Operations Records; Information Release Records; Official Personnel Files;
Personnel Security Records; Polygraph Records; Office of the Director Action Center Records; Office of
General Counsel Records; Congressional Liaison Records; Public Affairs Records; Inspector General
Research Records; Inspector General Investigation and Interview Records; Office of the Deputy
Director of Central Intelligence (DDCI) for Community Management Records; Directorate of Science &
Technology (DS&T) Private Sector Contact Information; Alumni Communications Records; Directorate
of Operations Records; Academic and Business Contact Records; Customer Relations Records;
Research System Records; Intelligence Analysis Records; Guest Speaker Records; National Intelligence
Council (NIC) Records; Arms Control Records; CREST; employees' official files; CIA's daily diary of its
activity; and monthly progress reports.
Additionally, please search all of your indices, filing systems, and locations, including those I have not
specified by name and those of which I may not be aware.
S. Request regarding Photographs and other Visual Materials:
I request that any photographs or other visual materials responsive to my request be released to me
in their original or comparable forms, quality, and resolution. For example, if a photograph was taken
digitally, or if the CIA maintains a photograph digitally, I request disclosure of the original digital
image file, not a reduced resolution version of that image file nor a printout and scan of that image
file. Likewise, if a photograph was originally taken as a color photograph, I request disclosure of that
photograph as a color image, not a black and white image. Please contact me for any clarification on
this point.
6. Request for Duplicate Pages:
I request disclosure of any and all supposedly "duplicate" pages.
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Scholars analyze records not only for the information available on any given page, but also for the
relationships between that information and information on pages surrounding it. As such, though
certain pages may have been previously released to me, the existence of those pages within new
context renders them functionally new pages. As such, the only way to properly analyze released
information is to analyze that information within its proper context. Therefore, I request disclosure of
all "duplicate" pages.
7. Request for Search of Operational Files:
I request that in conducting its search, the CIA include "operational files," as that term is defined in 50
U.S.C. � 431(b).
8. Request to Search Emails:
Please search for emails relating to the subject matter of my request.
9. Request for Search of Records Transferred to Other Agencies:
I request that in conducting its search, the CIA disclose releasable records even if they are available
publicly through other sources outside the CIA, such as NARA.
10. Regarding Destroyed Records
If any records responsive or potentially responsive to my request have been destroyed, my request
include, but is not limited to, any and all records relating or referring to the destruction of those
records. This includes, but is not limited to, any and all records relating or referring to the events
leading to the destruction of those records.
INSTRUCTIONS REGARDING SCOPE AND BREADTH OF REQUESTS Please interpret the scope of this
request broadly. The CIA is instructed to interpret the scope of this request in the most liberal manner
possible short of an interpretation that would lead to a conclusion that the request does not
reasonably describe the records sought.
ADDITIONAL INSTRUCTIONS REGARDING REQUEST Please produce all records with administrative
markings and pagination included.
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Please send a memo (copy to me) to the appropriate units in your office to assure that no records
related to this request are destroyed. Please advise of any destruction of records and include the date
of and authority for such destruction.
FORMAT
I request that any releases stemming from this request be provided to me in digital format (soft-copy)
on a compact disk or other like media.
Fee Waiver:
FEE CATEGORY AND REQUEST FOR A FEE WAIVER I am willing to pay any reasonable expenses
associated with this request, however, as the purpose of the requested disclosure is in full conformity
with the statutory requirements for a waiver of fees, I formally request such a waiver. I request a
waiver of all costs pursuant to 5 U.S.C.
�552(a)(4)(A)(iii) ("Documents shall be furnished without any charge ...
if disclosure of the information is in the public interest because it is likely to contribute significantly to
public understanding of the operations or activities of the government and is not primarily in the
commercial interest of the requester."). Disclosure in this case meets the statutory criteria, and a fee
waiver would fulfill Congress's legislative intent in amending FOIA. See Judicial Watch, Inc. v. Rossotti,
326 F.3d 1309, 1312 (D.C. Cir. 2003) ("Congress amended FOIA to ensure that it be 'liberally construed
in favor of waivers for noncommercial requesters.").
Under 32 C.F.R. 1900.13(b), "Records will be furnished without charge or at a reduced rate whenever
the Agency determines ... (2) That it is in the public interest because it is likely to contribute
significantly to the public understanding of the operations or activities of the United States
Government and is not primarily in the commercial interest of the requester."
Should my request for a fee waiver be denied, I request that I be categorized as a member of the news
media for fee purposes pursuant to 32 C.F.R.
1900.02(h)(3). According to 5 U.S.C. � 552(a)(4)(A)(ii), which codified the ruling of Nat'l Security
Archive v. Dep't of Defense, 880 F.2d 1381 (D.C.
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Cir. 1989), the term "a representative of the news media" means any person or entity that gathers
information of potential interest to a segment of the public, uses its editorial skills to turn the raw
materials into a distinct work, and distributes that work to an audience. This is consistent with the
definition provided in 32 C.F.R. 1900.02(h)(3) As the legislative history of FOIA reveals, "It is critical
that the phrase 'representative of the news media' be broadly interpreted if the act is to work as
expected. ... In fact, any person or organization which regularly publishes or disseminates
information to the public ... should qualify for waivers as a 'representative of the news media." 132
Cong. Rec. 514298 (daily ed. Sept. 30, 1986) (emphasis in original quotation); and 2) "A request by a
reporter or other person affiliated with a newspaper, magazine, television or radio station, or other
entity that is in the business of publishing or otherwise disseminating information to the public
qualifies under this provision." 132 Cong. Rec. H9463 (Oct. 8,
1986) (emphasis in original quotation)). Therefore, in accordance with the Freedom of Information
Act and relevant case law, I, Jason Leopold, should be considered a representative of the news media.
The CIA's regulations list six factors which the agency must consider in assessing whether a requester
is entitled to a fee waiver: "(i) Whether the subject of the request concerns the operations or activities
of the United States Government; and, if so, (ii) Whether the disclosure of the requested documents is
likely to contribute to an understanding of United States Government operations or activities; and, if
so, (iii) Whether the disclosure of the requested documents will contribute to public understanding of
United States Government operations or activities; and, if so, (iv) Whether the disclosure of the
requested documents is likely to contribute significantly to public understanding of United States
Government operations and activities; and (v) Whether the requester has a commercial interest that
would be furthered by the requested disclosure; and, if so, (vi) Whether the disclosure is primarily in
the commercial interest of the requester." 32 C.F.R. 1900.13(b)(2). Because the disclosure of the
requested documents would contribute significantly to public understanding of United States
Government operations and activities and I do not have a commercial interest in the requested
disclosure, my request for a fee waiver must be granted.
I. DISCLOSURE OF THE REQUESTED RECORDS IS IN THE PUBLIC INTEREST BECAUSE IT
IS LIKELY TO CONTRIBUTE SIGNIFICANTLY TO THE PUBLIC UNDERSTANDING OF THE OPERATIONS AND
ACTIVITIES OF THE GOVERNMENT.
A. The subject of the requested records concerns the operations and activities of the CIA and broader
government. The subject of the requested records concerns identifiable operations and activities of
the CIA and broader government, specifically the CIA's controversial detention and interrogation
program.
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B. The disclosure is likely to contribute to an understanding of government operations and activities
because the disclosable portions of the requested records will be meaningfully informative about
those operations and activities. The vast majority of disclosable information is not already in the
public domain, in either a duplicative or a substantially identical form, and therefore the disclosure
�would add substantial new information to the public's understanding of the CIA's controversial
detention and interrogation program.
The overwhelming preponderance of records I need to conduct my study are in the possession of the
CIA and not in the public domain.
C. The disclosure of the requested records will contribute to the increased understanding of a broad
audience of persons interested in the subject, rather than merely my own individual understanding.
Further, I will be collaborating with professionals who have great expertise in the subject area, and I
have the ability and intention to effectively convey information to the public.
As explained herein in more detail, the audience likely to be interested in the subject is broad, and
includes, historians of modern American government, politics, culture, and national security;
journalists reporting on American politics, government, national security, and society; civil liberties
attorneys; and the general public.
i) I firmly intend to analyze the requested records in order to facilitate significant expansion of public
understanding of government operations. I am well qualified to perform this analysis.
I spent three and a half years as lead investigative reporter of Truthout.org, a nonprofit newsroom. I
am currently an investigative journalist under contract with Al Jazeera America and I contribute to The
Guardian and VICE News as well. As a regular contributor to Al Jazeera America, I cover Guantanamo,
national security, counterterrorism, civil liberties, human rights and open government. Additionally, I
am editor-at-large for The Public Record. My reporting has previously appeared in The Nation, The
Wall Street Journal, The Financial Times, Salon, CBS Marketwatch, The Los Angeles Times, and
numerous other domestic and international publications.
As should be clear from the above, I have the ability and firm intention to disseminate to the public
significant expansions of understanding of government operations based on my analysis of the
requested disclosures.
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