F-2015-01753 APPEAL

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06408546
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 11
• Document Creation Date: July 11, 2023
• Document Release Date: November 21, 2022
• Case Number: F-2015-00885
• Publication Date: June 28, 2015

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From: Yasha Levine (b)(6)
1 of 2 June 28, 2015
Michael Lavergne
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
Re: FOIA Request F-2015-01753
Dear Mr. Lavergne,
Please consider this a formal appeal under the Freedom of Information Act to your
June 16 2015 denial of my request for the following records:
1. ...a copy of all correspondence (emails, letters, related documents and
attachments) relating to Keyhole Inc. This part of the request should include
all correspondence between the CIA and representatives of Keyhole Inc
(e.g. John Hanke). Date range: from 1/1/2000 through 12/31/2006.
2. ... copy of all correspondence (emails, letters, related documents and
attachments) referring to or discussing Googlc's purchase of Keyhole Inc.
This part of the request should include all correspondence between the CIA
and representatives of Google regarding Keyhole, including Keyhole
software and services. Date range: 1/1/2003 through 12/31/2014.
The denial letter claims that information responsive to my request is exempt from
disclosure under FOIA exemptions (b)(1) and (b)(3). But the letter did not explain
why (b)(1) and b(3) were relevant to the decision to withhold the requested
information, and I see no reason why these exemptions arc applicable to my
request.
The CIA had in the past announced In-Q-Tel's investment in Keyhole Inc and has
publicly discussed the agency's close involvement with its new. investment "to
tailor Keyhole's systems" for use by the Intelligence Community. The CIA has
likewise publicly discussed Google's purchase of Keyhole and the impact that this
"CIA-assisted technology" has had on Google's product line. It is also public
knowledge that Google has continued to provide the same services to the
Intelligence Community after acquiring Keyhole. So the existence of CIA's
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From: Yasha Levine
(b)(6)
2 of 2 June 28, 2015
relationship with Google/Keyhole is well known and is not a secret. (See attached
news articles.)
To reiterate: I believe that the information which I have requested is clearly
releasable under FOIA and that the blanket denial of my request is not justified by
any of the Act's exemptions. In particular, it is my opinion that MIA exemptions
(b)(1) and (b)(3) that you cite for justification may not be so broadly invoked as to
justify the withholding of the entirety of information contained in my request. Even
if some portions of the requested documents do fall under these exemptions, they
need to be assessed on a case by case basis. These documents represent a vital
public interest and need to be released � either in full or in part.
I trust that upon re-consideration, you will reverse the decision denying me access
to this material and grant my original request. I4owever, if you deny this appeal, I
intend to pursue further avenues to compel disclosure.
As I have made this request in the capacity of a journalist, and this information is
of timely value, I would appreciate your expediting the consideration of my appeal
in every way possible. In any case, I will expect to receive your decision within 20
business days, as required by the statute.
Thank y
Mr. Yas
(b)(6)
(b)(6)
PS: Copies of my initial request and your denial are enclosed.
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From: Yasha Levine
(b)(6
Information and Privacy Coordinator
Central Intelligence Agency
�Nashingto�, D.C. 20505
Re: Freedom of Information Act Request
Dear FOlA Officer:
This is a request under the Freedom of information Act.
This is a multipart request.
Wednesday, May 27, 2015
REFERENCE DOCUMENT #1
1) F request a copy of all correspondence (emails, letters, related documents and
attachments) relating to Keyhole Inc. This part of the request should include all
correspondence between the CIA and representatives of Keyhole Inc (e.g. John
Hanke). Date range: from 1/1/2000 through 12131/2006.
2) [ request a copy of all correspondence (mails, letters, related documents and
attachments) referring to or discussing Google's purchase. of Keyhole Inc. This part
of the request should include all correspondence between the CIA and representatives
of Goo& regarding Keyhole, including Keyhole software and services. Date range:
1/1/2003 through 12/31/2014.
In order to help to determine my status to assess fees, you should know that I am a
representative of the news media seeking iniormation as part of a news gathering.elTort
and not for commercial use. I represent print and online news publication Pando Daily
(hap :fipando.c orri).
[request a waiver of all fees for this request. Disclosure of the requested information to
me 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. my
commercial interest. 1n particular: This request -will help the public understand the
relationship between the Central Intelligence Agency and Googlc's mapping service.
If you have any Questions about handling this request, you may telephone me a
Thank you for your help.
(b)(
(b)(6
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From: Yasha Levine
(b)(6)
Wednesday, May 27, 2015
(b)(6)
(b)(6)
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From: Yasha Levine (b)(6)
Cuntrul kiteDiviner: Agency
20%5
Mr. Yasha Levine
Reference: F-2015-01753
Dear Mr. Levine:
REFERENCE DOCUMENT #2
16 June 2015
This is a final response to your 27 May 2015 Freedom of Information Act (FOIA) request,
received in the office of the Information and Privacy Coordinator on 27 May 2015, for the
Following records:
1. [You] request a copy of all correspondence (emails, letters, related documents and
attachments) related to Keyhole Inc. This part of the request should include all
correspondence between the CIA and representatives of Keyhole Inc., date range
from 1/1/2000 through 12/31/2006.
2. [You] request copy of all correspondence (emails, letters, related docurnents and
attachments) referring to or discussing Google's purchase of Keyhole Inc. This
part or the request should Include all correspondence between the CIA and
representatives of Google regarding Keyhole, including Keyhole software and
services. Date range 1/1/2003 through 12/31/2014.
We have assigned your request the reference number above. Please use this number when
corresponding so that we can identify it easily.
In accordance with section 3.6(a) of Executive Order 13526, the CIA can neither confirm
nor deny the existence or nonexistence of records responsive to your request. The fact of the
existence or nonexistence of requested records is currently and properly classified and is
intelligence sources and methods information that is protected from disclosure by section 6 of the
CIA Act of 1949, as amended, and section 102A(i)(1) of the National Security Act of 1947, as
amended, Therefore, your request is denied pursuant to EOM exemptions (b)(1) and (b)(3). I have
enclosed an explanation of these exemptions for your reference and retention. As the CIA
Information and Privacy Coordinator, I am the CIA official responsible for this determination.
You have the right to appeal this response to the Agency Release Panel, in my care, within 45 days
from the date of this letter. Please. include the basis of your appeal.
Sincerely,
Michael Lavergne
Information and Privacy Coordinator
Enclosure
(b)(6)
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From: Yasha Levine
(b)(6)
Explanation of Exemptions
Freedom of Information Act:
(b)(1) exempts from disclosure information currently and properly classified, pursuant to an
Executive Order;
(b)(2) exempts from disclosure information which pertains solely to the internal personnel rules
and practices of the Agency;
(b)(3) exempts from disclosure information that another federal statute protects, provided that the
� other federal statute either requires that the matters be withheld, or establishes particular
criteria for withholding or refers to particular types of matters to be withheld. The (b)(3)
statutes upon which the CIA relies include, but are not limited to, the CIA Act of 1949;
(b)(4) exempts from disclosure trade secrets and commercial or financial information that is
obtained from a person and that is privileged or confidential;
(b)(5) exempts from disclosure inter-and intra-agency memoranda or letters that would not be
available by law to a party other than an agency in litigation with the agency;
(b)(6) exempts from disclosure information from personnel and medical files and similar files the
disclosure of which would constitute a clearly unwarranted invasion of privacy;
(b)(7) exempts from disclosure information compiled for law enforcement purposes to the extent
that the production of the information (A) could reasonably be expected to interfere with
enforcement proceedings; (B) would deprive a person of a right to a fair trial or an
impartial adjudication; (C) could reasonably be expected to constitute an unwarranted
invasion of personal privacy; (D) could reasonably be expected to disclose the identity of a
confidential source or, in the case of information compiled by a criminal law enforcement
authority in the course of a criminal investigation or by an agency conducting a lawful
national security intelligence investigation, information furnished by a confidential source;
(E) would disclose techniques and procedures for law enforcement investigations or
prosecutions if such disclosure could reasonably be expected to risk circumvention of the
law; or (F) could reasonably be expected to endanger any individual's life or physical
safety;
(b)(8) exempts from disclosure information contained in reports or related to examination,
operating, or condition reports prepared by, or on behalf of, or for use of an agency
responsible for regulating or supervising financial institutions; and
(b)(9) exempts from disclosure geological and geophysical information and data, including maps,
concerning wells.
April 2012
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c1 on Technology � cenirm Intelligence Agency
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From: Yasha Levine
8/27115, 10:38 AM
(b)(6)
CENTRAL
INTELLIGENCE
AGENCY
out CIA
N (/about-cia)
;IA (/about-cia/todays-cia)
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n Mission Ethos & ChallengasSabout-cia/cia-vision-mission-values)
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the Collection (/about-cia/cia-museurnlexperience-the-collection)
f the CIA ((about-cia/history-of-the-cia)
Dout-cialfaqa)
Act (/about-cia/no-fear-act)
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1's Impact on Technology
REFERENCE DOCUMENT #3
my job you can imagine is available at the CIA. In addition to the more well-known jobs of analyst or core collector, the Agency
3dical professionals, IT specialists, graphic artists, and other skilled personnel--even sometimes hair stylists, carpenters, and
sses--to accomplish its mission of protecting the national security of the United States. Because of the need to work in
it of an independent environment, the CIA must sometimes develop technologies to meet the unique requirements of its
Vith this in mind, you might not be surprised to learn that, after a declassification process, publicly released technologies
d by CIA have gone on to impact the world in positive ways.
IA's best examples of such technology may hit closer to home than you'd think�the lithium-ion battery. Developed in the
CIA to solve the problems of varying reliability and short lifespan of batteries, the lithium-ion battery improved the performance
lance equipment and prolonged the operation of reconnaissance satellites. In the modern sense, the benefits of this
ed technology can be felt all the way from professional arenas such as, the medical community's use of it in pacemakers, to
al arenas like powering your cell phone or digital camera.
Ical community often benefits from research and development performed by the CIA and other Intelligence Community
ions. For example, to assist radiologists in detecting breast cancer, CIA provided technology originally developed for the
1 satellite imagery. Specifically, the technique involved aligning and comparing digital x-ray images taken over time to Identify
ges. These results were particularly helpful in diagnosing breast cancer in women under 50, where diagnosis is particularly
he use of these methods is believed to have considerably reduced the number of deaths from breast cancer.
loped the ldenti-Kit to assist in sketching the face of a person of interest based upon witness recollections. The kit breaks a
rnage into component parts�hair, brows, eyes, nose, lips, chin-line with ears, and age lines, plus beard, hat, and glasses, if
ntains several dozen transparent slides picturing each of these components with different types of contours, 500 slides in all.
lotches on the side for different placements of each feature. From the kit's catalog of slides, a witness selects those that best
le subject person's facial characteristics. The resulting image is not a finished portrait but a reasonably good line-drawing of
3 physical contours. A key benefit of the kit is the ease with which it permits a sketch to be sent quickly via telephone using
codes that enable reconstruction of the sketch with another kit The kit also provides a standardized set of facial descriptors
be used in identifying a wide spectrum of individuals. After intelligence officers thoroughly proved ldenti-Kit's utility in many
perations over recent years, CIA released it to police forces for use in apprehending criminals.
ditional way that CIA has helped make a significant impact on the world is through one of its former employees, Robert Barron,
y certified clinical anaplastologist, honed much of his natural artistic talents during his work as a CIA disguise specialist.
Aired from CIA in 1993, Barron now works with medically disfigured patients to improve their confidence and restore their
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at on Technology � Central Intelligence Agency
From: Yasha Levine
6/27/15, 10:38 AM
(b)(6)
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: Jul 23, 2012 09:08 AM
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identity by designing prosthetics tailored specifically for each patient. Barron credits his time at the CIA as the foundation for
id career, stating, "my work with disguises is what led me to where I am now." He further explained that each operational
3iece he created at CIA was "unique and demanded creativity," much like the prosthetics he currently designs. If you are
in reading more about Barron, click here to access a previously featured article about him.
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News & Press
From: Yasha Levine
8/27/15,10:38 AM
(b)(6)
KIP.Te
Raleases
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SterieS
2tIltt Policy
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REFERENCE DOCUMENT #4
In-Q-Tel Announces Strategic
Investment in Keyhole
N/VIA uses technology to support the conflict in
Iraq
June 25, 2003
Arlington, VA and Mountain View, CA
In-Q-Tel, a private nonprofit venture funded by the
Central Intelligence Agency, today announced a
strategic investment in Keyhole corp., a pioneer of
Interactive 3D earth visualization. The investment,.
made in February 2003, was In-Q-Tel's first
engagement with a company on behalf of the National
Imagery and Mapping Agency (NIMA).
Immediately demonstrating the valee of Keyhole's
technology to the national security community, NIMA
used the technology to support United States troops
in Iraq., "Within two weeks of In-Q-Tel's engagement
with Keyhole, we implemented the technology to
support our mission within the Pentagon," sa'd Rob
Zit, Director of NIMA's Inn�Vision directorate.
"Introducing technologies like Keyhole is part of'
NIMA's effort to transform the intelligence business,
and the way we serve our customers."
Keyhole's EarthViewer 3D eFent application uses
videogame-like 3D graphics and access to massive
databases of network-hosted earth information,
including satellite imagery and aerial photography, to
produce an interactive digital mode; of the earth.
Keyhole's EarthSystern"" combines a tradition of 3D
graphics technology for flight simulators with
innovative network-streaming technology to deliver
enterprise software solutions for large business and
government Customers, as well as an Application
Service Provider solution for professional and
consumer users. The result is a virtual flyover
experience�so compelling that multiple TV media
networks recently used EarthViewer 3D to 'fly over
Iraqi cities and landscapes in news broadcasts using
publicly avafiable satellite Images. In addition to
media customers, Keyhole solutions serve a broad
range of markets including real estate, transportation,
insurance, consumer and government.
"In-Q-Tel invested in Keyhole because It offers
government and commercial users a new capability to
radically enhance critical decision making. Through its
ability to stream very large geospatlal datasets over
the Internet and private networks, Keyhole has
created an entirely new way to interact with earth
imagery and feature data," said Gilman Louie, CEO of
In-Q-Tel. "With Keyhole's technology, individuals can
see and manipulate their world in 3D, meeting their
business and operational challenges in powerful
geographic context.'
archive .o rg/webt200504071 81747/hilp://www.in-q-teLcominewsiretea3est06_25_03.htmt
at--.00.4ut 641
Ttitt4Vi art- tlRE
Media ReS.oarces
Corporate Information
4-,E04L:51Z
i'lpvestment Pactfolio
Team Biographies
Please contact our outreach
team if you require more
Information.
NOTE To To vicw the above
documents you will need the
Acrobat Reader, available free
here.
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News & Press
- -
From: Yasha Levi
6/27115, 10:36 AM
(b)(6)
"Keyhole's strategic relationship with In-Q-Tel means
that the Intelligence Community can now benefit from
the massive scalability and high performance of the
Keyhole enterprise solution," said John Henke, CEO of
Keyhole. "By capitalizing on trends in commercial
markets, In-Q-Tel is supporting an ever-higher
standard of advanced technology adoption in
government. Keyhole is pleased to help set that
standard for large-scale 313 geospatial visualization."
NIMA's success with Keyhole highlights the significant
overlap between technology needs across the
agencies of the Intelligence Community. "By investing
in Keyhole, In-Q-Tel is helping CIA and NIMA leverage
limited resources and gain access to a technutogy.of
high potential value to both organizations," said Louie.
Working through CIA, NIMA became a limited partner
with In-Q-Tel in the summer of 2002. In addition to
an equity investment, In-Q-Tel is partnering with
Keyhole to further enhance Keyhole EarthSytern's
compatibility with a variety of government datasets
through adoption of advanced GIS data standards.
About ln-Q-Tel
In-Q-Tel is a private, independent, enterprise funded
by the CIA. Launched in 1999, In-Q-Tel's mission Is to
identify and invest in companies developing cutting-
edge information technologies that serve United
States national security interests. Working from an
evolving strategic blueprint that defines the CIA's
critical information technology needs, In-Q-Tel
engages with entrepreneurs, established companies,
researchers and venture capitalists to deliver
technologies that pay out In superior Intelligence
capabilities for the CIA and the larger Intelligence
Community.
About Keyhole Corporation
Based in Mountain View, CA, Keyhole, Inc., is the
pioneer of interactive 30 earth visualization and
creator of the groundbreaking rich-mapping
EarthViewer 3D system that transforms the way users
Interact with geographic information and earth
imagery. Keyhole's EarthViewer 3D accelerates and .
enhances decisions for business and government by
enabling tast, fluid interaction with massive ne.twork-
resident databases of earth imagery and geospatial
information. Users can 'fly' from space to street level
seamlessly while interactively exploring layers of
information including roads, schools, businesses, and
demographics. Further information about Keyhole is
available at http://www.e.arthviewencem.
About NIMA
NIMA (tittP :I.L.VANW,rtirria.Mil) is a member of the
National Intelligence Community and a DoD Combat
Support Agency. NIMA's mission is to provide timely,
relevant and accurate Geospatiai Intelligence in
support of national security. Geospatial Intelligence Is
the analysts and visual representat'on of security-
related activities on the Earth. Headquartered in
Bethesda, Md., NIMA operates major facilities in the
northern Virginia, Washington, D.C., and St. Louis,
Mo. areas. NIMA Support Teams serve customers
around the nalion and the world.
lorne, I Technologies I investments I Our Team I About Us I News & Press I" Submit a Business Plan I Outreach
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om: Yasha Levine
(b)(6
FAX COVER SHEET
TO Information and Privacy Coordinator
COMPANY Central Intelligence Agency
FAX NUMBER 17036133007
FROM Yasha Levine
DATE 2015-06-28 18:48:42 GMT
RE
Michael Lavergne
Re: Freedom of Information Act Request (F-2015-01753) � C/O
COVER MESSAGE
This fax contains a formal appeal to your June 16 2015 reply. Please direct it to Michael
Lavergne,InformatIonandPrivacyCoordinator.
If you have any questions don't hesitate to contact me at
Thank you,
Yasha Levine
Reporter, Pando.com
WWW.EFAX.COM
(b)(
(b)(6
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