LETTER TO CIA FREEDOM OF INFORMATION COORDINATOR FROM JONATHAN A. BENNETT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91M00696R000600040015-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: September 8, 2004
• Sequence Number: 15
• Publication Date: March 13, 1976
• Content Type: LETTER

Approved For Release 2005/01
5-1L06-- tC-
If-arch 13, 1976 c `15-- u?!
. 3C
CIA Freedom of Information Coordinator
Central Intelligence Agency
Washington, DC 20505
Sir:
.I recently made an FOI request for certain CIA records which was
effectively denied at the initial stage and actually denied on
appeal to the CIA Information Review Committee. Copies of my
request and the Review Committee's denial are enclosed. I am
aware that my only remaining recourse under the FOIA is to file
suit for judicial relief.
In order to avoid unnecessary litigation over the documents in
question:, I would like to request a review of the same material
under the provisions of section 5(c) of E .O.11652. While I am
aware that such a review may come to the same conclusion as the
FOI review. which has already occurred, that result is not a fore-
gone conclusion. A section 5(C) review will give CIA an opportunity
to consider the classification of the requested records in light
of representations which I make belo,?r, and it may also eventually
lead to a review by the Interagency Classification Review Comnnittee4
Therefore, I hereby request that CIA undertake a classification
review, under the provisions of section 5(C) of E.0.11652, of
any finding aids to all National Intelligence Estimates prepared
before January 1, 1966. The term "finding aid" refers to any
records such as locaters, indices and folder-title lists, which
have been prepared in order to promote control over, and access
to, the entire body of National Intelligence Estimates. The scope
of this request includes, but is not limited to, a serial list of
NIE's, a subject index to NIE's, a geographical index to NIE's,
and a name index to NIE's.
For the purposes of the review hereby requested, -1 would like to
make the following observations. (1) Section 4(A) of E.O.11652
provides that "material containing references to classified mater--
ials, which references do not reveal classified information, shall
not be classified." (2) This provision of E.0.11652 is reflected,
for example, in the Department of Defense Information Security
Program Regulation's provision that "the subject or title of ate`
classified document should normally be unclassified for ready-,
reference. -then the information revealed by a subject or titer
warrants classification protection, an unclassified short tine
should be added for reference purposes" (32 C.F.R. 159.202-9y'
(3) While this regulation does not apply to CIA, it is not ur}reason--
able to suppose that CIA has a similar, but unpublished, re lation.
(4) Common sense dictates that the records hereby -requested. would
have to contain some separable unclassified information. Cr-A _
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000600040015-1
 Approved For Release 2005/07/28 : CIA-RDP91 ~VI00696R000600040015-1
n ex.--ariiple of unclassified inform-at-Jon in the requested records
w%;uld be wound in the requested serial list of iiIE's; that list
must' contain, inter alia, the, titles of the NIE's which were
published by the U.S. Government Printing Office in the officially
declassified Pentagon Papers. Of course, I am not suggesting
that CIA declassify those titles, since to do so would serve no
useful purpose. iiy intention is to indicate, by way of illust.ra--
tion, the kind of Information which is within the scope of this
request and is not in need of any classification. protection.
Furthermore, I find it extremely doubtful that any damage to the
national security would result from, the disclosure that CIA
prepared a rational intelligence .Estimate of the defense capa--
bilities of, say, Ruritania in 1965.
are class LIled.
I believe that the present position of CIA, as set forth in the
enclosed letter of February 10, 1976, is neither reasonable nor
consistent with the regulation under which the requested records
In the absence of any credible basis for the contention that the
release of the titles of decades-old M's would compromise the
national security, and in li8ht of the requirement that substantial
doubts as to security classification' be resolved in favor of the
lesser classification (NSC Directive of i>jay 17, 1972, Sec. 1(E)),
I trust that 1 will be informed. of the result of the review hereby
requested in accordance with the provisions of section 3(B) of the
INC. Directive of slay 17, 1-972. Thank you for your cooperation.,
6i n_cerely,
Approved For Release 2005/07/28 : CIA-RDP91 M00696R000600040015-1
 'rJ 6 Fort%tise 2005/07/28: CIA-R
FT. UN`CLASSIFIEDAppro
USE ONLY
SUBJECT: (Optionol)
EO 11652 Request for Finding Aids for. all
Pre-1966 NIEs
IPS/DDA 2 E 50
REQUEST \UUBER
IPS E 76-066
DATE SENT
18 March 1976
COMMENTS (Number each comment to show from whom
to whom. Drow o line across column often each comment.)
Jonathan Bennet, rather
than appeal his FOIA/IRC
denial to the courts on the
above subject (F 75-6769),
is resubmitting his request
under the aegis of the EO.
To insure that he re-
ceives due process, will
you therefore please process
the case as though it were
a new request, and let us have-
something in writing for the f
JAI
FORM 3749 E SECRET F-1 CONFIDENTIAL n !gel ^. L El ni cumcar-tcn
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