REPORT OF INVESTIGATION AGENCY ACCESS TO THE SSCI SHARED DRIVE ON RDINET
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
16359103
Release Decision:
RIPPUB
Original Classification:
U
Document Page Count:
57
Document Creation Date:
March 28, 2024
Document Release Date:
February 27, 2024
Sequence Number:
Case Number:
F-2015-00558
Publication Date:
July 18, 2014
File:
Attachment | Size |
---|---|
REPORT OF INVESTIGATION A[16359103].pdf | 5.3 MB |
Body:
Approved for Release: 2024/02/27 C06274838
U) REPORT OF INVEST
(U//F-0t10) Agency Access to the SSCI,Shared Drive
on RDINet
NTRAL TELUGENCE AGENCY
c Inspectx General
Asitstartpck
Genera; r-,1.�
ACt, 5
02rdi
(b)(
(b)(
(b)(
3)
6)
7)(c)
(b)(3)
Approved for Release: 2024/02/27 C06274838
Approved for Release: 2024/02/27 C06274838
SECRETHNOFORN
(U) This page has been intentionally left blank.
SECRET//NOFORN
Approved for Release: 2024/02/27 C06274838
Approved for Release: 2024/02/27 C06274838
,SECRET//14CiFOIN
(U) Executive Summary
..(U) On jp January2014,,Idie':CIA Office of Inspeetor.f.G,enerali(OIG) opened an
into allegations that Agency personnel improperly accessed SenateiSelect,qpirimittee-on
:Intelligence (SSCI) staff files and records the CIA-operated=and,maintained-,kenditiiM,
'betention,,andlateriogation network (RDINet) ,sOn 30 ;January 2014; in accordance with Title
. 50 U.S.C, � 3517(b)(5), 010 reported matter to theDePArtmentc&Jirstice;copAfor potential
violations of Titles 18 U,S.C.'� 211 (Wiretap Act) and 18 U.S.C.44030 (Computer Fraud and
AbuseAct)!,. The investigation was predicated on infortnatin'ObtainedA&partOti010 review
into allegations made SSCI Chairman Dianne Feinstein to Director:Of the Central, Intelligence
Agency (D/CIA) John Brennan that CIA personnel had `,`Conducted one more searches of
,computernetwork-at Arioffsite facility that the CIA had Assigned exclusively to the staff of the
[SSCI.J'f" The 010 investigation was limited jnscopeto review the conduct of Agency officials,
and,did*t examine the conduct of SSCI staff members:,
(U) The DIG investigation determined the following:,,
1. (U) Five Agencremployees, two attorneys and three information technology (IT) staff -:
members, improperly accessed SSCI Majority staff shared,drives,on the RDINet.
The three IT staff members who accessed the 'SSCI Majority iliated drive
displayed a lack of candorabout their activitieS when intervieWed by the DIG.
(U) The Agency filed a crimes report :with the D0.1, reporting that SSCI staff members
� �
may have improperly accessed Agency information on theliDINet The C),IG'
Investigation determined that the factual basis for this was unfounded and e
author of the letter had been provided inaccurateinformation'onwhiehlheletter was
(b)(3)
based.
(U) Subsequent to directive by the D/CIA to halt the Agency-review-OfSSCI staff:
access to the RDINet the Director of Security (D/OS) conducted a limited and
c plete investigation of SSCI activities on the RDINet that included (b)(3)
netwotIc.:
and &review of some of the emails of SSCI MajorityAtaff members on `that
(U) RDINet was built at an Agency facility in June 2009 to support a SSCI review` of
Agency's rendition, detention, and interrogation activities. RDINet was created to,allow,Agency
stafflo'review documents for prodtictinn to the SSCI, and to provide appropriate documents to
the SSCI staff. Separate electronic shared drives were created on RDINet for�thetiseoftlie SSCI
Majority and Minority staffs And for the Agency personnel supporting-the review and redaction
1 (U) On 36 April 2014; the DOJ advised theCIAinspector General that DOJ hadeornpleted its review, of the
allegations and hadno prosecutorial interest.
...0.1q:.!eate:110;:01.4.41.7.1131G
SECRETIIN0FoRN
Approved for Release: 2024/02/27 C06274838
(b)(3)
Approved for Release: 2024/02/27 C06274838,
�
SECRETHNOFORN
of documents provided to the SSCI review teams. Following review of relevant documents
the RDI team, responsive documents were then made available to SSCI staff members on their
respedtiVeshared drives:
'(U) As part of the Agency's efforts to review and provide documents to the SSCI, then D/C
-
Leon Panetta requested summaries,of the documents being provided to SSCI.' These
sunimary/analyticaldOcuments were considered and marked as internal and privileged by the
Agency:: The Agency holds that the documents Were outside the scope of diedata-which
Agency agreed to provide for the SSCI revjew. The creation of such summaries was hal
early 2010 when the DOI began an inquiry (lect by Assistant United Slates Attorney John
Durham) intoRDI-matters.
(U)- While there Was no signedniernoranduMofunderstandinghetween;the Agency'arid
regarding access to the RDINet;eorrespOndence between then D/CIAPane,ttaand Chairman
Feinstein established a common understanding between the parties that theSSCI shared drives
would be a walled-off area only be accessible to CIA IT adriiinistratorsfor the Sole,
purpose ofIT'network adininistration. In addition to the common understanding,' the SSCI
were Providecta warning at each login that their "use of this systern:MaYberno0irtore.and you
have no expectation of privacy."
(U) Improper Agency Access to SSCI files on RDT1Net
(U) On or before 9 January 2014, personnel from the Agency's ,RDI team theorized that 'SSC
staffers had improperly obtained'eopiei of the privileged intelligence summaries created by
�
Agency, and that these documents were stored on the SSCI Majority staff Shared drive 0
,
9 January; members of the RDI torn used the IT'systern administrator access to the SSCI
Majority shared,driVeto prove this theory4'. The Office of General Counsel (OGC) attorney
unilaterally concluded that he had'theiegal authority to task
privileged documents A second . nflr'�,,,,�..�at.torney, reporting him, tasked three members'Of
members of his Steno access the SSCI shared drive and conduct asearchfot copies of the e
RDI iT teHi'iri to use their administrative rights to access and,ivainew. documents on the SSCI
Majority' shared drive on threeseparate occasions between 9, 0 12 January,2014
�
(U) As 'a result of theitreview, the two OGC attorneys concluded that copies of
the intelligence summaries were present on the SSCI Majority shared drive;argi,that the Agency,
had not provided those documents to the SSCI staff as part of regular provisioning of
documentation. The attorneys therefore believed the SSCI staff had improperly access
portions' of the RDINet that were restricted to Agency staff, and thmugh*s access moved the
intelligence summaries onto the SSCI Majority staff shared drive.
(U), On 9 January, following their taskingto the IT team, the OGC attorneys also tisked,the
Agency's internal IT Monitoring component with obtaining farther information On the activities
Old Case No.' 2014711718-1G
�SEPREIWN0F0FiN
(b)(3)
Approved for Release: 2024/02/27 C06274838
Approved for Release: 2024/02/27 C06274838
;SECFIETHNOFORN
of SSCI staffers on RDINet, using data previously collected by the Agency on the system. Bo
'attorneys informed the monitoring team that the tasking was directedhythe D/CIA, however, the
'0IG-Investigation'showed no evidence that the D/CIA ordered thelisking,,or=was even aware of
the tasking at,thelime it was made. Based upon this tasking, the monitoring team staff
performedia limited review of SSCI staff activity, using the previously collected data
(U) Office of Security Review of SSCI Staff Activity
(U) On 14 -1,annarY1914;,the D/CIA became aware that the monitoring team,had been'engag
to review,the'questioned,activities of the SSCI staff on RDINet and immediately , .,� �
stiniddown on any and all investigative activities. The D/CIA briefed SSCI Chairman Feinstein
on .6 January- that based upon information provided to hirribyther�latiorneys,56. staff ,
members had improperly accessed Agency documents. The 'D/CIA recommended i8),the'SS
'Chairman and Vice Chairman ,a Joint forensic review of the activities of SSCI'stafferSand ,
Agency personnel on the'SSCI:Thared drive. The .D/OS was then asked by the Office of the
D/CIA to prepare to conduct a.,joint forensic review, with.SSCI. Prior tothe,coMmeneement of
this joint review, the SSCI Security Officer informed I)/OS that, per ChairmaWteinStein, the
SSCI was onsOncidown for any joint review. -Despite this notice that SSCI was htilonger
� interested in ajoint review,'D/OS requested concurrence from theD/CIA's offiae,Wprne
with a unilateral review of Agency and SSCI activity on the SSCI,shared'diiie,-Witliputi waiting ,
for concurrence from D/CIA, D/OS,directed an investigation hy her staff that resulted
generation of a report of SSCI activity on the SSCI Majority shared drive, winch yict4e4
forensically reconstructed some mails between SSCI staffers. The review was also
based, in part, on information previously collected by the monitoring team.?;
(U) Agency Crimes Report On Alleged Misconduct by SSCI -Sin
(U) On7Tebruary2014-, the then-Acting General Counsel, who had previously recused himself
from ROI-related matters and was therefore largely unaware of programniatieditaili, flied a
crimes report with the DOJ, as required by Executive Order 12333 and the ,1995 Crimes "
Reporting Memorandum between the DOI and the Intelligence Community based on inaccurate
information provided to him byD/OS. The crimes report stated that SSCI Staffers, may have
exploited a software vulnerability on RD1Net to obtain access to the intelligence summaries
created by the Agency, in violation of the Computer Fraud and Abuse Act, 18 U.S.0:;'�4()3i).
The report was solely based on inaccurate information provided by the two,OGC attorneys to
1)/OS and was not supported by, or consistent with, the results of the lithitzd investigation
conducted by QS team. The 010 investigation determined that there was no'factual,haliSforthe
allegations made in the CIA crimes report
OIG Case No. 2014-11718=IG
SECRETIINOFORN
(b)(3)
Approved for Release: 2024/02/27 C06274838
Approved for Release: 2024/02/27 C06274838
SECRET//NOFORN
(U) Lack of CancloebrCeitain.RDI Staff
(U) The OIG determined that /01Net IT officers responsible for aSSisting,inicondFcting the
search of the-.,S,SCI'M4inritYsitared drive were not forthcoming in their initial interviews with
OIG; in thafthek failed to disclose to the �IP' the activities they conchiCtecI,,k: the attorneys',.`,,�
direciionj-to'access the SSCI Majority ,staff shared drive. Whenintervievved,n.geeOnd