SATELLITE RECONNAISSANCE SECURITY POLICY ALTERNATIVES (C)

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CIA-RDP85-00821R000100110002-2
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RIPPUB
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S
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12
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December 12, 2016
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November 30, 2001
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2
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Publication Date: 
September 5, 1978
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MF
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Approved For Release 2002/01/08 CIA-RDP85-00821 R000100110002-2 IC 78-5244 5 SEP 1978 MEMORANDUM FOR: Under Secretary of the Air Force Director, National Security Agency Director?of Intelligence and Research, Department of State Director, National Foreign Assessment Center Deputy Director for Administration Deputy Director for Science and Technology Deputy to the DCI for Collection Tasking ")irector, De"ense Intelligence Agency 25X1 A FROM: Deputy to the DCI for Resource Management SUBJECT: Satellite Reconnaissance Security Policy Alternatives (C) 1. (C) An issue paper on this subject is forwarded for your review and comment (see Attachment 1). It will be the basis for discussion at a special Space PRC meeting on 13 September. 2. (C) We have participated in: the preparation of this paper . and have submitted staff level comments on two previous drafts. However, some of our significant comments have not`been incorporated. The comments we submitted were coordinated with your representative on the Intelli- gence Community Civil Space Policy Working Group (see Attachment 2). 25X1A 3. (C) I would appreciate it if you would provide me with your formal comments on this issue by COB Friday, 8 September 1978. Please 25X1A forward these comments to 0 Attachments: 1. Satellite Reconnaissance Security Policy Alternatives 2. Intelligence Community Civil Space Policy Working Group Representatives 25 Approved For Release 2002/01/08 : C kCRE T 25 i Lam'-.Y?P! Y:.!(i ~~. .. A.~ i~i~ .-~..it~~. .:Ytk ~. ~+ SB{31 ~iF)r i31 ur ~: c :: AUTD1 ATLCALLY [ EC J.SSi A'..i3 UN (Rules. impossible, insert date or ever-:v 06 8 Q448 STATINTL Approved For Release 2002/01/08 : CIA-RDP85-00821 R000100110002-2 Approved For Release 2002/01/08 : CIA-RDP85-00821 R000100110002-2 Approved For 1 9Q(QQO$ ~ 1,~ fL-00821R 60116b62-2 WASHINGTON, D.C. Z05D6 Aucust 31, 1978 The Secretary of State The Secretary of Defense Director, Office of Management and Budget Director, Arms Control and Disarmament Agency Chairman, Joint Chiefs of Staff Director of Central Intelligence Administrator, National Aeronautics and Space Administration Director, Office of Science and Technology Policy Space Policy Review Committee Meeting The attached document was extracted from the ongoing civilian space policy` review. Because of its national security elements, declassification of the "fact of" photoreconnaissance satellites will be discussed separately during a Space Policy Review Committee meeting on September 13, 1978. Christine Dodson Staff Secretary SECRET XGDS (B)(2) Approved For Release 2002/01/08 : CIA-RDP85-00821 R000100110002-2 SEGRE.t S ECRET DS ) ~' or Release 2002/01/08 : CIA-RDP85-00821R000100110002-2 SAT=LL- RBC0'7,.k7SSANCE SECURITY -POLICY ALTERNATIVES* ~.. PC-- IC: SETTING When the United States started its space reconnaissance program in the late 1950's and early 1960's, there was considerable uncertainty as to foreign reaction. The Powers U-2 incident in 1960 emphasized the high potential for a major confrontation and embarrassm.n-t_, Yet the need for strategic intelligence was overpowering. The US strategy was to be as unobtrusive as possible, keeping the.. existence of the-program covert and avoiding the necessity for foreign acknowledgment. In concert, the civil space program and benign appli- cations were,emphasized.in public and led, over the years, to impl.ici.c general acceptance of remote earth sensing for a variety of purposes.. It is common knowledge that the US and the USSR use satellite reconnaissance monitoring techniques. For example, a recent-book by former DC1 William Colby---cleared.by.t:he CIA prior:to publication--discusses the use of overhead photography for arras-.control.verif.ication purposes. Secretary of State William Rogers stated in 1972 that. surveillance.satellites were one of the means used to monitor SALT I. Back in the mid-1960's President Johnson in a speech in Tennessee extemporaneously stated that the US used satellite photography to. observe Soviet I.CBN deployment. He added that this'activity alone justified: the expenditures. on our space program. Furthermore, President Carter stated during a March, 1977:radio call-in program:that."as you probably know, v-ith space satellite:ph.otogra.phy we . guarantee the security of our country . . . ." PD/NSC-37 revised the security policy for space intelligence activities by downgrading the fact thatthe US conducts satellite reconnaissance for intelli- gence purposes--without disclosing the generic type--to CONFIDENTIAL .(NGDS).. PD/NSC-37 specifies that the special product controls (over imagery and other space-derived data) is-to be used sparingly by the DCI. This section examines two possible revisions to the current policy: First, a..simple declarative declassif ieation only of the fact that satel- lite photoreconnaissance is one of the national technical means used. by the US for verification of compliance with SALT and other arms control agreements. ~On the recent Kampil.e.s espionage case--involving alleged sale of sensitive reconnaissance satellite documentation to the Soviets--there is present y no decision or. what must be presented during the trial as evidence. Presently, it is planned to enter evidence on the satellite document in question under pro-, tective seal. What must be divulged openly in court will be determined over time. It may be required not only to admit-the "fact of" photoreconnaiss.anee but also facts about the capabilities of US systems in order to prosecute Kampiles. Approved For Release 2002/01/08 : CIA-RDP85-00821 R000100110002-2 SECRET Y=,S (B) (2) E" "i 6,..._C R SECRET XCUS A ro(vh)d For Releas E R 5-008218000100110002-2 __(; Second, a possible extension of this declassification to selectiveli- declassify and release photoreconnaissance intelligence imager *or~ furthering economic, social, foreign: policy, defense, and political objectives of the US. 3. DECLASSIFICATION OF THE "FACT OF" Benefits and Risks. Claim is made in public forums that the SALT II agreement no;; being negotiated is unsound, in part because of public perceptions that the Soviets cannot be trusted to comply with its terms. Opponents of a SALT agree- ment charge that the Soviets have cheated on SALT I and that the US has an inadequate ability to verify compliance with SALT II. In answering these - charges, government spokesmen are prohibited from "officially" stating that the US conducts satellite photography to monitor Soviet compliance with SALT. They are restricted to using the euphemism National Technical Means (NTM) when describing those elements of our verification capability. Members of Congress have been briefed on US monitoring techniques, however, and the fact that NTM includes satellite photography is widely recognized and accepted by the press. and much of the informed foreign affairs community. The term NTM, however, may be lost on less-aware segments of the lay public. Direct referral to satellite photoreconaaissance can alleviate any feeling in the public mind that. the ' Administration is being evasive and is trying to cover up an inherently weak case for SALT. This, however, may be inadequate and it may also be necessary to discuss facts about these capabilities to help allay public concern that we can adequately verify Soviet compliance with the terms of the agreement. Declassifying the "fact of" photo-satellite reconnaissance might enable govern- ment spokesmen to make a more effective case for a SALT II agreement. The ability to refer to credible intelligence capabilities might help allay public concern that we can adequately verify Soviet compliance with the terms of the agreement. There are, however, risks associated with the declassification of the "fact of." They are: The classification of the "fact of" satellite reconnaissance has served as the first line of defense for the security of overhead intelligence programs. After declassification, US agencies and officials could be under pressure, both legal [Freedom of Information Act (FOIA)] and other- wise, to provide ever increasing information about the reconnaissance programs, as well as imagery itself. Acknowledgment of imagery could lead to further probing and speculation about even more sensitive satellites. Some agencies believe this pressure may be virtually irresistible and irreversible. Other agencies believe that the line can be drawn in this case as in others (e.g., nuclear weapons deployments), especially since the "fact of" is already widely known, even if not officially acknowledged. -2- SECRET XGDS (B) (2)_ Approved For Release 9~rjlli -00821 R000100110002-2 Approved For Release cE1 RP5-Ob82lRbO.OlOOllOOO2-2 Even though declassification of the "`act of" carries the strong impli- cations that the Soviets have a similar capability, there ma' be adverse Soviet reaction to a public statement to the effect that we use photo- reconnaissance satellites. Subsequent harmful, consequences in various arms control discussions (e.g., ASAT, CTE.) and other outer-space issues also could result. At a high level we would need to inform or consult with the Soviets on the scope of and reasons for any change in US policy prior to any announcement that" might ensue. There 'may be adverse, reaction in the UN Outer Space Committee to official US acknowledgment of its photoreconnaissance activities, particularly on the part. of the developing countries. Some have already expressed concern that civil remote sensing acti.vities:pose a. threat to their military, and economic. security. Such acknowledgment.could result in increased. pressures for controls on remote sensing from satellites and possibly demands that "military" satellites be banned. On the other hand, the fact is already widely known, and increased demand.for access could likewise result. Acknowledgment..in..rhe context of SALT. verification, howrever, wasted likely be.applauded by developing countries. C. ISSUE FO?.TECISION ON "FACT OF" . . Some believe that, with. appropriate preparation, the "fact of'.' can be declassi- fied now with real. but acceptable risks to intelligence security and to US foreign..and domestic policy. According.to:this view, we could proceed to public ly.acknosa.ie,dge,that photo-satellite reconnaissance programs are, among the means used'by'the..US to verify Soviet compliance with.. SALT and other arms control agreements. They believe there is an obvious, commonsense value to the forthright.admis:sion,of what is already widely known. Furthermore, they believe that implementation plans should :be developed, prior to public announce- ments on this matter. Such plans could be prepared within a few.weeks and would include: A Presidential directive that. (1) declassification of "fact of" is limited to photo reconnaissance for verification of SALT and other...arw control agreements and that (2) all data derived. from overhead reconnaissance remain classified and compartmented in accordance with existing guidelines. A security plan to maintain intelligence discipline. A plan of action'for informing Congress, our allies, and tha Soviets prior to a public announcement'. Contingency planning to deal with reactions of other countries and, a thorough set of Q's and A's. Others believe that the "fact of" can be declassified but that not enough is presently known about the near-and long-term impacts on US satellite reconnais- sance and suggest that a study of a few months is required. to make the best -3- Approved For Release 2002/01/08 : CIA-RDP85-00821 R000100110002-2 SECRET XGDS. (B) (2) S SECRET GDS For Releas5 5-00821 R0001 00110002-2 possible decision in this matter. They further believe that benefits from acknowledgement of the "-act of," without some public use of information or imager} from space reconnaissance, is of limited value. Further, they believe that prior to a decision on implementation more study is needed over the next few months This studs would evaluate the ramifications of declassifying the "fact of" and develop a full and detailed execution plan that would include: a security plan to maintain intelligence discipline; a detailed consultation strategy with the Congress, our allies, the Soviet Union, and members of the L'N Outer Space Committee; and contingency strategies by responsible agencies. They also believe that the implementation considerations outlined in the discussion on declassification of photographic imagery should be taken into account in any decision on the "fact of" as well. Essentially, under this approach the decision on declassification of the "fact of" in the context of SALT verifica- tion would be deferred for the few months necessary to complete the more detailed review. D. DECLASSIFICATION OF PHOTORECONNAISSANCE IMAGERY Any decision to go beyond declassification of the "fact of." and to additionally include a selective and phased public release of photoreconnaissance imagery or information from space reconnaissance increases both risks and benefits. Any steps taken in this area either measured or decisive would represent a sigxiifi- cant Administration initiative in space that would have worldwide impact. Unlike other major space initiatives--Apollo or solar power satellites-- declassification would not have a budget impact. It is believed that the risks and the potential long-term benefits of such a policy. revision warrant a care- ful assessment of this possibility before acceptance or rejection. But, of course, such-an assessment would be pursued only if the "fact of" were declassified. Potential Benefits and Risks. The broader use of presently-classified data could well be an efficient means of meeting certain domestic needs for an authoritative data base supplementing (or in some cases replacing) imagery sources currently available to the private and public sector. For example, stereoscopic imagery of cartographic quality has already been collected over much of the world. Its exploitation has been largely limited to government intelligence and mapping functions. Its value to mineral and petroleum exploration--either in raw image form or as analyzed thematic geological map products--is likely to be high, representing a quantum increase in the explora- tion data base. Other potential economic applications of such data include: land use, disaster assessment and relief, environmental monitoring, forestry inventories, and crop productivity. Some of these applications require the repetitive coverage being offered by civil systems and not envisaged for intelligence systems which might be available to the civil community. Some civil uses would benefit from the availability of a high-quality imagery data base in many instances even if it were quite old. If a decision were made to do so, much stored imager., could be made available today from lower performance reconnaissance systems no longer in operation as well as currently collected imagery. Approved For Release 2002/01/08 : C A-RDP85- 0821 R000100110002-2 SECRET XGDS (B) (2) SEC RE r e ~D S?tC E T y Release 2002/ > R600100110002-2 ~v^ila aeclas.sifying .salel the "fact of" may enhance public confi.aance. in flexibilit,- could be provided in the US in international: af?a:;.rs by less-co., strained use of remote sensing da=a. Verifiability and. Jer~-fication could be more credibly demonstrated with the release of imagery or information derived therefrom. Peacekeeping possibilities might include private or public release of visual evidence or information and analysis of impending crisis, hostile actions, or:threatening situations (weapons shipments, border viola- tions, nuclear capabilities) ; ?econoitic development informatcould be pro- vided without subterfuge as to. d..ata sources: The risks associated with limited declassification of satellite imagery can. be categorized .as ;follows: -- Imagery from intelligence systems provides information on militarily significant targets such as airfields, missile deployments,. es.c... With frequent monitoring, military:, deployment and levels, of military production can be determined. As these-capabilities are appreciated--more directly relevant-to the national.interests`of the non-major powers---we could .expect resistance and. pressure for restrictions by other countries. -- Such disclosure could, be expected.to lead to questions as to the le.giti.- mz.c.y.of :military.uses of outer spate systems.' The Outer Space Tr.eary reserves, the use..of space for "peaceful purposes." Some states, such as Japan, have already called fore demilitarization of space. The release of imagery could exacerbate these demands. -- The Soviets have:.maintained the basis for flexibly distinguishing between. legitimate::and' illegitimate remote earth sensing. They recognize a sanctuary. only for "NTM's. Use of. cameras in space for. other purposes than arms.control monitoring they consider espionage. Disclosure of the imagery surely would stimulate discussion throughout the international. community--not just the communist bloc,. but. the. non-allignedcountries as.well as our'allies--of limitations on remote sensing. The. Soviets may also use the release of imagery to attempt to ' justify their ASAT activities. -- Disclosure of selected imagery provides, some information on. the design and capabilities of the imaging system. for.film return systems, this may be more acceptable, although the implications could cause adversary nations: to increase concealment measures. The security risk in unclassified use of the products of the latest. operational systems would be high. A policy of unclassified release of the most current imagery could not be readily reversed. Thus, the extent to which the decision to declassify satellite imagery would impact on a. later option to provide special security protection for new systems must. be carefully weighed. SECRET XGDS (B) (2) Approved For Release 2002/01 LLIB P5-ff 000100110002-2 S EC , I.- SECRE GDS ro(i)J For Rely 3U 2/ R EbP85-00821R0001001 10002-2 ~'LT?CTnTIO*: CO?\SIDERkTIONS Sno'.:l: the additional decision be taken to selectively release imagery,, a nu=ber of additional factors would have to be taken into account in formulating an implementation plan. Certain of the factors are su-narized below. The USSR. The USSR is sensitive to world opinion about the relative techno- logical capabilities of the US and the Soviet Union. Comparisons between Soviet and US imagery capabilities produced by US release of imagery, would tend to cast the USSR in an unfavorable light. Second, the Soviets could view a public policy change as casting doubt on their ability to prevent "espionage." from outer space. For internal and international prestige reasons, they might choose to take a hard line, including a more negative posture in ASAT negoti- ations, augmented development of their ASAT systems, and renewed efforts in the UN to establish stringent limitations on the conduct of remote sensing activi- ties. Last, declassification could be viewed as a form of international "one- upsmanship" by the US, especially in light of current US-USSR tensions. If imagery release were contemplated, any assessment would have to examine whether to inform the Soviets beforehand of the scope, purposes, and timing of any release. The Soviets would react more strongly to a US decision to release imagery than to-declassification of the "fact of." High level prior consulta- tion with the USSR may be necessary in view of our tacit agreement with them. on photoreconnaissance use. As such, a risk-benefit analysis of declassifying imagery must take Soviet reactions into account. Intelligence Security. The classification of the "fact of" satellite recon- naissance has served as the first line of defense for the security of overhead space intelligence programs. After declassification, US agencies and officials would be under considerable pressure to provide more information. More importantly, however, information obtained from photography alone is often ambiguous; intelligence judgments are derived from analysis of data from a variety of sources. We should not compromise other intelligence sources and methods as a result of releasing photography. Well-thought-out strategies of information release and management of requests are necessary preconditions to even take steps toward declassification of imagery. Impact on Other Issues. Decisions on the future organization of the US remote sensing program would be impacted by decisions to release previously classified imagery. If the US sets up a new organization structure for remote. sensing from space, for example, this could raise issues concerning the future manage- ment of satellite reconnaissance, particularly if the imagery presently classi- fied were declassified for wider civil application. Selective release of imagery would also blur the line between civilian and military-intelligence remote sensing. Our heretofore highly touted international policy of open dissemination of remote sensing data (based on acknowledgment only of NASA data) would lose credibility, and new policies would have to be examined. Approved For Release 2002/01/08 : CIA-RDP85-00821 R0001 00110002-2 Approved For Release 20 t&l 5 0821 R000100110002-2 SECRET XGDS (B) (?) There is no ouesticn t.a data on .space intelligence would' be sought under the FCIA and that. in ail trobability legal proceedings- could force. disclosures inimical to the intelligence discipline and national security. Lven if i aec- cable guidelines were established and maintained as to what is classified and why, the courts would not be bound to adhere to them in deciding FOI?_ cases. Such guidelines could be established by Presidential Directive. Allies. Given that US friends and alliesare.either.,dixe.ct or indirect bene- ficiaries of the US intelligence programs, their interest, in preserving unim- peded access to valid. intelligence.infoimation would have-to be assured through. consultations. that outlined the limits and extent of planned disclosure. and the political assessment of external (i.e., Soviet, and other) reactions. Particu- lar care would have to be given to the question of possible imageryrelease by the US of data taken over Allied countries. Much of the foreign intelligence supplied to NATO about Warsaw Pact countries comes from US.overhead.sources. As such, diplomatic repercussions. might arise when it became. kn,oi that some. allies in the past had received, satellite-derived data and others had not., International:Reactions.. With the release of imagery, countries previously quiescent about overhead reconnaissance might decide to take a stronger position on the basic questions concerning sovereignty and exploitation by izDra powerful states. Many "developing countries .(LDC's) increasingly recognize that they:can benefit from remote sensing: However, the LDC's generally have in the past. argued for a restrictive. legal regime governing these activities. The ef.fe:Mt of a US release of imagery could be to stiffen their resolve toward a restrictive regime. One might expect that the obvious international benefits of strategic arms control would',soften. such arguments. Many,, indeed, recognize that satellites are essential for arms control. The record of the LDC's in the United. Nations may?.not be an accurate measure of real LDC responses. In fact., some.LDC'.s may.in the long run see, it in their interest to gain access. to better quality imagery. US Public Reactions. The announcement. of the "fact of'.' would serve to affirm .the commitment of .the Administration to greater openness in government and the promotion of space operations :for. keeping the peace. Without, public examples. of data quality, however, there will be many questions as to the degree of public confidence in verifiability. F. RECOTML*SENDED: -ACTION ON DECLASSIFICATION OF ...IPIAGERY Preliminary review suggests the need to study a new national policy in the use of remotely-sensed imaged data for a spectrum of US interests, both domestic and foreign. This cannot be decided now without a thorough review.. The focus will be on the use of remotely-sensed data and the information that can be derived therefrom, not on the management of the collection systems which acquire such data. Further study is necessary that would include full and detailed execution and. contingency plans developed well in advance of policy revision to release photoreconnaiss'ance imagery. Analyzing the concept. of a, space intelligence policy which looks beyond the. "'fact of" will fall into four phases: -7- Approved For Release 2002/01/08 : CIA-RDP85-00821 R000100110002-2 SECRET .GDS (B) . (2) RFrrR p.M. ,Pti SECRET XGDS gcpprooMd For Rele : 602 /l~8 . IP85-o~821 R0001 00110002-2 An intensive analysis of the paints and possibilities noted i this paper by selected individuals from the Departments of Defense and State, the Intelligence Community, the Executive Office of the President, and others as appropriate under the direction of the Space Policy Review Co;ttee. This will be accomplished in 3 months. Presidential review and decision or. desirability of change and appropriate 3. Detailed development and setting in place of the implementation elements-- consultation strategies, security planning, contingency plans--by the responsible agencies over a period of at least 3 months. 4. Execution after final Presidential review and approval. SECRET XGDS (B) (2) Approved For Release 2002/01/08 CIA-RDP85-00821 R000100110002-2 SECRT ~u~vr -.i.1 ..tai t I L Approved For Release 2002/01/08 : CIA-RDP85-0,0821R000100110002-2 CIVIL SPACE PD.LILCY IC WORKING GROUP ORGANIZATION NAME SAFSS Capt. David A. Messner NSA State/INR Joseph, E. Hayes DIA Cdr. R. L. Seger NFAC Robert A. Johnson DDA .DD/S&T D/DCI/CT D/DCI/RM COMIREX D/DCI/RM D/DCI/RM Approved For Release 2002/01/08 : CIA-RDP85-00821 R000100110002-2 25X1A 25X1A