EPIC - EPIC v. CIA - CIA Spying on Congress

EPIC v. CIA - CIA Spying on Congress

Background |
EPIC's Interest|
EPIC's FOIA Request|
Freedom of Information Act Documents |
Legal Documents |
News Items

Top News

EPIC Publishes 2015 FOIA Gallery: In celebration of Sunshine Week, EPIC has created a "FOIA Gallery" of its most significant open government cases from the past year. EPIC obtained documents about the Army's surveillance blimps over Washington, the NSA's domestic surveillance authority, the FBI's formerly secret surveillance reports, the CIA's surveillance of Congress, and license plate readers. EPIC also obtained significant court judgments in cases against the FBI concerning the Next Generation Identification system and the "Stingray" cellphone surveillance technique. EPIC published the first FOIA Gallery in 2001. (Mar. 16, 2015)
CIA Releases Redacted Report on Surveillance of Congress: Several months after EPIC filed a Freedom of Information Act lawsuit against the Central Intelligence Agency, the agency has released the Inspector General's report on the agency's surveillance of Congress. The Inspector General launched an investigation after the Senate accused the CIA of improperly accessing the computers of Senate staff who were investigating CIA torture practices. The Inspector General found that CIA personnel improperly accessed Senate computers multiple times. The Inspector General also found that the CIA's accusations that Senate staff had improperly removed CIA files were baseless. EPIC will pursue release of the full, unredacted report. (Jan. 15, 2015)

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EPIC v. CIA: EPIC Seeks Details of CIA Surveillance of Congress » (Oct. 2, 2014)

EPIC has filed a Freedom of Information Act lawsuit against the Central Intelligence Agency for the Inspector General's report on the CIA's spying on a key Congressional oversight committee. The EPIC lawsuit follows from reports that that the CIA infiltrated a a computer network used by Senate staff to investigate the agency's detention and interrogation program. Senator Dianne Feinstein, Chair of the Senate Intelligence Committee, stated that the CIA's conduct raised far-reaching concerns about Constitutional separation of powers, and violations of computer crime and wiretapping laws. The CIA subsequently confirmed that the CIA's Inspector General had conducted an investigation and concluded the agency had "improperly" accessed Senate computers. EPIC sent a FOIA request to the CIA for the Inspector General's report but received no response. EPIC has sued for public release of the report. For more information, see: EPIC: EPIC v. CIA - CIA Spying on Congress.

Background

In March, 2014, Senator Dianne Feinstein (D, CA), Chair of the Senate Intelligence Committee, publicly accused the CIA of secretly removing documents from the Committee, searching computers used by the Committee, and attempting to intimidate congressional investigators by requesting an FBI inquiry into their conduct. The Committee had been investigating the CIA's detention and interrogation program. As part of the Committee's investigation, it was given what the CIA assured was a secure, walled-off computer on the CIA's premises so that the Committee could document its investigation as it reviewed agency files.

Despite the CIA's assurances that this drive would only be accessible to Committee staff, the agency accessed and searched the Committee's files in that drive. CIA Director John Brennan disputed charges that the agency had conducted an improper search, stating, "Nothing could be further from the truth."

On July 31, 2014, the CIA confirmed that the CIA's Inspector General had conducted an investigation and concluded the agency had "improperly" accessed Senate computers. Public statements by the agency indicate that the CIA Inspector General found "that some CIA employees acted in a manner inconsistent with the common understanding reached" between the agency and the Committee.

Media reports indicate that CIA Director John Brennan had briefed Senators Feinstein and Chambliss (R-GA) about the Inspector General report, and that "The Director... apologized to them for such actions by CIA officers as described in the OIG [Office of Inspector General] Report." Senator Feinstein issued a public statement, acknowledging the report and Director Brennan's apology: "The investigation confirmed what I said on the Senate floor in March - CIA personnel inappropriately searched Senate Intelligence Committee computers in violation of an agreement we had reached, and, I believe, in violation of the constitutional separation of powers." Director Brennan apologized for these actions and submitted the IG report to an accountability board. Senator Ron Wyden, who also sits on the Intelligence committee, remarked that, "The CIA inspector general has confirmed what senators have been saying all along: The CIA conducted an unauthorized search of Senate files, and attempted to have Senate staff prosecuted for doing their jobs. Director Brennan's claims to the contrary were simply not true."

On July 31, 2014, the CIA released a one-page summary of the Inspector General's report. This summary does not include essential details, for instance: the level of seniority of the agency officials who accessed the Committee computers, the number of times the computers were accessed, specifically what files or documents were accessed, what was done with the improperly accessed data from the computers, and what remedies the Inspector General recommends.

EPIC's Interest

EPIC has a strong interest in both open government and domestic surveillance. EPIC frequently makes use of the Freedom of Information Act to obtain information from the government about surveillance and privacy policy. Public disclosure of this information improves government oversight and accountability. It also helps ensure that the public is fully informed about the activities of government. EPIC routinely files lawsuits to force disclose of agency records that impact critical privacy interests.

EPIC also has a strong interest in domestic surveillance. In 2012 EPIC sought and obtained records revealing NYPD and CIA collaboration on the surveillance of Muslims and persons of Arab descent in New York, New Jersey, and elsewhere. EPIC has also sought and obtained records regarding justifications for warrantless surveillance of international telephone and Internet communications on American soil, including mostly unredacted version of two key memos by former Justice Department officials.

EPIC's Freedom of Information Act Request

On July 31, 2014, EPIC sent a FOIA request to the CIA. EPIC asked for the following agency records: "all final reports of the CIA Inspector General regarding the CIA's involvement in the penetration of the Senate Intelligence Committee's computer network" as well as "executive summaries and related investigatory documents."

After receiving no response, EPIC filed a FOIA complaint, EPIC v. CIA, No. 14-01645 (Filed Oct. 1, 2014 D.D.C.), seeking the CIA Inspector General Report on October 1, 2014.