SECRET – U.S. Army Cyber Electromagnetic Activities (CEMA) Manual

SECRET – U.S. Army Cyber Electromagnetic Activities (CEMA) Manual

The following manual was released by the U.S. Army on February 12, 2014.  The manual was first reported by Steven Aftergood of the Federation of American Scientists.

FM 3-38 Cyber Electromagnetic Activities

  • 96 pages
  • February 12, 2014

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FM 3-38, Cyber Electromagnetic Activities, provides overarching doctrinal guidance and direction for conducting cyber electromagnetic activities (CEMA). This manual describes the importance of cyberspace and the electromagnetic spectrum (EMS) to Army forces and provides the tactics and procedures commanders and staffs use in planning, integrating, and synchronizing CEMA.

This manual provides the information necessary for Army forces to conduct CEMA that enable them to shape their operational environment and conduct unified land operations. It provides enough guidance for commanders and their staffs to develop innovative approaches to seize, retain, and exploit advantages throughout an operational environment. CEMA enable the Army to achieve desired effects in support of the commander’s objectives and intent.

The principal audience for FM 3-38 is all members of the profession of arms. Commanders and staffs of Army headquarters serving as joint task force or multinational headquarters should see applicable joint or multinational doctrine concerning cyberspace operations, electronic warfare (EW), and spectrum management operations (SMO). Trainers and educators throughout the Army will also use this manual.

CYBER ELECTROMAGNETIC ACTIVITIES DEFINED
1-1. Cyber electromagnetic activities are activities leveraged to seize, retain, and exploit an advantage over adversaries and enemies in both cyberspace and the electromagnetic spectrum, while simultaneously denying and degrading adversary and enemy use of the same and protecting the mission command system (ADRP 3-0). CEMA consist of cyberspace operations (CO), electronic warfare (EW), and spectrum management operations (SMO) (see figure 1-1 on page 1-2).

1-2. Army forces conduct CEMA as a unified effort. Integration is the arrangement of military forces and their actions to create a force that operates by engaging as a whole (JP 1-02). Synchronization is the arrangement of military actions in time, space, and purpose to produce maximum relative combat power at a decisive place and time (JP 1-02). CEMA integrates and synchronizes the functions and capabilities of CO, EW, and SMO to produce complementary and reinforcing effects. Conducting these activities independently may detract from their efficient employment. If uncoordinated, these activities may result in conflicts and mutual interference between them and with other entities that use the electromagnetic spectrum (EMS). CO, EW, and SMO are synchronized to cause specific effects at decisive points to support the overall operation.

1-3. The CEMA element is responsible for planning, integrating, and synchronizing CO, EW, and SMO to support the commander’s mission and desired end state within cyberspace and the EMS. During execution the CEMA element is responsible for synchronizing CEMA to best facilitate mission accomplishment. (See chapter 2 for more information on the CEMA element.)

1-4. Cyberspace operations, EW, and SMO are essential to the conduct of unified land operations. While these activities differ in their employment and tactics, their functions and capabilities must be integrated and synchronized to maximize their support to unified land operations. The integration of these activities requires an understanding of the functions and capabilities being employed.

CYBERSPACE OPERATIONS

1-5. Cyberspace operations are the employment of cyberspace capabilities where the primary purpose is to achieve objectives in or through cyberspace (JP 3-0). Cyberspace operations consist of three functions: offensive cyberspace operations, defensive cyberspace operations, and Department of Defense information network operations (see chapter 3).

ELECTRONIC WARFARE

1-6. Electronic warfare is any military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy (JP 3-13.1). EW consists of three functions: electronic attack, electronic protection, and electronic warfare support. These functions are referred to as divisions in joint doctrine (see chapter 4).

SPECTRUM MANAGEMENT OPERATIONS

1-7. SMO are the interrelated functions of spectrum management, frequency assignment, host-nation coordination, and policy that enable the planning, management, and execution of operations within the electromagnetic operational environment during all phases of military operations. SMO are the management portions of electromagnetic spectrum operations (EMSO). EMSO also include electronic warfare (see chapter 5)

FUNCTIONS OF CYBERSPACE OPERATIONS

3-1. Army forces coordinate and integrate CO through CEMA. They do this to gain and maintain freedom of action in cyberspace and as required to achieve periods of cyberspace superiority.

3-2. Cyberspace superiority is the degree of dominance in cyberspace by one force that permits the secure, reliable conduct of operations by that force, and its related land, air, maritime, and space forces at a given time and place without prohibitive interference by an adversary (JP 1-02). Such interference is possible because large portions of cyberspace are not under the control of friendly forces. Cyberspace superiority establishes conditions describing friendly force freedom of action while denying this same freedom of action to enemy and adversary actors. Ultimately, Army forces conduct CO to create and achieve effects in support of the commander’s objectives and desired end state.

3-3. CO are categorized into three functions including offensive cyberspace operations (OCO), defensive cyberspace operations (DCO), and Department of Defense information network operations. These functions are described in joint doctrine as missions in cyberspace that require specific actions in cyberspace (see joint doctrine for CO). Figure 3-1 on page 3-2 depicts the three interdependent functions of CO.

OFFENSIVE CYBERSPACE OPERATIONS

3-4. Offensive cyberspace operations are cyberspace operations intended to project power by the application of force in or through cyberspace (JP 1-02). Army forces conduct OCO across the range of military operations by targeting enemy and hostile adversary activity and related capabilities in and through cyberspace. OCO are designed to support the commander’s objectives and intent consistent with applicable authorities and legal frameworks. (See paragraph 3-38 for additional information on authorities and other legal considerations.)

3-5. OCO are conducted in and through cyberspace where information technology infrastructures, along with the people and systems that use them, exist in an area of operations and pervade an operational environment. To varying degrees, host-nation populations, governments, security forces, businesses and other actors rely upon these infrastructures and supporting networks or systems. Given these conditions, OCO require deliberate coordination and integration to ensure desired effects (changes in behavior which do not suggest the ways or means those changes were created) are created and focused at the right place and time in support of the commander’s objectives.

3-6. Using OCO, commanders can mass effects through the employment of lethal and nonlethal actions leveraging all capabilities available to gain advantages in cyberspace that support objectives on land. For example, cyberspace capabilities and other information-related capabilities may be directed at an enemy weapons system consisting of the targeted platform and its operators. The cyberspace capability could create degrading effects on the platform while an information-related capability influences, disrupts, corrupts, or usurps the decisionmaking of the operator. (See FM 3-13 for additional information on inform and influence activities (IIA) and information-related capabilities.)

CYBERSPACE ATTACK

3-7. A cyberspace attack consists of actions that create various direct denial effects in cyberspace (for example, degradation, disruption, or destruction) and manipulation that leads to denial that is hidden or that manifests in the physical domains. For the Army, cyberspace attacks are a type of cyberspace operation employed primarily in support of OCO. Cyberspace attacks are primarily employed outside of LandWarNet, but they are coordinated and deconflicted inside of the Department of Defense information networks (DODIN). (See paragraph 3-24 for additional information on the DODIN.)

3-8. Army forces conduct or facilitate cyberspace attacks in support of OCO within designated areas of operation. For example, when employed as part of an offensive cyberspace operation, a cyberspace attack may be directed at information resident in, or in transit between, computers (including mobile phones and personal digital assistants) and computer networks used by an enemy or adversary. Enemy or adversary actors may be denied the ability to use resources or have their information resources used for friendly proposes as a result of a cyberspace attack. In every instance, commanders and staffs follow appropriate authorities and legal guidance. (See paragraph 3-38 for additional information on authorities and other legal considerations.)

3-9. Using specific portions of cyberspace and the electromagnetic spectrum (EMS) as primary pathways or avenues of approach, cyberspace attacks may employ capabilities such as tailored computer code in and through various network nodes such as servers, bridges, firewalls, sensors, protocols, operating systems, and hardware associated with computers or processors. Tailored computer code is only one example of a cyberspace capability (a device, computer program, or technique, including any combination of software, firmware, or hardware) designed to create an effect in or through cyberspace. The development and employment of tailored computer code represents the core and unique technical nature of CO capabilities. Computer code is designed to create specific effects, and when employed this code moves in the form of data packets in and through cyberspace across wired and wireless driven communication technology and systems. Cyberspace attacks must therefore be coordinated and integrated in support of the commander’s objectives and consistent with applicable assessment measures and indicators.

3-10. Cyberspace attack capabilities are employed to support maneuver operations by creating simultaneous and complementary effects. For example, a cyberspace attack capability may be employed in conjunction with electronic attack, offensive space control, fires, and information related capabilities to deceive, degrade, destroy, and disrupt a specific enemy integrated air defense system or enemy safe haven (see table 3-1 on page 3-4).

 

SECRECY NEWS – SUBPOENA OF AP PHONE RECORDS SAID TO DAMAGE PRESS FREEDOM

SECRECY NEWS – SUBPOENA OF AP PHONE RECORDS SAID TO DAMAGE PRESS FREEDOM
The government seizure of Associated Press telephone records in the course
of a leak investigation undermined freedom of the press in the United
States, congressional critics said yesterday.

"It seems to me the damage done to a free press is substantial," said Rep.
Zoe Lofgren at a hearing of the House Judiciary Committee.

Pursuant to subpoena, the government captured call records for 20
telephone lines of Associated Press reporters and editors over a two month
period last year.  The records are logs of calls made and received, but do
not include their contents.  It was a "massive and unprecedented intrusion"
into newsgathering activities, wrote the AP's president Gary Pruitt in a
May 13 letter.

The Justice Department denied that the action deviated from established
policy.

"We understand your position that these subpoenas should have been more
narrowly drawn, but in fact, consistent with Department policy, the
subpoenas were limited in both time and scope," wrote Deputy Attorney
General James M. Cole in a May 14 reply.

The  move arose from an AP story about a disrupted bomb plot originating
in Yemen that led to the revelation of a classified counterterrorism
operation and the existence of a valued agent. "This is among the top two
or three serious leaks that I've ever seen" said Attorney General Eric
Holder. He did not elaborate.

Meanwhile, the upshot is that any presumption of confidentiality in the
source-reporter relationship has been compromised across the board,
especially but not only in national security reporting.

        http://www.npr.org/templates/story/story.php?storyId=183984442

"Reporters who might have previously believed that a confidential source
would speak to them would no longer have that level of confidence, because
those confidential sources are now going to be chilled in their
relationship with the press," Rep. Lofgren said yesterday.

Last year, congressional leaders harshly criticized the Obama
Administration for supposedly failing to aggressively combat leaks of
classified information, including in the present case.

"The Administration's disregard for the Constitution and rule of law not
only undermines our democracy, it threatens our national security," said
Rep. Lamar Smith, at a hearing of the House Judiciary Committee on June 7
of last year. "The Justice Department has not taken the initiative to
prosecute leaks of national security secrets. Recent leaks about a foiled
bomb plot out of Yemen and a cyberattack against Iran are, in the words of
Senate Intelligence Chairwoman Dianne Feinstein, quote, 'very detrimental,
very concerning, and hurt our country,' end quote."

The irony was not lost on Rep. Jerrold Nadler.

"I think we should put this in context, and remember that less than a year
ago this committee's Republican leadership demanded aggressive
investigation of press leaks, accusing the administration itself of
orchestrating those leaks," he noted. "Then, members of this committee
wanted the reporters subpoenaed, put in front of grand juries and
potentially jailed for contempt. Now, of course, it is convenient to attack
the attorney general for being too aggressive or the Justice Department for
being too aggressive."

"But this inconsistency on the part of my Republican colleagues should not
distract us from legitimate questions worthy of congressional oversight,
including whether the Espionage Act has been inappropriately used looking
at leakers, whether there is a need for a greater press shield,... and
Congress' broad grants of surveillance authority and immunity," Rep. Nadler
said.

Rep. Lofgren said that the damage done to freedom of the press by the
clandestine seizure of AP phone records "will continue until corrective
action is taken."

GPO SUSPENDS PUBLIC ACCESS TO SOME NASA RECORDS

The Government Printing Office is blocking public access to some
previously released records of the National Aeronautics and Space
Administration, while the records are reviewed to see if they contain
export-controlled information.  The move follows the controversial
disabling and partial restoration of the NASA Technical Reports Server
(NTRS) ("NASA Technical Report Database Partly Back Online," Secrecy News,
May 9.)

"GPO has been asked to suspend any activity related to making these
documents available if they have not been reviewed," GPO said in a notice
today.

        http://beta.fdlp.gov/news-and-events/

"During this time, PURLs that GPO has created for the electronic versions
of NASA Technical Reports found in cataloging records accessed through the
Catalog of U.S. Government Publications (CGP) may not link to the documents
that the catalog record describes."

US-CHINA MOTOR VEHICLE TRADE, AND MORE FROM CRS

"In 2009, China overtook the United States to become both the world's
largest producer of and market for motor vehicles," a new report from the
Congressional Research Service notes.

That is not altogether bad news. "Every year since 2010, General Motors
has sold more cars in China (through exports and its joint ventures there)
than in the United States," CRS said. "On the other hand, China maintains a
number of trade and investment barriers that affect trade flows in autos
and auto parts."

See U.S.-Chinese Motor Vehicle Trade: Overview and Issues, May 13, 2013:

        http://www.fas.org/sgp/crs/row/R43071.pdf

Other new and updated reports from the Congressional Research Service that
Congress has declined to make publicly available include the following.

Regulation of Fertilizers: Ammonium Nitrate and Anhydrous Ammonia, May 9,
2013:

        http://www.fas.org/sgp/crs/homesec/R43070.pdf

Haiti Under President Martelly: Current Conditions and Congressional
Concerns, May 10, 2013:

        http://www.fas.org/sgp/crs/row/R42559.pdf

Women in Combat: Issues for Congress, May 9, 2013:

        http://www.fas.org/sgp/crs/natsec/R42075.pdf

The Peace Corps: Current Issues, May 10, 2013:

        http://www.fas.org/sgp/crs/misc/RS21168.pdf

Proposals to Eliminate Public Financing of Presidential Campaigns, May 10,
2013:

        http://www.fas.org/sgp/crs/misc/R41604.pdf

The Federal Budget: Issues for FY2014 and Beyond, May 9, 2013:

        http://www.fas.org/sgp/crs/misc/R43068.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
     http://www.fas.org/blog/secrecy/

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Support the FAS Project on Government Secrecy with a donation:
     https://members.fas.org/donate

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood@fas.org
voice:  (202) 454-4691
twitter: @saftergood

SECRECY NEWS – SENATE CONFIRMS CHAIR OF PRIVACY & CIVIL LIBERTIES BOARD

SECRECY NEWS – SENATE CONFIRMS CHAIR OF PRIVACY & CIVIL LIBERTIES BOARD

Almost a year and a half after he was nominated by President Obama in December 2011, the Senate yesterday confirmed David Medine to be the chairman of the Privacy and Civil Liberties Oversight Board by a vote of 53-45. http://www.fas.org/irp/congress/2013_cr/medine.html Republicans, led by Sen. Charles Grassley, opposed the nominee and voted against him. “I was disappointed that he failed to answer a basic yes-or-no question about national security law: ‘Do you believe that we are engaged in a war on terrorism?’,” Sen. Grassley said. “Instead of a simple yes or no, he opted for a more limited answer that military power is permissible in appropriate cases.” Democrats, led by Sen. Patrick Leahy, praised Mr. Medine and the Board that he will now lead. “The confirmation of this nominee is a significant victory for all Americans who care about safeguarding our privacy rights and civil liberties,” Sen. Leahy said. “The Privacy and Civil Liberties Oversight Board is a guardian of Americans’ privacy rights and civil liberties as well as an essential part of our national security strategy,” he said. But this seems like an overstatement. The size of the five-member Board and the resources available to it are not commensurate with the responsibilities it has nominally been assigned. It cannot possibly perform comprehensive oversight of the broad range of privacy or civil liberties concerns that arise in the national security domain. Expectations to the contrary are bound to be disappointed. At best, the Board may serve as a boutique oversight shop that tackles a couple of discrete policy issues each year. For background on the origins and development of the Board, see Privacy and Civil Liberties Oversight Board: New Independent Agency Status, Congressional Research Service, August 27, 2012: http://www.fas.org/sgp/crs/misc/RL34385.pdf INTERNATIONAL INTELLIGENCE AGREEMENTS, AND OTHER DOD DIRECTIVES The procedures by which the U.S. Air Force establishes international agreements for the exchange of intelligence information with foreign military services were described in a new Air Force Instruction. “Foreign military organizations being considered for inclusion in an IIA (international intelligence agreement) must clearly support U.S. security and foreign policy objectives. The foreign government must have favorable relations with the United States; a well-developed, secure intelligence service; and a stable domestic environment and military unity. Known national characteristics of the foreign government in question must fall within the guidelines of the United States national disclosure and security policy, and be reasonably expected to have adequate fiscal means, and conform to legal guidelines,” the Instruction states. Such agreements must “Provide for mutual support (quid pro quo)” and must “Provide intelligence that would otherwise be denied to the United States.” See Air Force Instruction 14-102, International Intelligence Agreements, April 29, 2013: http://www.fas.org/irp/doddir/usaf/afi14-102.pdf Another new Department of Defense Instruction governs records management within the Office of the Secretary of Defense. “It is DoD policy,” it states, “to limit the creation of records to those essential for the efficient conduct of official business and to preserve those of continuing value while systematically eliminating all others.” See OSD Records and Information Management Program, Administrative Instruction 15, May 3, 2013: http://www.fas.org/irp/doddir/dod/ai15.pdf Other noteworthy new military publications include the following. Information Operations (IO), DoD Directive 3600.01, May 2, 2013: http://www.fas.org/irp/doddir/dod/d3600_01.pdf DODD 5134.10 Defense Advanced Research Projects Agency (DARPA), DoD Directive 5134.10, May 7, 2013: http://www.fas.org/irp/doddir/dod/d5134_10.pdf THE U.S. SCIENCE AND ENGINEERING WORKFORCE, AND MORE FROM CRS New and updated reports from the Congressional Research Service that Congress has not made available to the public include the following. The U.S. Science and Engineering Workforce: Recent, Current, and Projected Employment, Wages, and Unemployment, May 6, 2013: http://www.fas.org/sgp/crs/misc/R43061.pdf Securing U.S. Diplomatic Facilities and Personnel Abroad: Background and Policy Issues, May 7, 2013: http://www.fas.org/sgp/crs/row/R42834.pdf Tax Reform in the 113th Congress: An Overview of Proposals, May 6, 2013: http://www.fas.org/sgp/crs/misc/R43060.pdf Border Security: Immigration Enforcement Between Ports of Entry, May 3, 2013: http://www.fas.org/sgp/crs/homesec/R42138.pdf Terrorist Watch List Screening and Background Checks for Firearms, May 1, 2013: http://www.fas.org/sgp/crs/terror/R42336.pdf Missing Adults: Background, Federal Programs, and Issues for Congress, May 7, 2013: http://www.fas.org/sgp/crs/misc/RL34616.pdf Kosovo: Current Issues and U.S. Policy, May 7, 2013: http://www.fas.org/sgp/crs/row/RS21721.pdf Central America Regional Security Initiative: Background and Policy Issues for Congress, May 7, 2013: http://www.fas.org/sgp/crs/row/R41731.pdf Expulsion, Censure, Reprimand, and Fine: Legislative Discipline in the House of Representatives, May 2, 2013: http://www.fas.org/sgp/crs/misc/RL31382.pdf No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress, May 3, 2013: http://www.fas.org/sgp/crs/natsec/R41701.pdf Instances of Use of United States Armed Forces Abroad, 1798-2013, May 3, 2013: http://www.fas.org/sgp/crs/natsec/R42738.pdf _______________________________________________ Secrecy News is written by Steven Aftergood and published by the Federation of American Scientists. The Secrecy News Blog is at: http://www.fas.org/blog/secrecy/ To SUBSCRIBE to Secrecy News, go to: http://blogs.fas.org/secrecy/subscribe/ To UNSUBSCRIBE, go to http://blogs.fas.org/secrecy/unsubscribe/ OR email your request to saftergood@fas.org Secrecy News is archived at: http://www.fas.org/sgp/news/secrecy/index.html Support the FAS Project on Government Secrecy with a donation: https://members.fas.org/donate _______________________ Steven Aftergood Project on Government Secrecy Federation of American Scientists web: http://www.fas.org/sgp/index.html email: saftergood@fas.org voice: (202) 454-4691

SECRECY NEWS – FISA SURVEILLANCE APPLICATIONS ROSE SLIGHTLY IN 2012

SECRECY NEWS – FISA SURVEILLANCE APPLICATIONS ROSE SLIGHTLY IN 2012

“During calendar year 2012, the Government made 1,856 applications to the
Foreign Intelligence Surveillance Court for authority to conduct electronic
surveillance and/or physical searches for foreign intelligence purposes.”

That somewhat opaque statistic was disclosed in the Justice Department’s
latest annual report to Congress on the Foreign Intelligence Surveillance
Act, filed on Tuesday. As is usually the case, none of the requests for
electronic surveillance were denied by the Court.

Click to access 2012rept.pdf

No matter how it is sliced and diced, the newly disclosed number of
applications does not yield much substance. It means that the government
submitted an average of 5 requests per day last year for intelligence
surveillance or physical search. It is about 5% higher than the number of
applications the year before (1,745), but quite a bit lower than the figure
from 2007 (2,371).

The number of applications does not correspond directly to the number of
targets, since multiple applications may be submitted in the course of an
individual investigation. Nor is the outcome of the surveillance or search
activity indicated in a way that would tend to validate or invalidate the
authorization after the fact.

In any case, the FIS Court did not deny any of the government’s requests
for authority to conduct electronic surveillance in whole or in part, the
report said, although unspecified modifications were made to 40 proposed
orders. The report does not say whether or not any requests for physical
search were disapproved or modified.

The government also made 212 applications for access to business records
and “tangible things” for foreign intelligence purposes, almost the same as
the 205 the year before.

And also in 2012, the FBI submitted 15,229 National Security Letter
requests for information concerning 6,223 different U.S. persons
(“excluding requests for subscriber information only”), down somewhat from
the 16,511 requests (concerning 7,201 different persons) the year before.

As an instrument of public oversight, the annual reports on FISA are only
minimally informative. They register gross levels of activity, but they
provide no measures of quality, performance or significance. Neither
counterintelligence successes nor failures can be discerned from the
reports. Nor can one conclude from the data presented that the FISA
process is functioning as intended, or that it needs to be curbed or
refined.

Congressional leaders blocked efforts to impose new or stronger public
reporting requirements when the FISA Amendments Act was reauthorized late
last year. However, Sen. Jeff Merkley and several Senate colleagues asked
the FIS Court to summarize its opinions in such a way as to facilitate
their eventual declassification and disclosure. This request has produced
no known results to date.

The FISA itself is a product of a rich period of political ferment in the
1970s when public and private institutions converged to promote increased
transparency, improved oversight and meaningful new constraints on
government authority. Investigative journalists wrote groundbreaking
stories, Congressional committees held historic hearings, political
activists and ordinary citizens mobilized to defend their interests,
leading to real and lasting changes. On the legislative front, these
included passage of an invigorated Freedom of Information Act, along with
the Privacy Act, the Government in the Sunshine Act, and the FISA, which
subjected intelligence surveillance activities to at least a degree of
independent judicial review.

An interesting account of that momentous period can be found in the new
book “Reining in the State: Civil Society and Congress in the Vietnam and
Watergate Eras” by Katherine A. Scott, University Press of Kansas, March
2013.

http://amazon.com/Reining-State-Society-Congress-Watergate/dp/070061897X

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
http://www.fas.org/blog/secrecy/

To SUBSCRIBE to Secrecy News, go to:
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To UNSUBSCRIBE, go to
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OR email your request to saftergood@fas.org

Secrecy News is archived at:
http://www.fas.org/sgp/news/secrecy/index.html

Support the FAS Project on Government Secrecy with a donation:
https://members.fas.org/donate

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: http://www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691
twitter: @saftergood

SECRECY NEWS – SEQUESTRATION SLOWS DOCUMENT DECLASSIFICATION

SECRECY NEWS – SEQUESTRATION SLOWS DOCUMENT DECLASSIFICATION

The process of declassifying national security records, which is hardly
expeditious under the best of circumstances, will become slower as a result
of the mandatory budget cuts known as sequestration.

Due to sequestration, “NARA has reduced funding dedicated to the
declassification of Presidential records,” the National Archives and
Records Administration (NARA) said in a report last week.

“Instead, NARA staff will prepare documents for declassification, in
addition to their existing duties. This will slow declassification
processes and delay other work, including FOIA responses and special access
requests,” said the new report, which also identified several other adverse
effects of the across-the-board cuts.

Click to access nara-seq.pdf

Meanwhile, because of the basic asymmetry between classification and
declassification, there is no particular reason to expect a corresponding
reduction in the rate at which new records are classified.

Classification is an integral part of the production of new national
security information that cannot be deferred, while declassification is a
distinct process that can easily be put on hold. Likewise, there is no
dedicated budget for “classification” to cut in the way that NARA has cut
declassification spending. And while Congress has erected barriers to
declassification (such as the Kyl-Lott Amendment to prohibit automatic
declassification of records without review), it has simultaneously allowed
declassification requirements to go overlooked and unenforced.

Some declassification is actually mandated by law. A 1991 statute on the
Foreign Relations of the United States series requires the Department of
State to publish a “thorough, accurate, and reliable documentary record of
major United States foreign policy decisions” no later than 30 years after
the fact, necessitating the timely declassification of the underlying
records. But law or no law, the government has not complied with this
publication schedule.

EGYPT AND THE IMF, AND MORE FROM CRS

A new report from the Congressional Research Service assesses the economic
state of post-revolution Egypt and finds it fairly grim.

“After more than two years of social unrest and economic stagnation
following the 2011 popular uprising, the government of Egypt is facing
serious economic pressures that, if not remedied, could lead to economic
collapse and possibly new levels of violence,” the report says.

“Egyptian authorities and the International Monetary Fund (IMF) have been
in negotiations for more than two years over an IMF loan to Egypt in
exchange for policy reforms that, if successful, could stave off economic
collapse and create more ‘inclusive’ growth…. [but] No agreement has been
finalized or implemented to date. Egyptian authorities have been reluctant
to commit to economic reforms that may be politically unpopular and
increase the country’s debt.”

Background on the negotiations and on U.S. aid to Egypt are presented in
Egypt and the IMF: Overview and Issues for Congress, April 29, 2013:

Click to access R43053.pdf

Some other CRS reports on Middle Eastern countries that have been recently
updated include the following.

Iraq: Politics, Governance, and Human Rights, April 26, 2013:

Click to access RS21968.pdf

Iran Sanctions, April 24, 2013:

Click to access RS20871.pdf

U.S. Foreign Aid to Israel, April 11, 2013:

Click to access RL33222.pdf

Iran: U.S. Concerns and Policy Responses, April 4, 2013:

Click to access RL32048.pdf

Jordan: Background and U.S. Relations, April 1, 2013:

Click to access RL33546.pdf

INTERNATIONAL INVESTMENT AGREEMENTS, AND MORE FROM CRS

The international agreements that constitute the infrastructure of
international trade and investment are spotlighted in an informative new
report from the Congressional Research Service.

“In the absence of an overarching multilateral framework on investment,
bilateral investment treaties (BITs) and investment chapters in free trade
agreements (FTAs), collectively referred to as ‘international investment
agreements,’ have emerged as the primary mechanism for promoting a
rules-based system for international investment,” the new report explains.

“Presently, there are over 3,000 BITs globally. The United States has
concluded 47 BITs, 41 of which have entered into force.” These treaties
were tabulated by CRS and presented along with other little-known data on
the subject in U.S. International Investment Agreements: Issues for
Congress, April 29, 2013:

Click to access R43052.pdf

Other new or newly updated CRS reports obtained by Secrecy News include
the following.

Mountaintop Mining: Background on Current Controversies, April 29, 2013:

Click to access RS21421.pdf

National Park System: Establishing New Units, April 25, 2013:

Click to access RS20158.pdf

The Administrative Process by Which Groups May Be Acknowledged as Indian
Tribes by the Department of the Interior, April 26, 2013:

Click to access R43051.pdf

Social Security Disability Insurance (SSDI) Reform: An Overview of
Proposals to Reduce the Growth in SSDI Rolls, April 29, 2013:

Click to access R43054.pdf

Conventional Prompt Global Strike and Long-Range Ballistic Missiles:
Background and Issues, April 26, 2013:

Click to access R41464.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
http://www.fas.org/blog/secrecy/

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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: http://www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691
twitter: @saftergood

SECRECY NEWS – FBI TERRORISM INVESTIGATIONS, AND MORE FROM CRS

SECRECY NEWS – FBI TERRORISM INVESTIGATIONS, AND MORE FROM CRS

“Intelligence activity in the past decades has, all too often, exceeded
the restraints on the exercise of governmental power that are imposed by
our country’s Constitution, laws, and traditions,” according to the
Congressional Research Service.

The CRS, which shuns polemical claims, presents that assertion as a simple
statement of fact (although cautiously sourced to the 1976 Church Committee
report) in a newly updated report on FBI terrorism investigations.

The report reviews the FBI investigative process, the statutory framework
within which it operates, and the tools at its disposal, along with
oversight considerations for Congress. See The Federal Bureau of
Investigation and Terrorism Investigations, April 24, 2013:

Click to access R41780.pdf

Other new or newly updated CRS reports include the following.

Terrorism, Miranda, and Related Matters, April 24, 2013:

Click to access R41252.pdf

Terrorism Risk Insurance: Issue Analysis and Overview of Current Program,
April 26, 2013:

Click to access R42716.pdf

U.S. Air Force Bomber Sustainment and Modernization: Background and Issues
for Congress, April 23, 2013:

Click to access R43049.pdf

Multiyear Procurement (MYP) and Block Buy Contracting in Defense
Acquisition: Background and Issues for Congress, April 25, 2013:

Click to access R41909.pdf

U.S.-South Korea Relations, April 26, 2013:

Click to access R41481.pdf

Iran Sanctions, April 24, 2013:

Click to access RS20871.pdf

Intelligence Issues for Congress, April 23, 2013:

Click to access RL33539.pdf

Inflation-Indexing Elements in Federal Entitlement Programs, April 24,
2013:

Click to access R42000.pdf

Changes in the Arctic: Background and Issues for Congress, April 25, 2013:

Click to access R41153.pdf

Prevalence of Mental Illness in the United States: Data Sources and
Estimates, April 24, 2013:

Click to access R43047.pdf

DOD POLICY ON NON-LETHAL WEAPONS, AND OTHER NEW DIRECTIVES

The Department of Defense has revised its 1996 directive on non-lethal
weapons (NLW) to guide future development and procurement of this category
of weaponry.

“Unlike conventional lethal weapons that destroy their targets principally
through blast, penetration, and fragmentation, NLW employ means other than
gross physical destruction to prevent the target from functioning. NLW are
intended to have relatively reversible effects on personnel or materiel,”
the revised directive explains.

“It is DoD policy that NLW doctrine and concepts of operation will be
developed to reinforce deterrence and expand the range of options available
to commanders.”

The directive does not apply to information operations, cyber operations
or electronic warfare capabilities. See DoD Executive Agent for Non-Lethal
Weapons (NLW), and NLW Policy, DoD Directive 3000.03E, April 25, 2013:

Click to access d3000_03.pdf

Other noteworthy new or updated DoD issuances include the following.

DoD Nuclear Weapons Surety Program, DoD Directive 3150.02, April 24, 2013:

Click to access d3150_02.pdf

DoD Counterfeit Prevention Policy, DoD Instruction 4140.67, April 26,
2013:

Click to access i4140_67.pdf

Assistant to the Secretary of Defense for Intelligence Oversight
(ATSD(IO)), DoD Directive 5148.11, April 24, 2013:

Click to access d5148_11.pdf

Use of Excess Ballistic Missiles for Space Launch, Directive-Type
Memorandum (DTM) 11-008, July 5, 2011, Incorporating Change 3, April 25,
2013:

Click to access dtm-11-008.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
http://www.fas.org/blog/secrecy/

To SUBSCRIBE to Secrecy News, go to:
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Support the FAS Project on Government Secrecy with a donation:
https://members.fas.org/donate

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: http://www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691
twitter: @saftergood

SECRECY NEWS – GROUPS URGE WHITE HOUSE TO TAKE LEAD IN REDUCING SECRECY

SECRECY NEWS – GROUPS URGE WHITE HOUSE TO TAKE LEAD IN REDUCING SECRECY

The White House should undertake a focused effort to reduce national
security secrecy, some 30 public interest organizations urged President
Obama in a letter today.

Click to access steering.pdf

The groups called upon the President to adopt a recommendation of the
Public Interest Declassification Board to set up a White House-led Security
Classification Reform Steering Committee.

http://www.archives.gov/declassification/pidb/

“A presidentially appointed Steering Committee would provide a mechanism
for identifying and coordinating needed changes and for overcoming internal
agency obstacles to change,” the group letter said. “It would also reflect
the urgency of reining in a classification system that is largely
unchecked.”

To be effective, though, the proposed Steering Committee would need to be
something more than just a deliberative, coordinating body, such as the
ill-fated Security Policy Board of the 1990s.

http://www.fas.org/sgp/spb/index.html

Specifically, it would require “a clear mandate to reduce the size and
scope of the national security classification system,” the group letter
said, as well as active White House participation to ensure agency
cooperation and compliance.

In principle, reductions in national security secrecy can actually benefit
government agencies by diminishing the significant financial and
operational costs they incur for classification. But in practice, such
reductions have been hard to accomplish and agencies have resisted any
externally imposed limits on their presumed autonomy to classify as they
see fit.

Of all the potential ways to reduce secrecy that could be envisioned, the
proposal for a White House-led Steering Committee is currently the most
salient. That’s because it was recommended by the Public Interest
Declassification Board, who developed it in response to a request from
President Obama himself.

“I also look forward to reviewing recommendations from the study that the
National Security Advisor will undertake in cooperation with the Public
Interest Declassification Board to design a more fundamental transformation
of the security classification system,” the President wrote in a December
29, 2009 memorandum.

http://www.fas.org/sgp/obama/wh122909.html

Now the recommendations that the President looked forward to are in hand,
and it will be up to the White House to act.

SURVEY OF FEDERAL WHISTLEBLOWER LAWS, AND MORE FROM CRS

Dozens of federal laws protect employees who report waste, fraud or abuse
by their employers. Some of those laws, particularly those that apply to
private-sector workers, have been strengthened in recent years, according
to a new survey from the Congressional Research Service.

“Eleven of the forty laws reviewed in this report were enacted after 1999.
Among these laws are the Sarbanes-Oxley Act, the FDA Food Safety
Modernization Act, and the Dodd-Frank Wall Street Reform and Consumer
Protection Act,” the CRS report said.

The report “focuses on key aspects of the federal whistleblower and
anti-retaliation laws. For each law, the report summarizes the activities
that are protected, how the law’s protections are enforced, whether the law
provides a private right of action, the remedies prescribed by the law, and
the year the law’s whistleblower or anti-retaliation provisions were
adopted and amended.”

The report does not address national security whistleblowers, or those who
disclose classified information with or without authorization. See Survey
of Federal Whistleblower and Anti-Retaliation Laws, April 22, 2013:

Click to access R43045.pdf

Other new or newly updated CRS reports that Congress has not made publicly
available include the following.

State Taxation of Internet Transactions, April 19, 2013:

Click to access R41853.pdf

Drought in the United States: Causes and Issues for Congress, April 22,
2013:

Click to access RL34580.pdf

Department of Homeland Security Appropriations: A Summary of Congressional
Action for FY2013, April 22, 2013:

Click to access R42557.pdf

The FY2014 State and Foreign Operations Budget Request, April 18, 2013:

Click to access R43043.pdf

U.S.-EU Cooperation Against Terrorism, April 22, 2013:

Click to access RS22030.pdf

Expediting the Return to Work: Approaches in the Unemployment Compensation
Program, April 18, 2013:

Click to access R43044.pdf

Economic Recovery: Sustaining U.S. Economic Growth in a Post-Crisis
Economy, April 18, 2013:

Click to access R41332.pdf

Federal Research and Development Funding: FY2013, April 19, 2013:

Click to access R42410.pdf

The U.S. Export Control System and the President’s Reform Initiative,
April 19, 2013:

Click to access R41916.pdf

Mexico’s Drug Trafficking Organizations: Source and Scope of the Violence,
April 15, 2013:

Click to access R41576.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
http://www.fas.org/blog/secrecy/

To SUBSCRIBE to Secrecy News, go to:
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Secrecy News is archived at:
http://www.fas.org/sgp/news/secrecy/index.html

Support the FAS Project on Government Secrecy with a donation:
https://members.fas.org/donate

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: http://www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691
twitter: @saftergood

SECRECY NEWS – INTELLIGENCE SATELLITE IMAGERY DECLASSIFIED FOR RELEASE

An enormous volume of photographic imagery from the KH-9 HEXAGON
intelligence satellites was quietly declassified in January and will be
transferred to the National Archives later this year for subsequent public
release.

The KH-9 satellites operated between 1971 and 1984. The imagery they
generated should be of historical interest with respect to a wide range of
late Cold War intelligence targets but is also expected to support current
scientific research on climate change and related fields of inquiry.

The film-based KH-9 satellites were officially declared “obsolete” by the
Director of National Intelligence in 2011. The KH-9 imagery was nominally
approved for declassification in February 2012, and then it was finally
declassified in fact this year.

ODNI spokesman Michael Birmingham said that approximately 97 percent of
the satellite imagery that was collected from the 19 successful KH-9
missions was formally declassified by DNI James R. Clapper on January 11,
2013.

“The small amount of imagery exempted from this declassification decision
will be removed prior to its accession to the National Archives (NARA) and
will remain classified pursuant to statute and national security interests,
and reviewed periodically to determine if additional declassification is
warranted,” Mr. Birmingham said last week.

The imagery is being transferred to NARA in stages, with final delivery
scheduled for September 2013, he said.

The transfer is being implemented pursuant to a November 2012 Memorandum
of Agreement between the National Geospatial-Intelligence Agency (NGA) and
the National Archives, under which the Archives is “responsible for
providing public access to the declassified imagery.”

Click to access kh9-moa.pdf

Reishia R. Kelsey of NGA public affairs confirmed that the imagery “will
be made available to the public following its accession to NARA” later this
year.

The National Archives was not prepared last week to set a precise date for
public release. But an Archives official said that “NARA intends to make
these records available to the public at our research room in College Park,
MD as soon as possible following transfer.”

If successfully executed, the release of the KH-9 imagery will constitute
a breakthrough in the declassification and disclosure of national security
information. It will be one of several discrete but momentous shifts in
secrecy policy during the Obama Administration that have often gone
unrecognized or unappreciated. Though these declassification actions took
years or decades to accomplish, they have been downplayed by the White
House itself, which has seemed curiously ambivalent about them. They
include the public disclosure of the size of the U.S. nuclear weapons
arsenal, the routine publication of the annual intelligence budget request,
the release of the Office of Legal Counsel “torture memos,” the
declassification of the KH-9 satellite itself, and others.

The KH-9 imagery is being processed for public release pursuant to the
1995 Executive Order 12951 on “Release of Imagery Acquired by Space-based
National Intelligence Reconnaissance Systems.” That order had been
effectively dormant since the Clinton Administration, when the last major
release of intelligence satellite imagery (from the CORONA, ARGON and
LANYARD missions) took place.

The declassification of the KH-9 imagery is a massive undertaking, Mr.
Birmingham of ODNI said last year.

“For context, and to grasp the scope of the project, the KH-9/HEXAGON
system provided coverage over hundreds of millions of square miles of
territory during its 19 successful missions spanning 1971-1984,” he said.
“It is a daunting issue to address declassification of the program
specifics associated with an obsolete system such as the KH-9, which
involves the declassification of huge volumes of intelligence information
gathered on thousands of targets worldwide during a 13 year time period.”

http://blogs.fas.org/secrecy/2012/10/hexagon_imagery/

MILITARY PHOTOGRAPHERS READY TO DEPLOY AROUND THE GLOBE

Just as law enforcement relied upon surveillance cameras and personal
photography to enable the prompt identification of the perpetrators of the
Boston Marathon bombing, U.S. armed forces increasingly look to the
collection of still and motion imagery to support military operations.

Combat camera (COMCAM) capabilities support “operational planning, public
affairs, information operations, mission assessment, forensic, legal,
intelligence and other requirements during crises, contingencies, and
exercises around the globe,” according to newly updated military doctrine.

COMCAM personnel are “highly trained visual information professionals
prepared to deploy to the most austere operational environments at a
moment’s notice.”

COMCAM units “are adaptive and provide fully qualified and equipped
personnel to support sustained day or night operations” in-flight, on the
ground or undersea, as needed.

“Effectively employed COMCAM assets at the tactical level can potentially
achieve national, theater strategic, and operational level objectives in a
manner that lessens the requirement for combat in many situations,” the new
doctrine says. “Their products can counter adversary misinformation,
disinformation, and propaganda and help commanders gain situational
awareness on operations in a way written or verbal reports cannot.”

“The products can also provide historical documentation, public
information, or an evidentiary foundation… for forensic documentation of
evidence and legal proceedings. They can provide intelligence documentation
to include imagery for facial recognition and key leader engagements, and
support special reconnaissance.”

The newly issued COMCAM doctrine supersedes previous guidance from 2007.
See Combat Camera: Multi-Service Tactics, Techniques, and Procedures for
Combat Camera (COMCAM) Operations, April 2013.

Click to access atp3-55-12.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
http://www.fas.org/blog/secrecy/

To SUBSCRIBE to Secrecy News, go to:
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Support the FAS Project on Government Secrecy with a donation:
https://members.fas.org/donate

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: http://www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691
twitter: @saftergood

SECRECY NEWS – NEXT STEPS IN NUCLEAR ARMS CONTROL, AND MORE FROM CRS

Negotiating a treaty to reduce nuclear weapons is so cumbersome and
fraught with political minefields that it can actually retard the process
of disarmament. “It usually takes far longer to reduce nuclear forces
through a bilateral arms control treaty than it takes to adopt unilateral
adjustments to nuclear forces,” according to a new report from the
Congressional Research Service.

“If the Obama Administration reduces U.S. nuclear forces in parallel with
Russia, but without a formal treaty, the two nations could avoid months or
years in negotiation,” the CRS report says. See “Next Steps in Nuclear Arms
Control with Russia: Issues for Congress,” April 10, 2013:

Click to access R43037.pdf

“Recent data… challenge the belief that the [U.S.] manufacturing sector,
taken as a whole, will continue to flourish,” says a newly updated CRS
report. “One interpretation of these data is that manufacturing is
‘hollowing out’ as companies undertake a larger proportion of their
high-value work abroad. These developments raise the question of whether
the United States will continue to generate highly skilled, high-wage jobs
related to advanced manufacturing.” See “‘Hollowing Out’ in U.S.
Manufacturing: Analysis and Issues for Congress,” April 15, 2013:

Click to access R41712.pdf

A rich compilation of information about discretionary government spending
was presented in “Trends in Discretionary Spending,” April 15, 2013:

Click to access RL34424.pdf

Some other new or newly updated CRS reports that Congress has not made
publicly available include the following.

Federal Authority to Regulate the Compounding of Human Drugs, April 12,
2013:

Click to access R43038.pdf

Federal Traffic Safety Programs: An Overview, April 1, 2013:

Click to access R43026.pdf

The STOCK Act, Insider Trading, and Public Financial Reporting by Federal
Officials, April 12, 2013:

Click to access R42495.pdf

International Trade and Finance: Key Policy Issues for the 113th Congress,
April 15, 2013:

Click to access R41553.pdf

Why Certain Trade Agreements Are Approved as Congressional-Executive
Agreements Rather Than as Treaties, April 15, 2013:

Click to access 97-896.pdf

The United Kingdom and U.S.-UK Relations, April 15, 2013:

Click to access RL33105.pdf

A FRESH LOOK AT INVENTION SECRECY

The Invention Secrecy Act of 1951 has been used for more than half a
century to restrict disclosure of patent applications that could be
“detrimental to national security.” At the end of the last fiscal year, no
fewer than 5,321 secrecy orders were in effect.

http://www.fas.org/sgp/othergov/invention/index.html

These secrecy orders have been difficult to penetrate and the stories
behind them have usually been left untold. But several inventors whose
work prompted imposition of a secrecy order were interviewed by G.W. Schulz
of the Center for Investigative Reporting. See his new account in
“Government secrecy orders on patents keep lid on inventions,” April 16,
2013.

http://cironline.org/reports/

JOURNAL OF NATIONAL SECURITY LAW & POLICY

The latest issue of the Journal of National Security Law & Policy has just
been published and can be found online here:

http://jnslp.com/

Titles of likely interest include “Free Speech Aboard the Leaky Ship of
State: Calibrating First Amendment Protections for Leakers of Classified
Information” by Heidi Kitrosser, and “Unknotting the Tangled Threads of
Watergate Lore,” a review of Max Holland’s book “Leak” written by M.E.
(Spike) Bowman, among others.

DEFENSE SUPPORT OF CIVILIAN LAW ENFORCEMENT AGENCIES

In last Friday’s Federal Register the Department of Defense published a
final rule on “Defense Support of Civilian Law Enforcement Agencies.” The
rule specifies and defines the support that DoD may provide to federal,
state and local law enforcement agencies, “including responses to civil
disturbances.”

http://www.fas.org/sgp/news/2013/04/dsclea.html

“The President is authorized by the Constitution and laws of the United
States to employ the Armed Forces of the United States to suppress
insurrections, rebellions, and domestic violence under various conditions
and circumstances,” the new rule states.

“Planning and preparedness by the Federal Government, including the
Department of Defense, for civil disturbances is important due to the
potential severity of the consequences of such events for the Nation and
the population. The employment of Federal military forces to control civil
disturbances shall only occur in a specified civil jurisdiction under
specific circumstances as authorized by the President, normally through
issuance of an Executive order or other Presidential directive authorizing
and directing the Secretary of Defense to provide for the restoration of
law and order in a specific State or locality.”

The new rule, which forms part of the Code of Federal Regulations, is
almost identical to DoD Instruction 3025.21 on “Defense Support of Civilian
Law Enforcement Agencies” that was issued on February 27, 2013 (noted by
PublicIntelligence.net on April 11).

Click to access i3025_21.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
http://www.fas.org/blog/secrecy/

To SUBSCRIBE to Secrecy News, go to:
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Support the FAS Project on Government Secrecy with a donation:
https://members.fas.org/donate

_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: http://www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202) 454-4691
twitter: @saftergood