In a recent development following a Freedom of Information Act (FOIA) request by The Black Vault, the National Security Agency (NSA) has denied access to all documents concerning changes to the agency’s policy on releasing Intellipedia-related information. This decision marks a significant setback in efforts aimed at promoting transparency within the intelligence community.
Intellipedia, a system akin to a classified version of Wikipedia, is utilized by members of the U.S. intelligence community to share information. Historically, the NSA had been more forthcoming with information from Intellipedia, and has released hundreds of entries to The Black Vault through various FOIA requests.
However, a policy shift in 2023 led the agency to adopt a “GLOMAR” response, refusing to confirm or deny the existence of requested information on all related FOIA requests, and ultimately denying them all. All appeals submitted by The Black Vault in 2023, which totaled 130, were all denied,
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A new FOIA request was filed on April 14, 2024, seeking records including memos, emails, presentations, and any documentation pertaining to the policy change itself, covering from 2021 to the present. The intent of this request was to understand the rationale behind the shift towards less transparency, which contrasts sharply with the previous decade’s practices of releasing Intellipedia-related information, albeit, in some cases, partially redacted.
The NSA’s response letter, dated April 30, 2024, outlines the full denial of the request, citing multiple exemptions under the FOIA. These include:
- FOIA Exemption (b)(1) – Classification Under Executive Order 13526: The NSA argues that releasing the requested information could “reasonably be expected to cause serious damage to national security,” as it remains classified as SECRET.
- FOIA Exemption (b)(3) – Statutory Protection: Certain information is protected from disclosure by specific U.S. Code statutes, thereby justifying withholding under FOIA’s third exemption.
- FOIA Exemption (b)(5) – Civil Discovery Privileges: Information involving internal communications, which are protected as attorney-client privileged information and attorney work product, falls under the fifth exemption.
The Black Vault has filed an appeal of the decision. Whether this denial will be overturned on appeal remains to be seen, it certainly sets the stage for ongoing discussions about the balance between national security and the public’s right to know, especially when past actions supported transparency to an extent, yet that has been exchanged for immense secrecy – a change in itself that now remains fully classified and exempt from disclosure.
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FOIA Denial Letter
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