Item 2.78: What Contingency Plans Does the U. S. Government Have for a "First Contact" Scenario?
A recently formed small group of legal professionals based in Arlington, Va. - the National Security Counselors (NSC - http://nationalsecuritylaw.org ) - has embarked on a bold, creative pursuit of official information not readily available to most of society's inquiring minds. Their chief tool in this public-interest pursuit happens to be the U. S. Freedom of Information Act. The group's officers and staff have a solid track record in realizing the Act's utility and promise toward greater public understanding of why/where/how/when certain federal agencies behave the way they do. You can get a taste of the group's strategy by perusing the NSC web site's FOIA subpage. There, you'll find samples of their cross-agency FOIA requests keyed to several research themes. One of these themes should pique the interest of this blog's readership: Contingency Plans for a "First Contact" Scenario. The pertinent request letter went out individually on May 13, 2010, to the following agencies: U. S. Air Force, U. S. Army, U. S. Central Intelligence Agency (see the text quoted below), U. S. Defense Intelligence Agency, U. S. Department of State, U. S. National Aeronautics and Space Administration, U. S. Navy, the Office of the Secretary of Defense, and the U. S. Strategic Command. Before quoting the letter's content, let me offer a few comments: (1) Lawyers prefer to pose questions on matters in which they know (or partially know) the answers; nowhere is that axiom more prevalent than in the national capital region. So, why doubt that the NSC practitioners have access to some insider information on the substance of their request. (2) You can bet that each of the queried agencies (with the possible exception of NASA, which, alas, seems unable to formulate a contingency plan for its very own survival) will dispatch a "no records found" determination. (3) I wonder why the NSC request omitted the U. S. National Security Agency, the U. S. Coast Guard, and the U. S. Federal Bureau of Investigation. (For that matter, if a visiting extraterrestrial craft were to land on the White House lawn, shouldn't the U. S. Secret Service have a contingency plan for that moment in history?) (4) If it turns out that no federal agency has bothered to create (or even to discuss creating) any formal contingency plan for first contact with E.T. entities, then what does that omission tell us about U. S. public preparedness, public opportunity to productively engage the E.T. presence, and public awareness of the potential value/detriment in such engagement? (5) If the Nov. 2, 2010, ballot initiative for creating a Denver-operated Extraterrestrial Affairs Commission does win the voters' approval, shouldn't the commission's first agenda item focus on my comment No. (4)? Those of you who think so are encouraged to electronically sign the supportive petition at http://www.petitiononline.com/etaffair/petition.html (which is garnering new signatories daily, thanks to recent, widespread media attention).
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ == TEXT OF THE MAY 13, 2010, FOIA REQUEST TO CIA, ET AL. == 13 May 2010 Delores M. Nelson
Information and Privacy Coordinator
Central Intelligence Agency
Washington, DC 20505 Re:
FOIA Request - “First Contact” contingency plans Dear Ms. Nelson: This is a request on behalf of National Security Counselors (“NSC”) under the Freedom
of Information Act, 5 U.S.C. § 552, et seq., for copies of all Central Intelligence Agency
(“CIA”) records discussing contingency plans for a “first contact” scenario with
extraterrestrials. A “first contact” scenario is defined as any situation in which the U.S.
government learns of the existence of extraterrestrial life (most likely because said
extraterrestrials have announced their presence to the government) and has the capability to
communicate with the extraterrestrials. This scenario would cover the situation of
extraterrestrials attacking the United States, however unlikely that may be. In line with the guidance issued by the Department of Justice (“DOJ”) on 9 September
2008 to all federal agencies with records subject to FOIA, agency records that are currently in
the possession of a U.S. Government contractor for purposes of records management remain
subject to FOIA. Please ensure that your search complies with this clarification on the effect of
Section 9 of the OPEN Government Act of 2007 of the definition of a “record” for purposes of
FOIA. Please also consider this letter an affirmative rejection of any limitation of your search to
CIA-originated records or exclusion of correspondence sent to third parties. If you deny all or part of this request, please cite the specific exemptions you believe
justify your refusal to release the information or permit the review and notify us of your appeal
procedures available under the law. In excising material, please “black out” rather than “white
out” or “cut out.” In addition, we draw your attention to President Obama’s 21 January 2009
Memorandum for the Heads of Executive Departments and Agencies, directing federal agencies
to adopt a presumption in favor of disclosure and stating that government information should not
be kept confidential “merely because public officials might be embarrassed by disclosure,
because errors and failures might be revealed, or because of speculative or abstract fears.” We are hereby requesting classification as a representative of the news media. NSC is a
non-profit organization under Virginia law, has the ability to disseminate information on a wide
scale, and intends to use information obtained through FOIA in original works. According to 5
U.S.C. § 552(a)(4)(A)(ii), codifying the ruling of Nat’l Security Archive v. Dep’t of Defense, 880
F.2d 1381 (D.C. Cir. 1989), The term ‘a representative of the news media’ means any person or entity that gathers
information of potential interest to a segment of the public, uses its editorial skills to turn
the raw materials into a distinct work, and distributes that work to an audience. NSC has clear intent to “publish[ ] or otherwise disseminate[ ] information to the public.” Id. at
1386 (quoting the following legislative history: 1) “It is critical that the phrase ‘representative of
the news media’ be broadly interpreted if the act is to work as expected. . . . In fact, any person
or organization which regularly publishes or disseminates information to the public . . . should
qualify for waivers as a ‘representative of the news media.’” 132 Cong. Rec. S14298 (daily ed.
Sept. 30, 1986) (emphasis in original quotation); 2) “A request by a reporter or other person
affiliated with a newspaper, magazine, television or radio station, or other entity that is in the
business of publishing or otherwise disseminating information to the public qualifies under this
provision.” 132 Cong. Rec. H9463 (Oct. 8, 1986) (emphasis in original quotation)). Our
website, where much of the information received through our FOIA requests is posted for all to
review, can be accessed at http://www.nationalsecuritylaw.org. In addition, we also intend to use
information obtained through FOIA in our own published opinion editorials, journal articles, and
the like. I personally have already published information received through FOIA in this manner
(Kel McClanahan, A Perception Based Model for Comparing Intelligence Communities, 25(2)
AMER. INTELLIGENCE J. 46 (Winter 2007/2008) (includes material obtained through a CIA FOIA
request)). Therefore, in accordance with the Freedom of Information Act and relevant case law,
NSC should be considered a representative of the news media. We are also requesting a public interest fee waiver. There can be no question that the
information sought would contribute to the public’s understanding of government operations or
activities and is in the public interest. This request presupposes, unlike many UFO enthusiasts,
that the U.S. government is not currently aware of the existence of sentient extraterrestrial life.
The purpose of this request is to study the degree to which the U.S. government develops
contingency plans for unpredictable or even unlikely scenarios, and the responsive records will
be analyzed as part of an organizational psychology research project along with records obtained
through other FOIA requests for contingency plans for other scenarios of a similar
“unpredictable and/or unlikely” quality (e.g. imminent catastrophic asteroid impact, collapse of
the nation’s cyber-infrastructure, creation of a true artificial intelligence, etc.). Therefore, these
records, once examined and analyzed, have a great potential for contributing to the public’s
understanding of how and why the government plans for certain contingencies and not others. In addition, with respect to the specific requirement that NSC must demonstrate an
expertise in the subject area in order to satisfy the fee waiver criterion that disclosure of the
requested information must contribute to the understanding of the public at large, I personally
received my Masters degree from Georgetown University in Security Studies with a
concentration in Leadership Analysis and Political Psychology, have been published in the
Organizational Psychology field (see above), have worked for two national security law firms,
teach National Security Law at the University of the District of Columbia, and recently received
an LLM in National Security Law from Georgetown University Law Center. The CIA is required by law to respond to this request within 20 working days. Failure to
timely comply may result in the filing of a civil action against your agency in United States
District Court. We request that any documents or records produced in response to this request be
provided in electronic (soft-copy) form wherever possible. Acceptable formats are .pdf, .doc,
.jpg, .gif, .tif. Please provide soft-copy records by email or on a CD if email is not feasible.
However, NSC does not agree to pay an additional fee to receive records on a CD, and in the
instance that such a fee is required, NSC will accept a paper copy of responsive records. Your cooperation in this matter would be appreciated. If you wish to discuss this request,
please do not hesitate to contact me. Sincerely, Kel McClanahan
Executive Director
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
http://ufoview.posterous.com
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ == TEXT OF THE MAY 13, 2010, FOIA REQUEST TO CIA, ET AL. == 13 May 2010 Delores M. Nelson
Information and Privacy Coordinator
Central Intelligence Agency
Washington, DC 20505 Re:
FOIA Request - “First Contact” contingency plans Dear Ms. Nelson: This is a request on behalf of National Security Counselors (“NSC”) under the Freedom
of Information Act, 5 U.S.C. § 552, et seq., for copies of all Central Intelligence Agency
(“CIA”) records discussing contingency plans for a “first contact” scenario with
extraterrestrials. A “first contact” scenario is defined as any situation in which the U.S.
government learns of the existence of extraterrestrial life (most likely because said
extraterrestrials have announced their presence to the government) and has the capability to
communicate with the extraterrestrials. This scenario would cover the situation of
extraterrestrials attacking the United States, however unlikely that may be. In line with the guidance issued by the Department of Justice (“DOJ”) on 9 September
2008 to all federal agencies with records subject to FOIA, agency records that are currently in
the possession of a U.S. Government contractor for purposes of records management remain
subject to FOIA. Please ensure that your search complies with this clarification on the effect of
Section 9 of the OPEN Government Act of 2007 of the definition of a “record” for purposes of
FOIA. Please also consider this letter an affirmative rejection of any limitation of your search to
CIA-originated records or exclusion of correspondence sent to third parties. If you deny all or part of this request, please cite the specific exemptions you believe
justify your refusal to release the information or permit the review and notify us of your appeal
procedures available under the law. In excising material, please “black out” rather than “white
out” or “cut out.” In addition, we draw your attention to President Obama’s 21 January 2009
Memorandum for the Heads of Executive Departments and Agencies, directing federal agencies
to adopt a presumption in favor of disclosure and stating that government information should not
be kept confidential “merely because public officials might be embarrassed by disclosure,
because errors and failures might be revealed, or because of speculative or abstract fears.” We are hereby requesting classification as a representative of the news media. NSC is a
non-profit organization under Virginia law, has the ability to disseminate information on a wide
scale, and intends to use information obtained through FOIA in original works. According to 5
U.S.C. § 552(a)(4)(A)(ii), codifying the ruling of Nat’l Security Archive v. Dep’t of Defense, 880
F.2d 1381 (D.C. Cir. 1989), The term ‘a representative of the news media’ means any person or entity that gathers
information of potential interest to a segment of the public, uses its editorial skills to turn
the raw materials into a distinct work, and distributes that work to an audience. NSC has clear intent to “publish[ ] or otherwise disseminate[ ] information to the public.” Id. at
1386 (quoting the following legislative history: 1) “It is critical that the phrase ‘representative of
the news media’ be broadly interpreted if the act is to work as expected. . . . In fact, any person
or organization which regularly publishes or disseminates information to the public . . . should
qualify for waivers as a ‘representative of the news media.’” 132 Cong. Rec. S14298 (daily ed.
Sept. 30, 1986) (emphasis in original quotation); 2) “A request by a reporter or other person
affiliated with a newspaper, magazine, television or radio station, or other entity that is in the
business of publishing or otherwise disseminating information to the public qualifies under this
provision.” 132 Cong. Rec. H9463 (Oct. 8, 1986) (emphasis in original quotation)). Our
website, where much of the information received through our FOIA requests is posted for all to
review, can be accessed at http://www.nationalsecuritylaw.org. In addition, we also intend to use
information obtained through FOIA in our own published opinion editorials, journal articles, and
the like. I personally have already published information received through FOIA in this manner
(Kel McClanahan, A Perception Based Model for Comparing Intelligence Communities, 25(2)
AMER. INTELLIGENCE J. 46 (Winter 2007/2008) (includes material obtained through a CIA FOIA
request)). Therefore, in accordance with the Freedom of Information Act and relevant case law,
NSC should be considered a representative of the news media. We are also requesting a public interest fee waiver. There can be no question that the
information sought would contribute to the public’s understanding of government operations or
activities and is in the public interest. This request presupposes, unlike many UFO enthusiasts,
that the U.S. government is not currently aware of the existence of sentient extraterrestrial life.
The purpose of this request is to study the degree to which the U.S. government develops
contingency plans for unpredictable or even unlikely scenarios, and the responsive records will
be analyzed as part of an organizational psychology research project along with records obtained
through other FOIA requests for contingency plans for other scenarios of a similar
“unpredictable and/or unlikely” quality (e.g. imminent catastrophic asteroid impact, collapse of
the nation’s cyber-infrastructure, creation of a true artificial intelligence, etc.). Therefore, these
records, once examined and analyzed, have a great potential for contributing to the public’s
understanding of how and why the government plans for certain contingencies and not others. In addition, with respect to the specific requirement that NSC must demonstrate an
expertise in the subject area in order to satisfy the fee waiver criterion that disclosure of the
requested information must contribute to the understanding of the public at large, I personally
received my Masters degree from Georgetown University in Security Studies with a
concentration in Leadership Analysis and Political Psychology, have been published in the
Organizational Psychology field (see above), have worked for two national security law firms,
teach National Security Law at the University of the District of Columbia, and recently received
an LLM in National Security Law from Georgetown University Law Center. The CIA is required by law to respond to this request within 20 working days. Failure to
timely comply may result in the filing of a civil action against your agency in United States
District Court. We request that any documents or records produced in response to this request be
provided in electronic (soft-copy) form wherever possible. Acceptable formats are .pdf, .doc,
.jpg, .gif, .tif. Please provide soft-copy records by email or on a CD if email is not feasible.
However, NSC does not agree to pay an additional fee to receive records on a CD, and in the
instance that such a fee is required, NSC will accept a paper copy of responsive records. Your cooperation in this matter would be appreciated. If you wish to discuss this request,
please do not hesitate to contact me. Sincerely, Kel McClanahan
Executive Director
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
http://ufoview.posterous.com
