DIA Supply-Chain Report on Kaspersky

Joseph Cox filed this request with the Defense Intelligence Agency of the United States of America.
Tracking #

FOIA-00104-2018

Status
Rejected

From: Joseph Cox

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

### Background ###

A 2013 DIA supply-chain report flagged Kaspersky in 2013, according to a Wall Street Journal report: https://www.wsj.com/articles/how-kasperskys-software-fell-under-suspicion-of-spying-on-america-1515168888

My request is concerning this report.

### Request ###

I hereby request the following records:

- A copy of all 2013 reports mentioning, about, or concerning Kaspersky.

In order to help to determine my status to assess fees, you should know that I am journalist writing for Motherboard, VICE's technology and science site, and that this request is being made as part of news gathering.

I also request expedited processing, as the influence of Russian-linked actors is particularly important at this time. Russian-linked actors attacked the DNC; have struck the US powergird, and are inanimately linked to Kaspersky. Having a better understanding of how the Russian government is linked to Kaspersky, a company whose products millions of US citizens use, is of utmost importance to understanding how the US and its citizens can protect themselves from cybersecurity threats.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Joseph Cox

From: Defense Intelligence Agency

A fix is required to perfect the request.

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

From: Defense Intelligence Agency

Greetings,

Thank you for contacting us. We are sorry for the delay in processing your request. Unfortunately, we are experiencing significant delays at this time and your request has an estimated completion time of August 2021. Please reference case number: FOIA 104-2018 in future communications.

From: Defense Intelligence Agency

Greetings,

Thank you for contacting our organization. Unfortunately, you case is still being processed and we hope to have a final response to you soon.

From: Defense Intelligence Agency

Greetings!

Thank you for contacting our Agency! We are in receipt of your request for a status update! Please note that our response time to emails and processing times for new cases are significantly delayed. The case officer assigned to your request will be able to provide you with an estimated completion date in the coming weeks.

DIA typically processes requests in the order of receipt; our backlog currently is in excess of 2,000 requests. The time it takes to respond to a request will vary depending on the complexity of the request and the backlog of requests already pending. All parties should remember that that an estimated completion date is only an estimate based on the available information at the time of making the estimate. Estimated completion dates are subject to change. According to the fiscal year 2020 Department of Justice FOIA Annual Reporting for DIA, the average time for processing a 'complex' case is approximately 530 days. Needless to say, we are working to improve our response time within the bounds of the processes that we control.

Under normal circumstances, if your request was initially categorized as 'simple', it might take several weeks or several months to complete your request. If your request was categorized as 'complex', you can see the average time above. Sometimes 'simple' requests become 'complex' depending on whether there are extra processing steps or if there is a need to search for records in multiple locations or otherwise collaborate with multiple agencies. As you know, COVID has brought on significant challenges to what were previously 'normal circumstances'.

Under the FOIA, 'complex' requests typically seek a high volume of material or require additional steps to process, such as the need to search for records in multiple locations or the need to collaborate with multiple offices or agencies. In comparison, a 'simple' request can usually be processed faster than one that is complex; 'simple' requests are typically more targeted and seek fewer pages of records.

With Warm Regards,

DIA FOIA Services

From: Defense Intelligence Agency

Greetings,

Thank you for contacting us. Our sincerest apologies for the delayed response as we did not have access to this inbox for some time.

We have sent this request over for the case analyst to provide an update.

They should be in contact shortly.

Thank you for your patience.

FOIA team

From: Defense Intelligence Agency

Greetings Joseph Cox,
Thank you for submitting your FOIA request with the Defense Intelligence Agency. We are experiencing significant delays in our processing times for cases and email correspondences. We sincerely apologize for the delay in processing your request. We are contacting all requesters to apologize for the delays in our processing times and to ensure that we have your accurate information for future communications. Please review the attached correspondence letter and respond to us by August 23, 2021, to let us know if there are any changes to your request.
With Warm Regards,

DIA FOIA Services
301-394-6253

From: Joseph Cox

There are no changes to my request.

Thank you.

From: Defense Intelligence Agency

Classification: UNCLASSIFIED

Greetings,

See attached for DIAs Final Response to your FOIA Request.

V/r
DIA FOIA Team

Classification: UNCLASSIFIED