Here is a summary and an update. As long-time readers will recall, on 12 March 2002 AntiPolygraph.org filed two Freedom of Information Act requests with the Central Intelligence Agency for:
1) "any report(s) on the history of the CIA polygraph division, including, but not limited to, any written by former CIA polygrapher John F. Sullivan"
2) "documentation of any standardized briefing provided to CIA employees or applicants prior to their taking polygraph examinations, whether on paper, videotape, or any other media."
These requests are avaiable here, respectively:
http://antipolygraph.org/foia/foia-008.shtml http://antipolygraph.org/foia/foia-009.shtml The CIA conisdered these requests jointly, assigning them reference number F-2002-00237, and initially demanded a commitment to pay search fees estimated at $300 before it would process these request:
http://antipolygraph.org/foia/foia-008-1.shtml However, upon appeal, the Agency yielded and waived search fees:
http://antipolygraph.org/foia/foia-008-2.shtml Finally, on 2 October 2003, the CIA reported that it had found no records responsive to AntiPolygraph.org's request with respect to a history of the CIA polygraph division. Regarding our request for documentation of any standardized pre-polygraph briefings, the CIA reported that "we located material which we have determined is properly classified and must be denied in its entirety on the basis of FOIA exemptions (b)(1) and (b)(3)":
http://antipolygraph.org/foia/foia-008-3.shtml The CIA invites me to appeal this denial, asking that I explain the basis for any appeal. However, the CIA egregiously failed to comply with the FOIA requirement that in denying a request, an estimate of the amount of matter withheld be provided. See 5 U.S.C. 552 (a)(6)(f). Without some reasonable description of the withheld information, it will be difficult to adequately explain the basis for any appeal.
I will be contacting the CIA FOIA office to request a description of the withheld material before filing any appeal. If anyone has any suggestions on appealing this decision, I would be grateful. One point that comes to mind is that since the CIA's pre-polygraph briefing is presented to applicants who presumably have no security clearance, the argument that briefing materials are properly classified in their entirety and cannot be released fails the "giggle test."