USE OF DISSEMINATION AND EXTRACTION OF INFORMATION CONTROLLED BY ORIGINATOR (ORCON) MARKING

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP82M00591R000300120005-2
Release Decision: 
RIPPUB
Original Classification: 
C
Document Page Count: 
11
Document Creation Date: 
December 15, 2016
Document Release Date: 
February 6, 2004
Sequence Number: 
5
Case Number: 
Publication Date: 
November 20, 1975
Content Type: 
SUMMARY
File: 
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PDF icon CIA-RDP82M00591R000300120005-2.pdf556.77 KB
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Approvecpr Release 2004/04/1, ,CIA-RDP82M00591 R000300120005-2 Reference is made to the DIA need for "an assured, standardized method for duty personnel to be able to pass ORCON material quickly to applicable CINCs when circumstances require." With respect to CIA intelligence information cables originating with the Directorate of Operations it should be noted that it is normal practice for CIA to transmit such cables to concerned overseas CINCs at the same time they are being disseminated to DIA. If DIA wishes to disseminate an analysis of a CIA information report only to the CINCs who received the report as specified in the final numbered para- graph of the report, it may do so without prior clearance from the originator provided the dissemination controls on the analysis are the same as those on the original report. With respect to other uses of ORCON material originated by the Directorate of Operations a method for obtaining speedy clearance has been in operation for some years. During duty hours the DO Reports Clearance office, receives calls for this purpose. After duty hours such calls are made to the DO Intelligence Information Dissemination 25X1 Branch on extension 1 -1 Normally DIA requests to the DO Reports Clearance office have been to request permission to use ORCON controlled infor- mation in publications and not to provide information to the headquarters of one of the seven Unified and Specified Commands. DIA review(s) completed. 25X1A Approved For Release, 2004/04/1,5 .,gIA-RDP82M00591 R00031 22 T . .. .~ CL BY 003350 Approved For Release 2004/04115' : CIA-RDP82M00591 8000300120005-2 obo~ The publications have varying distribution lists. One example is the Defense Intelligence Notice (DIN) with a hard copy distribution from 180 to 200 copies and a normal cable distribu- tion (DINOZ) to some 200 cable addresses in the U.S. and over- seas. Lately an increased number of clearances have been granted by the DO Reports Clearance office for DIA to publish ORCON information in the DIN hard copy but with cable distribu- tion limited to the DIN "U.S. ONLY" cable (44 cable addresses) and to an overseas CINC specified by DIA. Approved For Release 2004/04/15 : CIA-R9P82M00591 R000300120005-2 Approved For Release 2004/04/15 : CIA-RDP82M00591R000300120005-2 cd. 30 1. The dissemination control DISSEMINATION AND EXTRACTION OF INFORMATION CONTROLLED BY THE ORIGINATOR (ORCON) which was established by DCID 1/7, "Control of Dissemination of Foreign Intelligence", has been the subject of special concern since the DCID went into effect on 5 October 1975. Although the language of the DCID was most carefully considered by the drafting task group and was afforded full coordination within the USIB Security Committee and the USIB itself, the full impact of the new dissemination controls, especially ORCON, became apparent only after the DCID had been put in effect. 2. As a preamble to this discussion it might be useful to repeat the definition of ORCON. "This marking shall be used when unique source sensitivity factors, known to the originator, require strict compliance with third agency rule procedures, in addition to continuing knowledge and supervision on the part of the originator as to the extent to which the original document and information contained there in is disseminated. Documents and information bearing this marking will not be disseminated beyond the Headquarters elements of the recipient organizations and the Approved For Release 2004/04/15 : CIA-RDP82M00591 R000300120005-2 Approved For Rse 2004/04/15 : CIA-RDP82M00591 R000300120005-2 information contained therein shall not be extracted and incorporated into other reports without the permission of and under conditions prescribed by the originator." 3. One question that has been raised has been the extent of dissemination permitted it recipient organization under the restrictions of this control without seeking permission of the originator. It should be noted that the words used in the definition are not "commanding officers" but "Headquarters elements." The phrase "Headquarters elements" was intended by the drafters as it geographical limitation on dissemination and not as a limitation based on rank or position. It was pre- sumed that intelligence analysts at the addressee unit's headquarters could have access to such material if their assigned duties gave them a need to know. The drafters were aware that intelligence information must be available to substantive intelligence specialists before evaluated intelli- gence studies and estimates can be produced. The drafters were also aware that the mechanical aspects of dissemination must be recognized when contemplating the likely effects of dissemination controls. For example, at the time of its establishment DIA requested that CIA deliver its intelligence information reports to DIA which would then make dissemination to DOD elements. In the case of intelligence information cable the point of delivery was established as the JCS message center. The standard distribution given these cables by the JCS message Approved For Release 2004/04/15 : CIA-RDP82M00591 R000300120005-2 Approved For R ease 2004/04/15: CIA-RDP82M00591 0.00300120005-2 center in response -to DIA instructions is 44 copies and the addressees are C/JCS, J-3, J-5, SECDEF, ISA, ASD PA&E, CSA, CNO, CSAF, CMC, and DIA. The CIA drafters of the DCID con- sider this distribution to be within ORCON restrictions. 4. Another question which has been raised with respect to ORCON is whether or not it is appropriate for intelligence publications with wade circulation to carry the ORCON control. In this instance there is no other way for the publisher of an intelligence publication to insure that the information in the publication will be confined to offices on the distribution list which he established. Moreover, there is no other way that the originator of a sensitive intelligence information report can be assured that the conditions under which he authorized his information to be used in the publication will be honored. In the absence of the ORCON control recipients of the publication could extract information from the publica- tion and redisseminated it without the knowledge of the originator. 5. The use of controls such as NOFORN and NOCONTRACT on documents which also carry the ORCON control has also been questioned. The need for the NOFORN controls becomes apparent when it is recalled that foreign officers are on duty with some headquarters elements of USIB agencies. An example would be Second Officer Thompson of the British Navy who serves as a branch chief in the Naval Intelligence Support Center. The Approved For Release 2004/04/15 : CIA-RDP82M00591 R000300120005-2 - 3 - Approved For Fuse 2004/04/15 : CIA-RDP82M005918090300120005-2 need for the NOCONTRACT control becomes apparent when it is recalled that contractors, such as the RCA contractors engaged in developing the Advanced Indications Technology Experiment for DIA in the Pentagon, are working in the Headquarters elements of USIB agencies. 6. The implementation of the new DCID has not, from the evidence available in the clearance office in the CIA Directorate of Operations, materially impeded the publication of the more important current intelligence publications such as the National Intelligence Bulletin and the Defense Intelli- gence Notices. In these instances, of course, the editors of the publications were fully accustomed to working within dissemination control restraints and were familiar with procedures for obtaining permission to utilize information in a manner contrary to the controls. 7. The fact that questions on the application of the DCID 1/7 dissemination controls such as those discussed above are being raised by DIA and other suggests that it would be appropriate to convene a meeting of the officers who, in response to paragraph 6d of the DCID, have been designated as primary referents. Approved For Release 2004/04/15 CIA-RDP82M00591 R000300120005-2 4 - Approved For Rele 1@Q4t5C6W"8g1 591 04300120005-2 ROUTE TO ACTION SIGNATURE ORIGINATOR (Symbol) TELEPHONE NO. DATE - SECOM F 1 25 (t No`T75 R 25X1A airman, Security Committee CONTROL & COPY NUMBER TYPIST'S INITIALS LL:j m m SUBJECT Use of Dissemination and Extraction of Information Controlled by Originator (ORCON) Marking SUMMARY PURPOSE: This summary sheet forwards for your signature a proposed response to DIA's message requesting an assured, standardized method for duty personnel to be able to pass ORCON material quickly to applicable CINCs. They suggest CIA Ops Center be prepared to grant such authority. 25X1A DISCUSSION: I have been in touch with and he told me that they would not want to give such authority to the OPS Center. A method in the DDO has been in operation for some years and is available on a 24-hour basis. I have pressed the DDO to grant blanket authority for distribution to the CINCs of ORCON material without receiving prior clearance. It is the DDO position that this cannot be done. They did agree that if the CINC was a recipient of a CIA intelligence information cable, an analysis by DIA could be sent to that CINC without prior ORCON clearance. The DO Reports Clearance Office reported that DIA requests are normally for permission to use ORCON material in publications rather than for dissemination to a U&S Command. RECOMMENDED ACTION: That you sign the attached cable. Attachment: Cable to DIA REFERENCES: (A) Comments from DDO (B) DIA Incoming Cable Approved For Release 2004/04/15 : CIA-RDP82M00591 R000300120005-2 FORM 3830 9.75 pER$ON/UNIT NOTIFIED. PCk TOTAL CO E L~l .Nl?M4.Cc P) 1 EUEI !jL0TTED C 0 N F I D E N T t A L ACTION UNIT FILE VIR f '. 7~sl N - l G ~-- F el" ACTION '444072` EIA704 PAGE 01 TOR$ 0714052 NOV 75 P ' 071, 3 59 Z NOV 75 FM DIAWASH DC TO CIA WASH DC NON AGENCY MESSAGE NC 17810 BT N , E 8634 FROM CS,+DP FOR D/DCI/IC SUBJ__.._. USE OF DISSEMINAT,IIN AND EXTRACTION OF`INFt.R A_T_!ONCON- ' RO ( C)_q) -0R GI TOR ? 0NfMARKING US~-u `F"++"177`II~`Tyta0~30~~0~NOV75, SUBJECT AS ABOVE. 8, MEETING ON USE Or ORCON, 1330 HRS, 5 NCV 75. "l (C) SUGGESTION FOR USE OF NIB IN YOUR PARAS 3 AND 5 WILL NOT SOLVE DIAPROBLEM, DIA 15 RESPONSIBLE FOR PROVISION OF TIMELY I'6d JNTEL'TO CINCS, COMPLETE WITH BEST DIA ANALYSIS. DIA WARNING APPRAISAL 145-75 CONCERNING SYRIA WAS DELAYED 12 HOURS IN TRANSMITTAL'TO CINCEUR DUE BOTH TO DIFFERING VIEWPOINTS REGARDING ORCON MEANING AND SUBSEQUENT NEED TO SANITIZE, DIA NEEDS AN ASSUREDs STANDARDIZED METHOD FOR DUTY PERSONNEL TO BE ABLE TO PASS ORCOON MATERIAL GUICKLY TO APPLICABLE CINCS WHEN CIRCUMSTANCES REOUIRE.; AS INTERIM SOLUTION, SUGGEST CIA OPS CTR BE PREPARED r ANT SUCH AUTHORITY PROTECTED BY EYES ONLY HANDLING INSTRUCTIONS, ON REQUEST OF ` DIA ADIN, 21 ,C) DIA UNDERSTANDING OF 5 NOV MEETING IS THAT: A. A,MESSAGE WILL-BE SENT ADVISING ORIGINATORS OF PROBLEMS BEING EXPERIENCED WITH THE ORCON MARKING AND REQUESTING THAT THIS ,, HI((HHHLLY'`RE:STRICTIVE'MARKING BE APPLIED ONLY AFTER CAREFUL CONSIDER- ATION OF THE EFFECTS, B, CONSIDERATION WILL BE GIVEN USE OF PARAGRAPH MARKING ON OPCON DOCUMENTS C, AN EFFORT WILL BE MADE TO INSURE EXPEDITIOUS RELEASE AUTHORITY FOR ORCON MATERIAL TO NAMED OVERSEAS COMMANDERS, D. AN EFFORT WILL BE MADE TO EXPEDITIOUSLY AUTHORIZE USE OF PORTIONS OF ORCON DOCUMENTS WITH LESSER HANDLING CAVEATS. E. THE VOLUME OF ORCON MATERIAL BEING GENERATED WILL BE .MONITORED FOR A T LEAST 30 DAYS TO DETERMINE IF A SIGNIFICANT REDLUCT IO.N HAS OCCURRED. .5, (C) THE. STEPS OUTLINED IN PARAGRAPH 1 AND 2,ABOVE SHOULD ASSISTIN ALLEVIATING THE IMMEDIATE PROBLEM OF PRbVIDING TIMELY y ',.INTELLIGENCE SUPPORT. TO COMMANDERS. THEY WILL NOT SOLVE THE LONGER ERM, PROBLEM CAUSED BY THE STRICT THIRD AGENCY REQUIREMENTS FOR RCON WHICH WILL AFFECT THE FREE INTERCHANGE OF INFORMAT ION AMONG Approved For Re1ea9e 064/d445 ECRAD08N60591 R000300120005-2 . Approver Release 2004/04/15 $ RD %IR000300120005-2 Approved For Rise 2004/04/15 :CIA-RDP82M00591 8,(!0300120005-2 CAtl~LE >I C'bI UKM p ~_P6R_ ~__?T _,_ TOTAL COPIES RUN sY PERSON/UNIT NOTIFIED- C O N F I D E N T I A L ADVANCE COPY I S .D/SLOTTED By AT Z ACTION UNIT 1 RF. FILE , VR , T 4440 72 E I A7 04 PAGE 02-02 TOR10714052 NOV 75 RRPROOUCTION ?Y a', MF!~" : a 1uuUINQ OPPICE Is MONI. i':'J NON AGENCY MESSAGE NC 17810 THE COMMUNITY; CAS EXPRESSED BY CRS AT CIA), PROBLEM ALSO EXISTS AT `DIA AND 'NSA SINCE STRICT INTERPRETATION OF RULES FOR ORCON ACCESS WOULD DENY TWI_RD AGENCY ACCESS TO REFERENCE LIBRARY MATERIALS. GDS 1081, Approved For Release 2r00&/0/185 : T01Q-RFDP($2K10b594 8000300120005-2 .. yYWNap I. DO NOT REMOVE TAB. REFERENCE MATERIAL MUST BE STAPLED ONLY TO THE TAB DURING COORDINATION AND RELEASE OF THE M, ORIGINAL AND YELLOW COPY TO CABLE SECRETARIAT. REMOVE SUPPORTING DOCUMENTS. . SET R 3. MESSAGES ARE C~ERED OUTINE SS A HIGHER PRECEDENCE IS INDICATED IN TH E DREE LINE. 120005-2 OUTGOING MESSAGE SIGNAL CENTER USE ONLY AGE COI ACP TOG TPE OMF 0 0 0 0 0 0 0 25X1A EXTENSION Z q S O TO DIA-Y FROM D/DCI/IC FOR CS/DP-Y SUBJECT: USE OF DISSEMINATION AND EXTRACTION OF INFORMATION CONTROLLED BY ORIGINATOR {ORCON} MARKING-Y Ill. REFERENCE YOUR MESSAGE 071392 NOV 75.Y 2. IN REPLY TO YOUR REQUEST FOR AN ASSURED METHOD OF PASSING ORCON MATERIAL QUICKLY TO APPLICABLE CINCS1 I HAVE BEEN ASSURED THAT THE FOLLOWING OFFICES IN THE CIA/DO ARE PREPARED TO HANDLE ORCON CLEARANCE REQUESTS: A. DURING DUTY HOURS, THE DO-REPORTS CLEARANCE OFFICE, 0 3. IT IS NORMAL PRACTICE FOR CIA/DO TO TRANSMIT INTELLIGENCE INFORMATION CABLES TO CONCERNED OVERSEAS CINCS AT THE SAME TIME THAT THEY ARE DISSEMINATED TO DIA. IF DIA WISHES TO DISSEMINATE AN ANALYSIS OF THIS REPORT TO THAT CINC, IT MAY DO SO WITHOUT PRIOR CLEARANCE FROM THE ORIGINATOR. THE DISSEMINATION CONTROLS DATE: ORIG: UNIT: EXT: FORM 12E 1 1 -73 INDEX NO INDEX RETURN TO E 2 IMPDET CL BY: usApproted For Release 2004/04/15 : CIA-RDP82M00591R000300120005-2 EDITIONS 25X1A 1. DO NOT REMOVE TAB. REFERENCE MATERIAL MUST BE STAPLED ONLY 'rO THE TAB DURING COORDINATION AND RELEASE OF THE MESSAGE. SEND ORIGINA't AND YELLOW COPY TO CABLE SECRETARIAT. REMOVE SUPPORTING 2, SET MARGIN FOR 6 PRECEDENCE IS INDICATED I {`N THE DRE 1 00300120005-2 2. MESSAGES ARE CONSIDEREDROU NoErI SS A HIGHER 1/`~` OUTGOING MESSAGE U T I N SIGNAL CENTER USE ONLY G AGE COI ACP TOG TPE MRO DCI ^ INDEX DISSEM BY: ^ NO INDEX ^ RETURN TO PER ^ IF FILES # ON THE ANALYSIS, HOWEVER, MUST BE THE SAME AS THOSE ON THE ORIGINAL REPORT. THIS SHOULD GIVE CONSIDERABLE RELIEF TO THE PROBLEM CONCERNING TIMELY PASSAGE OF ORCON MATERIAL TO APPLICABLE CINCS