Report of Investigation Agency Access to the Ssci Shared Drive on Rdinet

Read from the scan by GLM-OCR; expect the odd misread word.

## SECRET//NOFORN

of documents provided to the SSCI review teams. Following review of relevant documents by the RDI team, responsive documents were then made available to SSCI staff members on their respective shared drives.

(U) As part of the Agency's efforts to review and provide documents to the SSCI, then D/CIA Leon Panetta requested summaries of the documents being provided to the SSCI. These summary/analytical documents were considered and marked as internal and privileged by the Agency. The Agency holds that the documents were outside the scope of the data which the Agency agreed to provide for the SSCI review. The creation of such summaries was halted in early 2010 when the DOJ began an inquiry (led by Assistant United States Attorney John Durham) into RDI matters.

(U) While there was no signed memorandum of understanding between the Agency and SSCI regarding access to the RDINet, correspondence between then D/CIA Panetta and Chairman Feinstein established a common understanding between the parties that the SSCI shared drives would be a walled-off area that would only be accessible to CIA IT administrators for the sole purpose of IT network administration. In addition to the common understanding, the SSCI staff were provided a warning at each login that their "use of this system may be monitored and you have no expectation of privacy."

## (U) Improper Agency Access to SSCI files on RDINet

(U) On or before 9 January 2014, personnel from the Agency's RDI team theorized that SSCI staffers had improperly obtained copies of the privileged intelligence summaries created by the Agency, and that these documents were stored on the SSCI Majority staff shared drive. On 9 January, members of the RDI team used the IT system administrator access to the SSCI Majority shared drive to prove this theory. The Office of General Counsel (OGC) attorney

(b)(3)

unilaterally concluded that he had the legal authority to task

members of his staff to access the SSCI shared drive and conduct a search for copies of the privileged documents. A second OGC attorney, reporting to him, tasked three members of the RDI IT team to use their administrative rights to access and view documents on the SSCI Majority shared drive on three separate occasions between 9 and 12 January 2014.

(U) As a result of their review, the two OGC attorneys concluded that copies of the intelligence summaries were present on the SSCI Majority shared drive, and that the Agency had not provided those documents to the SSCI staff as part of regular provisioning of RDI documentation. The attorneys therefore believed the SSCI staff had improperly accessed portions of the RDINet that were restricted to Agency staff, and through this access moved the intelligence summaries onto the SSCI Majority staff shared drive.

(U) On 9 January, following their tasking to the IT team, the OGC attorneys also tasked the Agency's internal IT monitoring component with obtaining further information on the activities

OIG Case No. 2014-11718-IG