[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Notices]
[Pages 68608-68609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30399]


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DEPARTMENT OF DEFENSE

Department of the Air Force


Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice to add a system of records.

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SUMMARY: The Department of the Air Force is proposing to add a system 
of records notice to its inventory of records systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed system of 
records will be exempt to increase its value for law enforcement 
purposes.

DATES: The actions will be effective on January 8, 2004 unless comments 
are received that would result in a contrary determination.

ADDRESSES: Send comments to the Air Force FOIA/Privacy Manager, AF-CIO/
P, 1155 Air Force Pentagon, Washington, DC 20330-1155.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne P. Rollins at (703) 601-
4043.

SUPPLEMENTARY INFORMATION: The Department of the Air Force's record 
system notices for records systems subject to the Privacy Act of 1974 
(5 U.S.C. 552a), as amended, have been published in the Federal 
Register and are available from the address above.
    The proposed system report, as required by 5 U.S.C. 522a(r) of the 
Privacy Act of 1974, as amended, was submitted on November 17, 2003, to 
the House Committee on Government Reform, the Senate Committee on 
Governmental Affairs, and the Office of Management and Budget (OMB) 
pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, 
`Federal Agency Responsibilities for Maintaining Records About 
Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: November 20, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F071 JTF A

System name:
    Computer Network Crime Case System.

System location:
    Law Enforcement and Counterintelligence Center, Joint Task Force--
Computer Network Operations, 701 South Courthouse Road, Arlington, VA 
22204-2164.

Categories of individuals covered by the system:
    Active duty, retired or former military personnel; current, retired 
and former civilian employees; dependents of military personnel; and 
other Department of Defense employees and contractors, both current and 
former; United States citizens in the United States and abroad; legal 
aliens; and foreign nationals residing in the U.S. and abroad, who are 
suspected of violating some law, regulation or directive related to 
computer network crimes.

Categories of records in the system:
    Reports of investigation, statements of individuals, 
correspondence, and other informational material pertaining to specific 
law enforcement and counterintelligence investigations of alleged 
violations of laws, regulations or directives related to computer 
network crimes. Name(s) or aliases of the subject, group affiliation 
(if any), civilian or military status, trusted status, and whether or 
not the individual is a juvenile.

Authority for maintenance of the system:
    10 U.S.C. 8013, Secretary of the Air Force; E.O. 10450, Security 
Requirements for Government Employment; The Inspector General Act of 
1978 (Pub. L. 95-452), as amended, and DoD Directive 5106.1 (32 CFR 
part 376); E.O. 13213, Critical Infrastructure Protection in the 
Information Age; DoD Instruction O-8530.2 Support to Computer Network 
Defense; DoD Directive 5240.2, DoD Counterintelligence; DoD Directive 
5200.27, Acquisition of Information Concerning Persons and 
Organizations not Affiliated with the Department of Defense.

Purpose(s):
    To identify and assist in prevention and control of computer 
network crime and related computer network activity within DoD; aid in 
attribution of criminal activity; and assist in the development of 
DoD's network defensive posture.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To the Central Intelligence Agency, the Federal Bureau of 
Investigation, and other counterintelligence/intelligence agencies in 
matters pertaining to hostile intelligence and terrorist activities 
directed against the U.S., its installations, or personnel.
    To Department of Justice officials to determine if judicial or 
administrative action is warranted.
    To the U.S. Immigration and Naturalization Service in criminal 
matters, or matters pertaining to hostile intelligence and terrorist 
activities directed against the U.S., its allies, its installations, or 
personnel.
    To defense and trial counsels for use in judicial and 
administrative actions.
    To the U.S. Secret Service in conjunction with the protection of 
the President, Vice President, and other designated high-ranking 
officials.
    To the Department of State and U.S. embassies overseas to provide 
criminal information affecting U.S. diplomatic relations with foreign 
nations.
    To foreign law enforcement agencies where information sharing 
agreements exist in criminal matters, or matters pertaining to hostile 
intelligence and terrorist activities directed against the U.S., its 
allies, its installations, or personnel.
    The DoD `Blanket Routine Uses' published at the beginning of the 
Air Force's compilation of systems of records notices apply to this 
system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Maintained on computers and computer output products.

Retrievability:
    Records are retrieved by name or alias, group affiliation (if any), 
organization and case number, and/or ``key-word'' searches based on 
case information.

Safeguards:
    Records are accessed by custodian of the record system and by 
person(s) responsible for servicing the record system in performance of 
their official duties who are properly screened and cleared for need-
to-know. Records are stored in an approved automation system, with 
``password'' protection. Records are controlled by personnel screening 
and are located in an office environment protected by a security alarm 
system.

[[Page 68609]]

Retention and disposal:
    Records are reviewed annually for retention or disposal and are 
destroyed/deleted when no longer needed, unless the record has been 
identified as a matter of permanent record with historical value. 
Permanent records are retained until eligible for transfer to the 
National Archives and Records Administration. Records identified for 
disposal are destroyed by erasing, deleting, degaussing, or over-
writing the database; hard copy residue is destroyed by shredding, 
pulping, macerating, or burning.

System manager(s) and address:
    Law Enforcement and Counterintelligence Center Records Manager, Law 
Enforcement and Counterintelligence Center, Joint Task Force--Computer 
Network Operations, 701 South Courthouse Road, Arlington, VA, 22204-
2164.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information on themselves should address inquiries to the Law 
Enforcement Counterintelligence Center Records Manager, Law Enforcement 
and Counterintelligence Center, Joint Task Force--Computer Network 
Operations, 701 South Courthouse Road, Arlington, VA 22204-2164.
    The requester must provide a notarized statement or an unsworn 
declaration made in accordance with 28 U.S.C. 1746, in the following 
format:

    If executed without the United States: I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the 
United States of America that the foregoing is true and correct. 
Executed on (date). (Signature).
    If executed within the United States, its territories, 
possessions, or commonwealths: I declare (or certify, verify, or 
state) under penalty of perjury that the foregoing is true and 
correct. Executed on (date). (Signature).

Record access procedures:
    Individuals seeking to access records about themselves contained in 
this system should address requests to the Law Enforcement and 
Counterintelligence Center Records Manager, Law Enforcement and 
Counterintelligence Center, Joint Task Force--Computer Network 
Operations, 701 South Courthouse Road, Arlington, VA 22204-2164.
    The requester must provide a notarized statement or an unsworn 
declaration made in accordance with 28 U.S.C. 1746, in the following 
format:

    If executed without the United States: I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the 
United States of America that the foregoing is true and correct. 
Executed on (date). (Signature).
    If executed within the United States, its territories, 
possessions, or commonwealths: I declare (or certify, verify, or 
state) under penalty of perjury that the foregoing is true and 
correct. Executed on (date). (Signature).

Contesting record procedures:
    The Air Force rules for accessing records, and for contesting and 
appealing initial agency determinations are published in Air Force 
Instruction 37-132; 32 CFR part 806b; or may be obtained from the 
system manager.

Record source categories:
    From DoD and Military Department records; Federal Agency records; 
foreign law enforcement agencies, security, intelligence, 
investigatory, or administrative authorities; state, county, and 
municipal records; employment records of public schools, colleges, 
universities, technical and trade schools; hospital records; real 
estate agencies; credit bureaus; financial institutions which maintain 
credit information on individuals such as loan and mortgage companies, 
credit unions, banks, etc.; transportation companies (airlines, 
railroad, etc.); other private records sources deemed necessary in 
order to complete an investigation; miscellaneous records such as: 
telephone directories, city directories; Who's Who in America; Who's 
Who in Commerce and Industry; Who Knows What, a listing of experts in 
various fields; American Medical Directory; Martindale-Hubbell Law 
Directory; U.S. Postal Guide; Insurance Directory; Dunn and Bradstreet; 
and the U.S. Navy BIDEX (Biographical Index); any other type of 
miscellaneous records deemed necessary to complete the investigation or 
inquiry; the interview of individuals who have knowledge of the 
subject's background and activities; the interview of witnesses, 
victims, confidential sources, and or other individuals deemed 
necessary to complete the investigation.

Exemptions claimed for the system:
    Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) 
if the information is compiled and maintained by a component of the 
agency that performs as its principle function any activity pertaining 
to the enforcement of criminal laws.
    Investigatory material compiled for law enforcement purposes, other 
than material within the scope of subsection 5 U.S.C. 552a(j)(2), may 
be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is 
denied any right, privilege, or benefit for which he would otherwise be 
entitled by Federal law or for which he would otherwise be eligible, as 
a result of the maintenance of the information, the individual will be 
provided access to the information exempt to the extent that disclosure 
would reveal the identify of a confidential source. NOTE: When claimed, 
this exemption allows limited protection of investigative reports 
maintained in a system of records used in personnel or administrative 
actions.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) published in 32 CFR part 806b. For additional information 
contact the system manager.

[FR Doc. 03-30399 Filed 12-8-03; 8:45 am]
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