| ==Phrack Magazine== |
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| Volume Four, Issue Forty-Two, File 12 of 14 |
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| %@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@% |
| | The Freedom of Information Act and You | |
| | | |
| | by | |
| | Vince Niel | |
| | | |
| %@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@% |
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|
| As we all know of our United State government in the modern era, Big |
| Brother is watching. It is naive to think that we do not live in a world |
| similar to the one described is George Orwell's novel, 1984. The government |
| keeps tabs on everything we do. The federal government has thousands of |
| documents concerning individual citizens. For example: |
|
|
| If you have worked for a federal agency or government contractor or have been |
| a member of any branch of the armed services, the federal government has a |
| file on you. |
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|
| If you have participated in any federally financed project, some agency |
| probably has a record of it. |
|
|
| If you have been arrested by local, state or federal authorities and your |
| fingerprints were taken, the FBI maintains a record of you and that arrest. |
|
|
| If you have applied for or received a student loan or grant certified by the |
| government, the Department of Health, Education, and Welfare has recorded the |
| information. |
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|
| If you have applied for or been investigated for a security clearance for any |
| reason, the Department of Defense has a record of you. |
|
|
| And these records are not just records of application. Take for example |
| the FBI. Once you commit a crime, they are watching you. They update your |
| file every time there is a major occurrence in your life i.e. marriage, |
| hospitalization, joining the military, committing another crime, etc. If they |
| find the least likelihood of suspicion, they investigate you in depth to add |
| even more to your file. People do not even realize how large their FBI file |
| is. |
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|
| If you were ever on a pirate board that got busted, and you had your info |
| on there, all the users' info on the bulletin board is transferred to the |
| federal government. There a file is opened up for each individual user. And |
| if you ever get in trouble with the law, that file will be opened up and used |
| against you if necessary. Before I continue, I would like to site an example |
| of a man who ordered his file from the army. This file was created when he |
| applied for a security clearance with the military years before. In it said: |
|
|
| ... He owed 50 cents to his high school for not returning his locker key. |
| ... He dated 2 or 3 times a week, and was not intimate with his dates. |
| ... He was irresponsible because he owed a $5 jaywalking ticket in Seattle. |
|
|
| So what can you do about this big bureaucratic machine we call our |
| government? Simple, fight back! The Freedom of Information Act (FOIA as it |
| will be referred to) was passed and allows you to obtain your personal records |
| from any governmental agency. A typeup of most of the agencies plus the |
| actual act can be found at the end of this file. |
|
|
| There are restrictions to the act, but it can be quite useful to any |
| individual who has had run-ins with the law or who just wants to know what the |
| federal government has on him. You can even go to court against the |
| government if a document is denied to you and you think you deserve to see it. |
| The act is not widely know, and for good reason. The government doesn't want |
| you to know what they are doing. But alas, the information will be set free, |
| the people have a right to know! |
|
|
| And don't think that the only interesting documents are the ones from the |
| FBI and CIA. Fascinating documents can be gotten from the IRS, Department of |
| Health, Department of Schools, Federal Traffic Administration, HUD, National |
| Credit Union, with information you will never believe people who actually |
| store about you. |
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|
| The Specifics of Asking For Your Personal File From a Particular Agency |
| ----------------------------------------------------------------------- |
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| First of all, I would like to bring up a major misconception people make. |
| Most people assume that if you ask for your file from the FBI, and there isn't |
| a file on you, one will be created for you. That is an untrue and extremely |
| paranoid statement. The government has better things to do then open up files |
| on curious citizens. And even if by some remote chance they do open up a file |
| for you, who cares? They have a files on millions of people, its not like it |
| will hinder you in life. Just be careful out there, that is all I can say. |
|
|
| The most important thing that can be done when asking for information from |
| a governmental agency under the FOIA is to make it as brief, concise, and |
| specific as possible. In this way, you will get your information, or refusal |
| as soon as possible, and you will also curb copying fees (which will be |
| discussed later). First you have to find the agency that concerns you. If |
| you are not sure which agency to apply to, send your letter to more than one. |
| There will be a list of agencies at the end of this file, but a complete list |
| of agencies can be found in the United States Government Manual. This can be |
| found at any library. |
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|
| The request should be addressed to the agency's FOIA officer or to the |
| head of the specific agency. Most agencies have a secretary to deal with all |
| the FOIA applications. The smaller agencies, which you probably will not be |
| concerned with, might not have an officer. On the bottom left hand corner of |
| the envelope "Freedom of Information Act Request" should be printed legibly. |
| This guarantees that your letter won't get caught in the paperwork shuffle. |
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|
| All agencies has FOIA regulation that you should look at. They do not |
| want to send out 'sensitive' documents and whatnot. These regulations also |
| describe the request process in detail. Here you can also find out what |
| specific document you are looking for, reducing fees from the agency. These |
| regulations can be found in "The Code of Federal Regulations", which can also |
| be found at your local library. |
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| Most agencies require that you get your letter 'notarized' or they won't |
| even look at it. This prevents you from impersonating someone else and |
| getting their file. To get your letter notarized, all you have to do is go to |
| your local bank. Show some proof that the person signing the letter is you |
| (with an id or something) and they will notarize it. Now the government has |
| no excuse for not taking your letter. |
| There are four parts to an FOIA request letter: |
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| 1) Request being made under the FOIA. |
| 2) Records that are sought, as specifically as possible. |
| 3) Name and address of the person requesting the information. Telephone |
| number is not necessary, but you will find out about the outcome of |
| your request much quicker. |
| 4) How much money you are willing to spend for the document (explained |
| later). |
|
|
| Here is a sample letter, just fill in your information: |
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| ----------------------------------------------------------------------------- |
|
|
| Agency Head [or Freedom of Information Act Officer] |
| Name of Agency |
| Address of Agency |
| City, State, Zip Code |
|
|
| Re: Freedom of Information Act Request |
|
|
| I request a copy of the following documents [or documents containing the |
| following information if you do not know the specific name of the document] be |
| provided for me: [identify the documents as accurately as possible] |
|
|
| In order to help determine my status to assess fees, you should know that |
| I am an individual seeking information for personal use and not for commercial |
| use. [always, always say you are an individual. That way, you will not have |
| to pay extra fees because you are part of the media or a commercial endeavor.] |
|
|
| [Optional] I am willing to pay fees for this request up to a maximum of |
| $__. If you estimate the fees will exceed this limit, please inform me first. |
|
|
| [Optional] I request a waiver of all fees for this request. Disclosure of |
| the requested information to me is in the public interest because it is likely |
| to contribute significantly to public understanding of the operations or |
| activities of the government and is not primarily in my commercial interest |
| [include specific information]. |
|
|
| Thank you for your consideration of this request. |
|
|
| Sincerely, |
|
|
| Name |
| Address |
| City, State, Zip Code |
| Telephone Number [Optional] |
| ----------------------------------------------------------------------------- |
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|
| Some of the things in the letter may not be understood at first, but I will |
| get to them. |
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| Money: |
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| As you might have guessed, getting information under the FOIA is not free, |
| but it can be cheapened if you play your cards right. As specified in the |
| letter, always say that you are an individual seeking information not for |
| commercial purposes. Review is the process of going through documents and |
| checking if they can be sent to you or not. Under the law, if you are a |
| private individual and are not requesting information for commercial purposes, |
| you cannot be charged with review fees! |
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|
| All agencies have set fees for copying a document. Fees can also be taken |
| for searching for a document. If you are an individual, you will be charged |
| the least amount of money. Of course, if you have no idea in hell what the |
| name of the document is, and you are stabbing in the dark it is a good idea to |
| write in a set amount you are willing to spend. When the amount is reached, |
| you will be notified. This is in the letter above. |
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| You don't want to be jacked for a bill of 150 bucks if you send them a |
| letter 'just send me everything you got on me'. Even if you have no idea what |
| they have, you can say 'please send me all the dossiers, legal documents, and |
| records you have under my name'. Remember, the government likes bureaucratic |
| bullshit. If you do not phrase you letter right, they will nail you on it. A |
| lot of agencies will waive the cost of processing if it is under $3, and even |
| if you receive a bill, it should not exceed 5-10 dollars. |
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| If you can somehow prove that by accessing this information, it will help |
| the general public understand how the government works, you can waive the fee |
| altogether. If through some form of shrewd doublespeak you can think of |
| something clever to satisfy this obligation, you can then request huge amounts |
| of documents, without paying a cent for them. |
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| Restrictions: |
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| Of course, there are restrictions to the Freedom of Information Act. Some |
| documentation may be said to be sensitive and out of reach of the public eye. |
| Any refusal to grant information through the FOIA may be taken to court, and |
| won. In the act, it states that cases brought up because of the FOIA should |
| be put first on the court docket and tried as soon as possible. Its always |
| worth a try. |
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|
| When a record contains some information that is withheld, it does not |
| necessarily mean that the whole record is exempt. The federal agency is |
| obliged to cut out the portion that is sensitive, and send you the portion it |
| can disclose. The agency must also give you a reason why it cut out this |
| portion of the document. |
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| Here are a few of the reasons for exemption: |
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| 1) Classified Documents - Classified Documents may be withheld. The documents |
| may be classified in the interest of national defense and foreign policy. |
| Classified documents may still be requested. The agency will review the |
| document to determine whether it still needs protection. If a requested |
| document is already declassified, it can be easily requested. |
|
|
| 2) Internal Personal Rules and Practices - This exemption covers matters |
| related to an agency's internal rules and practices. Requests for Internal |
| schedules, administrative manuals and the like can be refused. |
|
|
| 3) Confidential Business Information - Trade secrets or commercially valuable |
| plans do not have to be released. Commercial or financial information does |
| not also have to be released, as it might hurt an individual. |
|
|
| 4) Personal Privacy - This covers personnel, medical, and similar files of |
| which disclosed would interfere with personal privacy. This exemption has |
| importance because it prevents a commercial business from getting |
| information about you. At the same time, it allows you to get private |
| information stored about yourself. This is why it is important to get your |
| letter notarized. |
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| 5) Law Enforcement - This allows law enforcement agencies to withhold law |
| enforcement records in order to protect themselves and others. If there is |
| a trial going on, you can't request your file. Its smart to get your file |
| from the feds now, while you still can. Don't wait until you get in some |
| serious shit, and then you don't even know what they have on you! If you |
| know what they have on you, you know how to fight back. |
|
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| If you request does get refused, there is still hope. If you think that |
| under the FOIA's legal terms you deserve to have the document, you can send a |
| letter of appeal. This letter can also be used to argue that their processing |
| charge was unfair. The appeal letter is shown below: |
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| ------------------------------------------------------------------------------ |
|
|
| Agency Head or Appeal Officer |
| Name of Agency |
| Address of Agency |
| City, State, Zip Code |
|
|
| Re: Freedom of Information Act Appeal |
|
|
| Dear: |
| This is an appeal under the Freedom of Information Act. |
|
|
| On (date), I requested documents under the Freedom of Information Act. My |
| request was assigned the following identification number: ______. On (date), |
| I received a response to my request in a letter signed by (name of official). |
| I appeal the denial of my request. |
|
|
| [Optional] The documents that were withheld must be disclosed under the |
| FOIA because... |
|
|
| [Optional] I appeal the decision to deny my request for a waiver of fees. |
| I believe that I am entitles to a waiver of fees. Disclosure of the documents |
| I requested is in the public interest because the information is likely to |
| contribute significantly to public understanding of the operations or |
| activities of government and is not primarily in my commercial interest. |
| (Provide Details) |
|
|
| [Optional] I appeal the decision to require me to pay review costs for |
| this request. I am not seeking this document for commercial use. (Provide |
| Details) |
|
|
|
|
| Thank you for your consideration of this appeal. |
|
|
| Sincerely, |
|
|
| Name |
| Address |
| City, State, Zip Code |
| Telephone Number [Optional] |
| ------------------------------------------------------------------------------ |
|
|
|
|
| Here is a listing of a few government agencies that hold records on individual |
| citizens: |
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|
| Agriculture |
| Department of Agriculture |
| Washington, D.C. 20250 |
|
|
| Air Force |
| Department of the Air Force |
| The Pentagon |
| Washington, D.C. 20330 |
|
|
| Alcohol, Drug Abuse, and Mental Health |
| Alcohol, Drug Abuse, and Mental Health Administration |
| 5600 Fisher Lane |
| Rockville, Maryland 20857 |
|
|
| Alcohol, Tobacco and Firearms |
| Bureau of Alcohol, Tobacco, and Firearms |
| 1200 Pennsylvania Avenue, N.W. |
| Washington, D.C. 20226 |
|
|
| American Battle Monuments |
| American Battle Monuments Commission: |
| 40014 Forrestal Bldg. |
| Washington, D.C. 20314 |
|
|
| Appalachian Regional |
| Appalachian Regional Commission: |
| 1666 Connecticut Avenue, N.W. |
| Washington, D.C. 20235 |
|
|
| Arms Control and Disarmament |
| U.S. Army Control and Disarmament Agency |
| 320 21st Street |
| Washington, D.C. 20451 |
|
|
| Army |
| Department of the Army |
| The Pentagon |
| Washington, D.C. 20314 |
|
|
| Census |
| Bureau of the Census |
| Federal Building 3 |
| Washington, D.C. 20233 |
|
|
| CIA |
| Central Intelligence Agency |
| Washington, D.C. 20505 |
|
|
| Civil Aeronautics |
| Civil Aeronautics Board |
| 1825 Connecticut Avenue, N.W. |
| Washington, D.C. 20428 |
|
|
| Civil Rights |
| Civil Rights Commission |
| 1121 Vermont Avenue, N.W. |
| Washington, D.C. 20425 |
|
|
| Civil Service |
| Civil Service Commission |
| 1900 E Street, N.W. |
| Washington, D.C. 20415 |
|
|
|
|
| Coastal Plains |
| Coastal Plains Regional Commission |
| 1725 K Street, N.W. |
| Washington, D.C. 20006 |
|
|
| Commerce |
| Department of Commerce |
| Washington, D.C. 20230 |
|
|
| Community Services |
| Community Services Administration |
| 1200 19th Street, N.W. |
| Washington, D.C. 20506 |
|
|
| Consumer Product Safety |
| Consumer Product Safety Commission |
| 1111 18th Street, N.W. |
| Washington, D.C. 20207 |
|
|
| Copyright Office |
| Copyright Office |
| Library of Congress |
| Washington, D.C. 20559 |
|
|
| Customs Service |
| U.S. Customs Service |
| 1301 Constitution Avenue, N.W. |
| Washington, D.C. 20229 |
|
|
| Defense |
| Department of Defense |
| The Pentagon |
| Washington, D.C. 20301 |
|
|
| Defense Contracts Audits |
| Defense Contracts Audits Agency |
| Cameron Station |
| Alexandria, Virginia 22314 |
|
|
| Defense Intelligence |
| Defense Intelligence Agency |
| RDS-3A |
| Washington, D.C. 20301 |
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|
| Defense Investigation |
| Defense Investigative Services |
| D0020 |
| Washington, D.C. 20304 |
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|
| Defense Logistical |
| Defense Logistical Agency |
| Cameron Station |
| Alexandria, Virginia, 22314 |
|
|
| Defense Mapping |
| Defense Mapping Agency |
| Naval Observatory |
| Washington, D.C. 20305 |
|
|
| Disease Control |
| Center for Disease Control |
| Atlanta, Georgia 30333 |
|
|
| Economic Development |
| Economic Development Administration |
| Department of Commerce |
| 14th & Constitution Avenue, N.W. |
| Washington, D.C. 20230 |
|
|
| Education |
| Office of Education |
| 400 Maryland Avenue, S.W. |
| Washington, D.C. 20202 |
|
|
| Energy |
| Department of Energy |
| U.S. Department of Energy |
| Washington, D.C. 20461 |
| EPA |
| Environmental Protection Agency |
| 401 M Street, S.W. |
| Washington, D.C. 20460 |
|
|
| Environmental Quality |
| Council on Environmental Quality |
| 722 Jackson Place, N.W. |
| Washington, D.C. 20006 |
|
|
| Equal Employment Opportunity |
| Equal Employment Opportunity Commission |
| 2401 E Street, N.W. |
| Washington, D.C. 20506 |
|
|
| Export-Import Bank |
| Export-Import Bank of the U.S. |
| 811 Vermont Avenue, N.W. |
| Washington, D.C. 20571 |
|
|
| FAA |
| Federal Aviations Administration |
| 800 Independence Avenue, S.W. |
| Washington, D.C. 20591 |
|
|
| FBI |
| Federal Bureau of Investigation |
| 9th and Pennsylvania Avenue, N.W. |
| Washington, D.C. 20535 |
|
|
| FCC |
| Federal Communications Commission |
| 1919 M Street, N.W. |
| Washington, D.C. 20554 |
|
|
| Federal Elections |
| Federal Election Commission |
| 550 17th Street, N.W. |
| Washington, D.C. 20463 |
|
|
| Federal Highways |
| Federal Highway Administration |
| 400 7th Street, S.W. |
| Washington, D.C. 20590 |
|
|
| Federal Power |
| Federal Power Commission |
| 825 North Capitol Street |
| Washington, D.C. 20426 |
|
|
| Federal Trade |
| Federal Trade Commission |
| 6th and Pennsylvania Avenue, N.W. |
| Washington, D.C. 20580 |
|
|
| Food and Drug |
| Food and Drug Administration |
| 5600 Fisher Lane |
| Rockville, Maryland 20857 |
|
|
| Foreign Claims Settlement |
| Foreign Claims Settlement Commission |
| 1111 20th Street, N.W. |
| Washington, D.C. 20579 |
|
|
| General Accounting |
| General Accounting Office |
| 441 G. Street, N.W. |
| Washington, D.C. 20548 |
|
|
| General Services |
| General Services Administration |
| 18th and F Streets, N.W. |
| Washington, D.C. 20405 |
|
|
| Health, Education, and Welfare |
| U.S. Department of Health, Education, and Welfare |
| 200 Independence Avenue, S.W. |
| Washington, D.C. 20201 |
|
|
| Health Resources |
| Health Resources Administration |
| 3700 East West Highway |
| Hyattsville Maryland 20782 |
|
|
| Health Services |
| Health Services Administration |
| 5600 Fisher Lane |
| Rockville, Maryland 20857 |
|
|
| HUD |
| Department of Housing and Urban Development |
| Washington, D.C. 20410 |
|
|
| Immigration and Naturalization |
| Immigration and Naturalization Service |
| 425 I Street, N.W. |
| Washington, D.C. 20536 |
|
|
| Information Agency |
| U.S. Information Agency |
| 1750 Pennsylvania Avenue, N.W. |
| Washington, D.C. 20547 |
|
|
| Interior |
| Department of the Interior |
| 18th and C Street, N.W. |
| Washington, D.C. 20240 |
|
|
| IRS |
| Internal Revenue Service |
| 1111 Constitution Avenue, N.W. |
| Washington, D.C. 20224 |
|
|
| International Development |
| Agency for International Development |
| 21st and Virginia Avenue, N.W. |
| Washington, D.C. 20532 |
|
|
| International Trade |
| International Trade Commission |
| 701 E Street, N.W. |
| Washington, D.C. 20436 |
|
|
| ICC |
| Interstate Commerce Commission |
| 12th and Constitutional Avenue, N.W. |
| Washington, D.C. 20423 |
|
|
| Justice |
| Department of Justice |
| Washington, D.C. 20530 |
|
|
| Labor |
| Department of Labor |
| Washington, D.C. 20210 |
|
|
| Law Enforcement Assistance |
| Law Enforcement Assistance Administration |
| 633 Indiana Avenue, N.W. |
| Washington, D.C. 20230 |
|
|
| National Aeronautics and Space |
| National Aeronautics and Space Administration |
| 400 Maryland Avenue, S.W. |
| Washington, D.C. 20546 |
|
|
| National Archives and Records |
| National Archives and Records Service |
| Washington, D.C. 20408 |
|
|
| National Credit Union |
| National Credit Union Administration |
| 2025 M Street, N.W. |
| Washington, D.C. 20506 |
|
|
| National Endowment for the Arts |
| National Endowment for the Arts |
| 806 15th Street, N.W. |
| Washington, D.C. 20506 |
|
|
| National Endowment for Humanities |
| National Endowment for Humanities |
| 806 15th Street, N.W. |
| Washington, D.C. 20506 |
|
|
| National Highway Traffic Safety |
| National Highway Traffic Safety Administration |
| 400 7th Street, S.W. |
| Washington, D.C. 20590 |
|
|
| National Institute of Education |
| National Institute of Education |
| 1200-19th Street, N.W. |
| Washington, D.C. 20208 |
|
|
| National Institute of Health |
| National Institute of Health |
| 9000 Rockville Pike |
| Rockville, Maryland 20014 |
|
|
| National Labor Relations |
| National Labor Relations Board |
| 1717 Pennsylvania Avenue, N.W. |
| Washington, D.C. 20570 |
|
|
| National Science Foundation |
| National Science Foundation |
| 1800 G Street, N.W. |
| Washington, D.C. 20550 |
|
|
| National Security Agency |
| National Security Agency |
| Fort George Meade, Maryland 20755 |
|
|
| National Security Council |
| National Security Council |
| Old Executive Office Building |
| Washington, D.C. 20506 |
|
|
| National Transportation Safety |
| National Transportation Safety Board |
| 800 Independence Avenue, S.W. |
| Washington, D.C. 20594 |
|
|
| Navy |
| Department of the Navy |
| The Pentagon |
| Washington, D.C. 20350 |
|
|
| Nuclear Regulation |
| Nuclear Regulatory Commission |
| Washington, D.C. 20555 |
|
|
|
|
|
|
| Overseas Private Investment |
| Overseas Private Investment Corporation |
| 1129 20th Street, N.W. |
| Washington, D.C. 20527 |
|
|
| Postal Service |
| U.S. Postal Service |
| 475 L'Enfant Plaza, S.W. |
| Washington, D.C. 20260 |
|
|
| Prisons |
| Bureau of Prisons |
| 320 First Street, N.W. |
| Washington, D.C. 20534 |
|
|
| Public Health |
| Public Health Service |
| 200 Independence Avenue, S.W. |
| Washington, D.C. 20201 |
|
|
| Secret Service |
| U.S. Secret Service |
| 1800 G Street, N.W. |
| Washington, D.C. 20223 |
|
|
| Securities and Exchange |
| Securities and Exchange Commission |
| 500 North Capitol Street |
| Washington, D.C. 20435 |
|
|
| Selective Service |
| Selective Service System |
| 600 E Street, N.W. |
| Washington, D.C. 20435 |
|
|
| Small Business |
| Small Business Administration |
| 1441 L Street, N.W. |
| Washington, D.C. 20416 |
|
|
| Social Security |
| Social Security Administration |
| 6401 Security Blvd. |
| Baltimore, Maryland 21235 |
|
|
| State |
| Department of State |
| Washington, D.C. 20520 |
|
|
| Transportation |
| Department of Transportation |
| 400 7th Street, S.W. |
| Washington, D.C. 20590 |
|
|
| Treasury |
| Department of the Treasury |
| 1500 Pennsylvania Avenue, N.W. |
| Washington, D.C. 20220 |
|
|
| Urban Mass Transit |
| Urban Mass Transit Administration |
| 400 7th Avenue, S.W. |
| Washington, D.C. 20590 |
|
|
| Veterans |
| Administration |
| Vermont Avenue, N.W. |
| Washington, D.C. 20420 |
|
|
| Here is a copy of the Freedom of Information Act and all of its |
| amendments. It may prove to have some usefulness. You might want to read |
| through it to understand the law better. I would not recommend reading it if |
| you are in a suicidal state. |
|
|
| ------------------------------------------------------------------------------ |
|
|
| FULL TEXT OF FREEDOM OF INFORMATION ACT, |
| AS AMENDED IN 1974 BY PUBLIC LAW 93-502 |
|
|
|
|
| % 552 Public Information; agency rules, opinions, orders, records, and |
| proceedings |
| (a) Each agency shall make available to the public information as follows: |
| (1) Each agency shall separately state and currently publish in the Federal |
| Register for the guidance of the public- |
| (A) descriptions of its central and field organization and the |
| established places at which, the employees (and in the case of a |
| uniformed service, the members) from whom, and the method whereby, the |
| public may obtain information, make submittals or requests, or obtain |
| decisions; |
| (B) statements of the general course and method by which its functions |
| are channeled and determined, including the nature and requirements of |
| all formal and informal procedures available; |
| (C) rules of procedures, descriptions of forms available or the places |
| at which forms may be obtained, and instructions as to the scope and |
| contents of all papers, reports, or examinations; |
| (D) substantive rules of general applicability adopted as authorized by |
| law, and statements of general policy or interpretations of general |
| applicability formulated and adopted by the agency; and |
| (E) each amendment, revision, or repeal of the foregoing. |
|
|
| Except to the extent that a person has actual and timely notice of the terms |
| thereof, a person may not in any manner be required to resort to, or be |
| adversely affected by, a matter required to be published in the Federal |
| Register and not so published. For the purpose of this paragraph matter |
| reasonably available to the class of persons affected thereby is deemed |
| published in the Federal Register when incorporated by reference therein with |
| the approval of the Director of the Federal Register. |
| (2) Each agency, in accordance with published rules, shall make available |
| for public inspection and copying- |
| (A) final opinions, including concurring and dissenting opinions, as |
| well as orders, made in the adjudication of cases; |
| (B) those statements of policy and interpretations which have been |
| adopted by the agency and are not published in the Federal Register; and |
| (C) administrative staff manuals and instructions to staff that affect |
| a member of the public; |
|
|
| unless the materials are promptly published and copies offered for sale. To |
| the extent required to prevent a clearly unwarranted invasion of personal |
| privacy, an agency may delete identifying details when it makes available or |
| publishes an opinion, statement of policy, interpretation, or staff manual or |
| instruction. However, inn each case the justification for the deletion shall |
| be explained clearly in writing. Each agency shall also maintain and make |
| available for public inspection and copying current indexes providing |
| identifying information for the public as to any matter issued, adopted, or |
| promulgated after July 4, 1967, and required by this paragraph to be made |
| available or published. Each agency shall promptly, quarterly or more |
| frequently, and distribute (by sale or otherwise) copies of each index or |
| supplement thereto unless it determines by order published in the Federal |
| Register that the publication would be unnecessary and impracticable, in which |
| case the agency shall nonetheless provide copies of such index on request at a |
| cost not to exceed the direct cost of duplication. A final order, opinion, |
| statement of policy, interpretation, or staff manual or instruction that |
| affects a member of the public may be relied on, used, or cited as precedent |
| by an agency against a party other than an agency only if- |
| (i) it has been indexed and either made available or published as |
| provided by this paragraph; or |
| (ii) the party has actual and timely notice of the terms thereof. |
| (3) Except with respect to the records made available under paragraphs (1) |
| and (2) of this subsection, each agency, upon any request for records which |
| (A) reasonably describes such records and (B) is made in accordance with |
| published rules stating the time, place, fees (if any), and procedures to be |
| followed, shall make the records promptly available to any person. |
| (4)(A) In order to carry out the provisions of this section, each agency |
| shall promulgate regulations, pursuant to notice and receipt of public |
| comment, specifying a uniform schedule of fees applicable to all constituent |
| units of such agency. Such fees shall be limited to reasonable standard |
| charges for documents search and duplication and provide for recovery of only |
| the direct costs of such search and duplication. Documents shall be furnished |
| without charge or at a reduced charge where the agency determines that waiver |
| or reduction of the fee is in the public interest because furnishing the |
| information can be considered as primarily benefiting the general public. |
| (B) On complaint, the district court of the United States in the district |
| in which the complainant resides, or has his principal place of business, |
| or in which the agency records are situated, or in the District of |
| Columbia, has jurisdiction to enjoin the agency from withholding agency |
| records and to order the production of any agency records improperly |
| withheld from the complainant. In such a case the court shall determine |
| the matter de novo, and may examine the contents of such agency records in |
| camera to determine whether such records or any part thereof shall be |
| withheld under any of the exemptions set forth in subsection (b) of this |
| section, and the burden is on the agency to sustain its action. |
| (C) Notwithstanding any other provision of law, the defendant shall serve |
| an answer or otherwise plead to any complaint made under the |
| subsection within thirty days after service upon the defendant of the |
| pleading i which such complaint is made, unless the court otherwise |
| directs for good cause shown. |
| (D) Except as to cases the court considers of greater importance, |
| proceedings before the district court, as authorized by this |
| subsection, and appeals therefrom, take precedence on the docket over |
| all cases and shall be assigned for hearing and trial or for argument |
| at the earliest practicable date and expedited in every way. |
| (E) The court may assess against the United States reasonable attorney |
| fees and other litigation costs reasonably incurred in any case under |
| this section in which the complainant has substantially prevailed. |
| (F) Whenever the court orders the production of any agency records |
| improperly withheld from the complainant and assesses against the |
| United States reasonable attorney fees and other litigation costs, |
| and the court additionally issues a written finding that the |
| circumstances surrounding the withholding raise we questions whether |
| agency personnel acted arbitrarily or capriciously with respect to |
| the withholding, the Civil Service Commission shall promptly initiate |
| a proceeding to determine whether disciplinary action is warranted |
| against the officer or employee who was primarily responsible for the |
| withholding. The Commission, after investigation and consideration of |
| the evidence submitted, shall submit its findings and recommendations |
| to the administrative authority of the agency concerned and shall |
| send copies of the findings and recommendations to the officer or |
| employee or his representative. The administrative authority shall |
| take the corrective action that the Commission recommends. |
| (G) In the event of noncompliance with the order of the court, the |
| district court may punish for contempt the responsible employee, and |
| in the case of a uniformed service, the responsible member. |
| (5) Each agency having more than one members shall maintain and make |
| available for public inspection a record of the final votes of each member in |
| every agency proceeding. |
| (6)(A) Each agency, upon any request for records made under paragraph |
| (1),(2), or (3) of the subsection, shall- |
| (i) determine within ten days (except Saturdays, Sundays, and legal |
| public holidays) after the receipt of any such request whether to comply |
| with such request and shall immediately notify the person making such |
| request of such determination and the reasons therefor, and of the right |
| of such person to appeal to the head of the agency and adverse |
| determination; and |
| (ii) make a determination with respect to any appeal within twenty days |
| (excepting Saturdays, Sundays, and legal public holidays) after the |
| receipt of such appeal. If on appeal the denial of the request for |
| records is in whole or in part upheld, the agency shall notify the person |
| making such request of the provisions for judicial review of that |
| determination under paragraph (4) of this subsection. |
| (B) In unusual circumstances as specified in this subparagraph, the time |
| limits prescribed in either clause (i) or clause (ii) of subparagraph (A) |
| may be extended by written notice to the person making such request setting |
| forth the reasons for such extension and the date on which a determination |
| is expected to be dispatched. NO such notice shall specify a date that |
| would result in an extension for more than ten working days. As used in |
| this subparagraph, "unusual circumstances" means, but only to the extent |
| reasonably necessary to the proper processing of the particular request- |
| (i) the need to search for and collect the requested records from field |
| facilities or other establishments that are separate from the office |
| processing the request; |
| (ii) the need to search for, collect, and appropriately examine a |
| voluminous amount of separate and distinct records which are demanded in |
| a single request; or |
| (iii) the need for consultation, which shall be conducted with all |
| practicable speed, with another agency having a substantial interest in |
| the determination of the request or among two or more components of the |
| agency having substantial subject-matter interest therein. |
| (C) Any person making a request to any agency for records under paragraph |
| (1), (2), or (3) of this subsection shall be deemed to have exhausted his |
| administrative remedies with respect to such request if the agency fails |
| comply with the applicable time limit provisions of this paragraph. If the |
| Government can show exceptional circumstances exist and that the agency is |
| exercising due diligence in responding to the request, the court may retain |
| jurisdiction and allow the agency addition time to complete its review of |
| the record. Upon any determination by an agency to comply with a request |
| for records, the records shall be made promptly available to such person |
| making such request. Any notification of denial of any request for records |
| under this subsection shall set forth the names and titles or positions of |
| each person responsible for the denial of such request. |
| (b) This section does not apply to matters that are- |
| (1) (A) specifically authorized under criteria established by an Executive |
| Order to be kept secret in the interest of national defense or foreign policy |
| and (B) are in fact properly classified pursuant to each Executive Order; |
| (2) related solely to the internal personnel rules and practices of the |
| agency; |
| (3) specifically exempted from disclosure by statute; |
| (4) trade secrets and commercial or financial information obtained from a |
| person and privileged or confidential; |
| (5) inter-agency or intra-agency memorandums or letters which would not be |
| available by law to a party other than an agency in litigation with the |
| agency; |
| (6) personnel and medical files and similar files the disclosure of which |
| would constitute a clearly unwarranted invasion of personal privacy; |
| (7) investigatory records compiled for law enforcement purposes, but only to |
| the extent that the production of such records would (A) interfere with |
| enforcement proceeding, (B) deprive a person of a right to a fair trial or an |
| impartial adjudication, (C) constitute an unwarranted invasion of personal |
| privacy, (D) disclose the identity of a confidential source and, in the case |
| of a record compiled by a criminal law enforcement authority in the course of |
| a criminal investigation, or by an agency conducting a lawful national |
| security intelligence investigation, confidential information only furnished |
| by the confidential source, (E) disclose investigative techniques and |
| procedures, or (F) endanger the life or physical safety of law enforcement |
| personnel; |
| (8) contained in or related to examination, operating or condition reports |
| prepared by, one behalf of, or for the use of an agency responsible for the |
| regulation or supervision of financial institutions; or |
| (9) geological and geophysical information and data, including maps, |
| concerning wells. |
|
|
| Any responsible segregable portion of a record shall be provided to any person |
| requesting such record after deletion of the portions which are exempt under |
| the subsection. |
| (c) This section does not authorize withholding of information or limit the |
| availability of records to the public, except as specifically stated in this |
| section. This section is not authority to withhold information from Congress. |
| (d) On or before March 1 of each calendar year each agency shall submit a |
| report covering the preceding calendar year to the Speaker of the House of |
| Representatives and President of the Senate for referral to the appropriate |
| committees of Congress. The report shall include- |
| (1) the number of determinations made by such agency not to comply with |
| requests for records made to such agency under subsection (a) and the reasons |
| for each determination; |
| (2) the number of appeals made by persons under subsection (a)(6), the |
| result of such appeals, and the reason for the action upon each appeal that |
| results in a denial of information; |
| (3) the names and titles or positions of each person responsible for the |
| denial of records requested under this section, and the number of instances |
| for participation of each; |
| (4) the results of each proceeding conducted pursuant to subsection |
| (a)(4)(F), including a report of the disciplinary action taken against the |
| officer or employee who was primarily responsible for improperly withholding |
| records or an explanation of why disciplinary action was not taken; |
| (5) a copy of every rule made by such agency regarding this section; |
| (6) a copy of the fee schedule and the total amount of fees collected by the |
| agency for making records available under this section; and |
| (7) such other information as indicates efforts to administer fully this |
| section. |
|
|
| The Attorney General shall submit an annual report on or before March 1 of |
| each calendar year which shall include for the prior year a listing of the |
| number of cases arising under this section, the exemption involved in each |
| case, the disposition of such case, and the cost, fees, and penalties assessed |
| under subsections (a)(4)(E),(F), and (G). Such report shall also include a |
| description of the efforts undertaken by the Department of Justice to |
| encourage agency compliance with this section. |
| (e) for purposes of this section, the term "agency" is defined in section |
| 551(1) of this title includes any executive department, military department, |
| Government corporation, Government controlled corporation, or other |
| establishment in the executive branch of the Government (including the |
| Executive Office of the President), or any independent agency. |
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|
|
| In Conclusion: |
|
|
| The Freedom of Information Act is a powerful tool that can be used to |
| benefit yourself and to find out what the feds keep in their log books on you. |
| Use it, just don't abuse it. It gives the individual much power over the |
| government. We no longer have to prove a reason to know the information, but |
| we have a right to know the information. Its the government's job to keep the |
| information away from us. I would also like to mention that regulations and |
| all documents that agencies carry can be found in any major library. This |
| will save you cash and frustration. Anyways, keep the faith, its not that bad |
| out there. And watch comedy central, its good for you. |
|
|
| Greets to: All the good users on atdt, the works, tlitd. Stargazer, daemon, |
| joker, shadow, the hopeless warez fanatics. Deranged derelict, jt, and all |
| the other virtual friends I forgot. |
|
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