[cryptome] Re: FOIPA adventures

  • From: "Douglas Rankine2001" <douglasrankine2001@xxxxxxxxxxx>
  • To: <cryptome@xxxxxxxxxxxxx>
  • Date: Thu, 27 Aug 2015 11:35:23 +0100

I like it... :-). Nice piece of research...tx for the url. Slowlee slowlee
catchee monkee... Old Chinese saying...Anglicised of course...but China is so
much in vogue at the moment, with its leadership suddenly realising that it is
impossible to control the economy through administrative methods. I thought it
appropriate... :-).
ATB
Dougie.

-----Original Message-----
From: cryptome-bounce@xxxxxxxxxxxxx [mailto:cryptome-bounce@xxxxxxxxxxxxx] On
Behalf Of coderman
Sent: 27 August 2015 05:22
To: cryptome@xxxxxxxxxxxxx; cpunks
Subject: [cryptome] Re: FOIPA adventures

On 8/5/15, coderman <coderman@xxxxxxxxx> wrote:

...
able to pre-pay for the most technical report on FBI procurement of
forensic power overrides...
https://www.muckrock.com/foi/united-states-of-america-10/hotpluggedin-
19762/

as expected, this was just a "go away" tactic, and once paid, they took their
time to tell me they must refund, and i must give them an amount, and then they
search, and then they charge me, and then they search some more, and then they
give me the docs.

fuck that! and happy judicial precedent later, i gave this reply:

---

This is a written response regarding payment for FOIA request 1333239-000.
Please be advised that I am NO LONGER WILLING TO PAY FEES and contest the
notion of my request being "commercial use".

Observe that in August, 2015 D.C. Circuit Judge Merrick Garland emphasized that
web-based publishers are as entitled to waivers as newspapers, that outlets
without a following by a broad swath of the general public can qualify for
waivers and that organizations that pass analyzed government documents to media
outlets can be classified as members of the news media under the federal public
records law.

"There is nothing in the statute that specifies the number of outlets a
requester must have, and surely a newspaper is not disqualified if it forsakes
newsprint for (or never had anything but) a website,"
Garland wrote in an opinion joined by Judges Janice Rogers Brown and David
Sentelle. "There is no indication that Congress meant to distinguish between
those who reach their ultimate audiences directly and those who partner with
others to do so..."
-
http://www.cadc.uscourts.gov/internet/opinions.nsf/EF1DE205B4E1264685257EAC004EF78C/$file/13-5335-1569545.pdf

The results of my FOIA requests have been incorporated into popular reporting
in the technical press and wider media, proving the value of this information
to the public and my ability to ultimately reach the public audience through
partner organizations.
Thank you.

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