[cryptome] Re: Fwd: has there ever been a FOIA request leading to initiation of criminal prosecution against the requestor?

  • From: Peter M Howell <300cba@xxxxxxxxx>
  • To: cryptome@xxxxxxxxxxxxx
  • Date: Tue, 9 Jun 2015 10:18:31 +0300

Dougie & Coderman

Apologies for the Jim Bell rant and conspiracy drift.

Back to FOI

Slightly off point, but the basic tactic [* that does not appear to be
'conspiratorial' merely autocratic empowerment of 'rule minders' and other
uncooperative types that are genetically inclined to 'public body
employment' *] adopted to avoid responding to FOI requests is to invoke
section 14(1). There have been several ' vexatious ' defences raised
against FOI requests and three recent cases might lead to new defence
tactics by public bodies seeking to minimize FOI requests.

See: *Dransfield <http://www.osscsc.gov.uk/Aspx/view.aspx?id=3680>*, *Craven
<http://www.osscsc.gov.uk/Aspx/view.aspx?id=3682>* and *Ainslie
<http://www.osscsc.gov.uk/Aspx/view.aspx?id=3681>*, with *Dransfield*
serving as the lead case
Vexatious and manifestly unreasonable requests: definitive guidance from
the Upper Tribunal February 7th, 2013

http://www.panopticonblog.com/2013/02/07/vexatious-and-manifestly-unreasonable-requests-definitive-guidance-from-the-upper-tribunal/

--
Panopticon is a single purpose legal blog that handily distils and comments
upon the FOI, related enquiries , protection of data etc. Incepted January
2009 with monthly commentaries.. enough to distract anyone for a week or
so.

Maurice Frankel, Director of the Campaign for Freedom of Information might
be informative.

cheers

pmh

ps
Extend Freedom of Information rules to include private companies on
Government contracts, suggests Minister.
http://www.independent.co.uk/news/uk/politics/extend-freedom-of-information-rules-to-include-private-companies-on-government-contracts-suggests-minister-9200425.html
.

Vexatious FOI requests were 'harassment' of transport authority.
http://www.out-law.com/page-7797

-------------


I wouldn’t dream of slapping your wrist Peter, too strong a vision of Dr.
Strangelove, Travis Bickle and big govt collecting twaddle from twitter had
me laughing me socks off... J. Compound it with

that last one liner “*I just read the papers and seriously do not want to
change the world, it's so pleasant. *

Had me near falling off me chair and reflects my sentiments exactly... J.



ATB

Dougie.

Education is an admirable thing, but it is well to remember from time to
time that nothing that is worth knowing can be taught. Oscar Wilde in
Philosophies for the Young..

P.S. I hope coderman will forgive me for this diversion, and usurping his
thread...back to the FOIA and prosecuting the requestor...



*From:* cryptome-bounce@xxxxxxxxxxxxx [mailto:cryptome-bounce@xxxxxxxxxxxxx]
*On Behalf Of *Peter M Howell
*Sent:* 08 June 2015 16:26
*To:* cryptome@xxxxxxxxxxxxx
*Subject:* [cryptome] Re: Fwd: has there ever been a FOIA request leading
to initiation of criminal prosecution against the requestor?



Dougie,

Very kind not to slap my wrist for waxing lyrical. I should acknowledge
that anyone reading Cryptome is at least in fourth gear, and has seen it,
if not done it. Lol

You rightly spotted that James Dalton Bell v DoJ is a 'thing' that I have
not quite put aside, and perhaps never will. I think his essay was
unfinished and perceived as wildly provocative because he was and is an
intellectual tearaway. PAM was an effort to put flesh on the bones by Dr.
Strangelove, but both lost the plot with the unrealistic assumption that
threat makes for better behaviour and neither had any real claim to
morality . History teaches us that the nature of man is to push back and
threatening psychopaths with possible assassination was a pointless
affirmation of the bad guys' 'special position'. Rather reminds me of
Travis Bickle in Taxi Driver . 'You talking to me ?' [Threaten me, Kill
you..]

There was simply no way to stop rich psychopaths from gaming the system to
kill off anyone at all. I guess they do it now but but out of sight ...or
they use drone strikes .. lol

I agree that martyrdom is mostly uniquely pointless particularly when there
is no certainty of a good outcome. I suspect that it is a genetically
destructive trait hence the martyrs are few and far flung - and also slow
to spot that early breeding would be a goo idea..

Snowden comes to mind as a case in point. Had a jolly lovely girlfriend
that he 'abandoned' in pursuit of his own lonely exile and so far as I know
has no progeny , so the prospect of a future ''Snowden Mk2'' is
disappearing by the day.

The 'Snowden result' was a pity in the sense that his contained disquiet
was only disrupted by a significant and painful US Mil video feed from a
combat helicopter with audio that clearly showed casual murder... Had he
'outed ' that alone via Wikileaks and gone dark perhaps he would now be
playing in the surf off Waikiki, his girlfriend would be fecund and the
stone cold killer sequence would have been dealt with...or not.

And , we would be neither more nor less under surveillance, something that
is simply not going to go away. The resultant fallout from Snowden is
blame and counter blame between politicians and scapegoats in the NSA,
GCHQ,FBI, MI5-7, Homeland , CIA etc -all of which have lied in public
losing whatever mysterious grace and modest esteem afforded by the general
public 'for good guys that do hard bad things so we can sleep abed at
night'. Surprise surprise, the damn bogey man in the dark creeping about
our houses turns out to be the formerly beloved 007 James Bond and his CIA
pal Felix Leiter.

What Jim Bell helped into the light with the publications by Wired &
Declan McCullagh, [Gov. overreach] Snowden made bright and ugly with his
mostly misapplied whistle-blowing shotgun approach to solving a 'few'
issues by outing the good, the bad and the really ugly, promoted avidly by
the Grundian & Glen Greenwald 'I'm just reporting the facts'.

Behind every good activist and whistle-blower there is a media mover and
lots of $$$$ to be made creating martyrdom - whether the martyred like it
or not.

But where there is no MONEY, we see what happens to whistle blowing free
bloggers like Wikileaks Julian Assange when he strayed from outing bankers
into the slightly more pointed world of outing national SECURITY.

Yours aye

Peter

*I just read the papers and seriously do not want to change the world, it's
so pleasant. *






On 8 June 2015 at 12:50, Douglas Rankine <douglasrankine2001@xxxxxxxxxxx>
wrote:

Hi Coderman,
An optimist is a pessimist who is unaware of the facts... :-).

And also, for the record, neither do I believe in killing human beings,
earthy or otherwise...but I do like good fiction... :-). And also for the
record...If I did, I wouldn't use Bitcoin...:-). The trouble with good
fiction is that it is usually terrible when put into practice.
"All art is quite useless".
Oscar Wilde in a Picture of Dorian Grey.
ATB
Dougie.

-----Original Message-----
From: cryptome-bounce@xxxxxxxxxxxxx [mailto:cryptome-bounce@xxxxxxxxxxxxx]
On Behalf Of coderman
Sent: 08 June 2015 05:45
To: cryptome@xxxxxxxxxxxxx
Subject: [cryptome] Re: Fwd: has there ever been a FOIA request leading to
initiation of criminal prosecution against the requestor?

On 6/4/15, Douglas Rankine <douglasrankine2001@xxxxxxxxxxx> wrote:

...
Not a lot changes in “disruption strategies” then, they are just
bigger and have better technologies.

*grin* an optimist?



P.S. Was that the Jim Bell who wrote that piece of literary fiction
called “Assassination Politics” ?

indeed.
for the record,
i don't advocate killing earth humans! [0]

best regards,



0. the bitcoin bounty i put on my own death, should not be seen as
confirmation of denial of my own earth humanity, however.
https://blockchainbdgpzk.onion/address/1P6yannm6Rx9kkMH5LxmAsi1GdZ4JZG73T

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