[free-sklyarov] FOIA request to the DOJ

Paul Gowder paul at paultopia.net
Wed Aug 8 19:08:05 PDT 2001

I've sent the following FOIA request to DOJ.  Lets see what their response 
is.  (Ignore #s 3 and 4 -- they're not directly Dmitry related, but I'd 
kinda like to know what their plan is for the upcoming FTAA protests, which 
of course are related to global corporate power, which is of course what 
got Dmitry locked up in the first place.)


FOIA/PA Mail Referral Unit
Justice Management Division,
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001


Dear FOI Officer:

Pursuant to the federal Freedom of Information Act, 5 U.S.C. s. 552, I 
request access to and copies of

1)      All records pertaining to all criminal prosecutions and/or civil 
enforcement actions where the U.S. Government or any branch or employee 
thereof is the plaintiff, where civil or criminal actions were brought or 
file under the Digital Millennium Copyright Act, or under any other 
provision of the Copyright Act, provided such suit or prosecution was 
initiated or had not been subject to a final judgment or settlement on any 
day after January 1, 1997.

2)      All records of investigation or arrest into any civil or criminal 
action under the Copyright Act, including the Digital Millennium Copyright 
act, that did not result in filing of suit or criminal prosecution, if such 
investigation was not completed before January 1, 1997.

3)      All records of any federal investigation, arrest, surveillance, 
intelligence, or other law enforcement action related to upcoming protests 
or other political activity in Washington D.C. in September and October 
2001 relating to economic globalization, "free trade" or international 
treaties and organizations relating to international commerce.

4)      All records of any federal planning or local planning, were records 
are in the possession of the Justice Department, to segregate portions of 
Washington D.C., create "no-protest zones" or similar areas where political 
activity is forbidden or regulated beyond the norm, or in any other fashion 
to increase or change law enforcement activity and regulate political 
activity in Washington, D.C. in September and October, 2001.

5)      Any listing currently existing of federal arrest and/or 
prosecutions following the filing of a criminal complaint, report, or other 
official method of seeking federal criminal prosecution after January 1, 
1991, providing that a) such complaint, report, etc. was filed by a 
corporation or agent of a corporation acting at the behest of a 
corporation, b) the crime arrested and/or prosecuted for had as an element 
or affirmative defense impact on business profits or money-making motive 
for either the accused or the victim, and c) criminal investigation was 
only begun when such complaint, report, etc. was filed.

6)      All records of any criminal enforcement action of any kind taken 
against foreign nationals not resident in the U.S., for acts in their 
nations of citizenship not against the law in such nations but alleged to 
have negative economic effects on individuals or corporations in the United 
States, including without limitation the prosecution of Russian Dmitry 
Sklyarov, since January 1, 1991.

Please waive any applicable fees. Release of the information is in the 
public interest because it will contribute significantly to public 
understanding of government operations and activities.

As to (1) and (2), I am an attorney and author who intends to compile the 
results of this request and publish them to assist the public in 
understanding the current scope and effect of copyright law and the 
prosecutions thereunder.  To this end, I will prepare and disclose this 
information in an understandable format to the press.  I also intend to 
author periodical articles and/or books analyzing the data requested, and 
disseminate the information over the internet..

As to (3) and (4), I will use the results of this request to educate the 
public about the practices of the FBI and other agencies within the Justice 
Department with regard to preserving the balance between permitting 
peaceful protest and preserving public safety in the nation's capital, 
using similar means of publication.

As to (5), I will use the results of this request to educate the public as 
to corporate influence on the criminal justice system, using similar means 
of publication.

As to (6), I will use the results of this request to educate the public as 
to the practices of the federal government in prosecuting foreign nationals 
for activities legal in their nations to preserve U.S. economic interests, 
using similar means of publication.

If my request is denied in whole or part, I ask that you justify all 
deletions by reference to specific exemptions of the act. I will also 
expect you to release all segregable portions of otherwise exempt 
material.  I, of course, reserve the right to appeal your decision to 
withhold any information or to deny a waiver of fees.

As this information is of timely value, I would appreciate your 
communicating with me by telephone, rather than by mail, if you have 
questions regarding this request.

I look forward to your reply within 20 business days, as the statute 

If the fee wavier is denied, I am willing to pay up to $30.00  please 
contact me before incurring any charges beyond that.

In order to speed review as much as possible, please prioritize the 
requests in the following order: (3), (4), (1), (2), (6), (5).

Please provide expedited review, at least as to (3) and (4) because delayed 
disclosure could threaten physical safety of protestors or other citizens 
unable to anticipate the plans of law enforcement and police when choosing 
their behavior in upcoming protests.  I plan to use this information at 
least in part to inform potential protestors about the dangers to their 
safety from law enforcement action at the upcoming FTAA protests in 
September and October and also inform them of the plans the city of 
Washington, D.C., and federal law enforcement agencies have in order to 
maintain the peace and restrict their movements at that time.  By my 
signature, I certify that the reasons given in this paragraph are true and 
correct to the best of my knowledge at this time.

Thank you for your assistance.

Very truly yours,

Paul A. Gowder

	-Paul Gowder

"It's because they're stupid. That's why everyone does everything."
     - Homer Simpson

	<paul at paultopia.net>


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