[free-sklyarov] FOIA request to the DOJ

Peter pmasloch at earthlink.net
Thu Aug 9 05:22:51 PDT 2001


I believe that you have to make the freedom of information act
requests
directly to the agencies. CIA and NSA have a 'freedom of information
act'
office where you can make this requests. I'm not sure about FBI.
Peter


Free Dmitry Sklyarov
Repeal the DMCA
----------------------------------------
http://www.lupercalia.net/dmca
http://www.freesklyarov.org



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.)

         -Paul


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

FOIA REQUEST AND PARTIAL REQUEST FOR EXPEDITED REVIEW

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
requires.

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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