[free-sklyarov] FOIA request to the DOJ
Paul Gowder
paul at paultopia.net
Thu Aug 9 07:15:35 PDT 2001
FBI is a sub-agency of DOJ, DOJ is likely to be copied on any of the #3 and
#4 things re: law enforcement in dc during protests, DOJ will be in charge
of any copyright prosecutions etc....
But yea, I thought of that. I'm thinking about firing off a few
more. Maybe to the D.C., police, directly to FBI as subset of DOJ (and
also to criminal division and civil division), etc. etc.
-Paul
At 06:22 AM 8/9/01, Peter wrote:
>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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--
-Paul Gowder
"It's because they're stupid. That's why everyone does everything."
- Homer Simpson
<paul at paultopia.net>
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