Phun with FOIA

by BY3M@N

Any fans of the general concept of freedom within the government should thank their lucky stars that there were some forward thinking individuals in the U.S. government a few decades ago.

Those guys came up with the concept and implementation of the Freedom of Information Act (FOIA, pronounced "FOY-A"), in 1966.  While a disheveled President Johnson would have killed the act if he had a snowball's chance in hell, Congress shoved it through the political process like a ramrod.  And it has stuck out of the government's rear-end ever since, modified and jiggled around a bit with every presidential administration since.

The History

If the U.S. government has created information, you have a right to see it (with certain exceptions... nine to be exact).

Records can be ambiguously construed as audio files from certain government agencies (air traffic control and NORAD voice recordings from September 11, 2001), graphic illustration training aids (pack of playing cards with Soviet-era tanks for recognition), warning stickers for biohazard materials (on VX nerve gas rockets), and police blotter reports (physical attacks and arrests at any forward-operating bases in Iraq).

While proponents of the law give the impression that every loyal American is using FOIA to search out the "truth," the truth is very few red-blooded Americans are actually using it (just like the percentage of voters in local elections - always low).

Some common users:

  • Companies trying to get a leg up on competitive contracts.
  • Legal agencies representing commercial companies, trying to do the same.
  • Authors, looking for sweet nuggets of cover-up truths (Roswell, anyone?)
  • Old fogies, searching for info on their war service.
  • Nutcases, looking for UFO and Area 51 information.

While some of the above had minor successes (or major successes, with enough lawyers), FOIA can be used to uncover bits and pieces that government drones would rather keep locked up.

A few of the pieces freed up:

  • Acknowledgment of Project MOON DUST, U.S. Air Force plan for retrieval of objects of unknown origin (reading between the lines: UFO parts).
  • Specifics on a post-nuclear communication system called Ground Wave Emergency Network (GWEN).  Canceled in the 1990s, the system was designed to use antennas from AM radio stations (DJs being long dead, of course) to broadcast emergency action messages to whatever forces were still alive.  It was also rumored to be used for some mind control experiments.  But I have no idea what they were talking about... MIND:> del *.*
  • Class syllabi for the next-generation U.S. government cyberwarriors.  Apparently their first "step" in the training is to be Security+ certified.  Makes you feel safe about the state of the Internet, huh?

Starting Point

It seems simple to write a FOIA request, but in actuality it's even easier than that.

1.)  Have an idea of what you want to request.  Simple or complex, start with an idea.  One of the funnier requests I've seen is the cafeteria menu from the National Security Agency.  Actually, it was one menu, from the 11 eating establishments at Fort Meade.  Plenty of good hacker grub available, if you can avoid the salad bars and low-cal drinks... and the 20,000 government employees and agents.

2.)  Write the request down.  Extend your carpal tunnel syndrome and write up a request.  Computer, paper, napkin, matchbook cover - it doesn't matter.  Just make sure it mentions FOIA and whatever you're looking for (see sample FOIA letter below).

3.)  Send it.  This used to mean paying for those Postal Service "stickers" and waiting months for a reply.  Now, most agencies have electronic FOIA submission, and can reply by email if they have what you're looking for.  Using a "vanilla" email account and anonymizing web browser is level 3 privacy protection.  But if you're really paranoid (and who isn't nowadays?), get someone else to place the request.  (Little brothers and sisters everywhere: unite and charge a fee!)

Pitfalls (and not the Atari version)

According to the government, freedom isn't free.

It will cost you, but, depending on each agency's interpretation, you might get something for nothing.  The Department of Defense has a fee floor of $15, meaning if the cost of your request is less than $15, they don't charge.

There is no ceiling, however.  So if you ask for "ANY records concerning ELIGIBLE RECEIVER" (Google it... you won't be disappointed), they could give you every scrap of paper, at the cost of $0.15 a page, creating a huge FOIA fee.

Also, most FOIA agencies will try to bully you for an e-mail address and phone number.  You do not have to provide these.  And usually, when you do, they actually call and ask questions.

Questions are bad, so don't give them the opportunity to ask them.  Most are happy to correspond through the postal service, so be sure to have that "mail drop" ready.  If you want to provide a number, for some crazy reason, buy a TracFone for $10 and provide that throwaway number.

Finally, privacy being what it is in today's world, your name and address will be attached to a FOIA log kept at each agency.

You can use FOIA to request these logs, and the agencies are supposed to redact (cross out) your information (Privacy Act or some nonsense like that).  But it's a big machine, and some drones just don't get the memo.  That's why the mail drop is a good idea.  Grandparents, old neighbors, and crazy people in the neighborhood who will prostitute their address for a couple of bucks are priceless.

Bottom Line

You pay taxes (at least, most of us do).

The government does its work (No work?  Little work?) with that money.  Find out where it goes.  You should be able to see what they do with it.  There's a mechanism to view the inner workings of the machine, if you know how to navigate the system.

FOIA is a system.  Hackers hack systems.  Try, and you'll be surprised what you find.

Examples of successful FOIAs are at:

Sample FOIA Letter

2600
PO Box 752
Middle Island, NY 11953-0752


National Security Agency
ATTN: FOIA Office (DJP4)
9800 Savage Road STE 6248
Ft. George G. Meade, MD 20755-6248

January 1, 2010

Dear FOIA manager:

Referencing the Freedom of Information Act (FOIA), 5 U.S.C. §552, I would like information
regarding the following subject:

[Insert subject here. If you know titles of documents, time periods of emails, or anything
helping to narrow the search, include them here.]

[Optional: I would like the releasable files burned to a CD-ROM, if they are already
electronic, to save your agency the cost of paper and shipping.]

This request is for private, non-commercial use, so I asked that I be placed in the OTHER
category of requestors (2 hours search and 100 pages free).

I agree to pay reasonable search duplication fees for the processing of this request in an
amount not to exceed $15.00. However, please notify me prior to your incurring any
expenses in excess of that amount.

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.

I look forward to your reply within 20 business days, as the statute requires.
Thank you for your assistance.

Sincerely,

Emmanuel Goldstein
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