The Hacker's Encyclopedia 1998

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==Phrack Magazine== Volume Four, Issue Forty-Two, File 12 of 14 %@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@% | The Freedom of Information Act and You | | | | by | | Vince Niel | | | %@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@% As we all know of our United State government in the modern era, Big Brother is watching. It is naive to think that we do not live in a world similar to the one described is George Orwell's novel, 1984. The government keeps tabs on everything we do. The federal government has thousands of documents concerning individual citizens. For example: If you have worked for a federal agency or government contractor or have been a member of any branch of the armed services, the federal government has a file on you. If you have participated in any federally financed project, some agency probably has a record of it. If you have been arrested by local, state or federal authorities and your fingerprints were taken, the FBI maintains a record of you and that arrest. If you have applied for or received a student loan or grant certified by the government, the Department of Health, Education, and Welfare has recorded the information. If you have applied for or been investigated for a security clearance for any reason, the Department of Defense has a record of you. And these records are not just records of application. Take for example the FBI. Once you commit a crime, they are watching you. They update your file every time there is a major occurrence in your life i.e. marriage, hospitalization, joining the military, committing another crime, etc. If they find the least likelihood of suspicion, they investigate you in depth to add even more to your file. People do not even realize how large their FBI file is. If you were ever on a pirate board that got busted, and you had your info on there, all the users' info on the bulletin board is transferred to the federal government. There a file is opened up for each individual user. And if you ever get in trouble with the law, that file will be opened up and used against you if necessary. Before I continue, I would like to site an example of a man who ordered his file from the army. This file was created when he applied for a security clearance with the military years before. In it said: .. He owed 50 cents to his high school for not returning his locker key. .. He dated 2 or 3 times a week, and was not intimate with his dates. .. He was irresponsible because he owed a $5 jaywalking ticket in Seattle. So what can you do about this big bureaucratic machine we call our government? Simple, fight back! The Freedom of Information Act (FOIA as it will be referred to) was passed and allows you to obtain your personal records from any governmental agency. A typeup of most of the agencies plus the actual act can be found at the end of this file. There are restrictions to the act, but it can be quite useful to any individual who has had run-ins with the law or who just wants to know what the federal government has on him. You can even go to court against the government if a document is denied to you and you think you deserve to see it. The act is not widely know, and for good reason. The government doesn't want you to know what they are doing. But alas, the information will be set free, the people have a right to know! And don't think that the only interesting documents are the ones from the FBI and CIA. Fascinating documents can be gotten from the IRS, Department of Health, Department of Schools, Federal Traffic Administration, HUD, National Credit Union, with information you will never believe people who actually store about you. The Specifics of Asking For Your Personal File From a Particular Agency ----------------------------------------------------------------------- First of all, I would like to bring up a major misconception people make. Most people assume that if you ask for your file from the FBI, and there isn't a file on you, one will be created for you. That is an untrue and extremely paranoid statement. The government has better things to do then open up files on curious citizens. And even if by some remote chance they do open up a file for you, who cares? They have a files on millions of people, its not like it will hinder you in life. Just be careful out there, that is all I can say. The most important thing that can be done when asking for information from a governmental agency under the FOIA is to make it as brief, concise, and specific as possible. In this way, you will get your information, or refusal as soon as possible, and you will also curb copying fees (which will be discussed later). First you have to find the agency that concerns you. If you are not sure which agency to apply to, send your letter to more than one. There will be a list of agencies at the end of this file, but a complete list of agencies can be found in the United States Government Manual. This can be found at any library. The request should be addressed to the agency's FOIA officer or to the head of the specific agency. Most agencies have a secretary to deal with all the FOIA applications. The smaller agencies, which you probably will not be concerned with, might not have an officer. On the bottom left hand corner of the envelope "Freedom of Information Act Request" should be printed legibly. This guarantees that your letter won't get caught in the paperwork shuffle. All agencies has FOIA regulation that you should look at. They do not want to send out 'sensitive' documents and whatnot. These regulations also describe the request process in detail. Here you can also find out what specific document you are looking for, reducing fees from the agency. These regulations can be found in "The Code of Federal Regulations", which can also be found at your local library. Most agencies require that you get your letter 'notarized' or they won't even look at it. This prevents you from impersonating someone else and getting their file. To get your letter notarized, all you have to do is go to your local bank. Show some proof that the person signing the letter is you (with an id or something) and they will notarize it. Now the government has no excuse for not taking your letter. There are four parts to an FOIA request letter: 1) Request being made under the FOIA. 2) Records that are sought, as specifically as possible. 3) Name and address of the person requesting the information. Telephone number is not necessary, but you will find out about the outcome of your request much quicker. 4) How much money you are willing to spend for the document (explained later). Here is a sample letter, just fill in your information: ----------------------------------------------------------------------------- Agency Head [or Freedom of Information Act Officer] Name of Agency Address of Agency City, State, Zip Code Re: Freedom of Information Act Request I request a copy of the following documents [or documents containing the following information if you do not know the specific name of the document] be provided for me: [identify the documents as accurately as possible] In order to help determine my status to assess fees, you should know that I am an individual seeking information for personal use and not for commercial use. [always, always say you are an individual. That way, you will not have to pay extra fees because you are part of the media or a commercial endeavor.] [Optional] I am willing to pay fees for this request up to a maximum of $__. If you estimate the fees will exceed this limit, please inform me first. [Optional] I request a waiver of all fees for this request. Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest [include specific information]. Thank you for your consideration of this request. Sincerely, Name Address City, State, Zip Code Telephone Number [Optional] ----------------------------------------------------------------------------- Some of the things in the letter may not be understood at first, but I will get to them. Money: As you might have guessed, getting information under the FOIA is not free, but it can be cheapened if you play your cards right. As specified in the letter, always say that you are an individual seeking information not for commercial purposes. Review is the process of going through documents and checking if they can be sent to you or not. Under the law, if you are a private individual and are not requesting information for commercial purposes, you cannot be charged with review fees! All agencies have set fees for copying a document. Fees can also be taken for searching for a document. If you are an individual, you will be charged the least amount of money. Of course, if you have no idea in hell what the name of the document is, and you are stabbing in the dark it is a good idea to write in a set amount you are willing to spend. When the amount is reached, you will be notified. This is in the letter above. You don't want to be jacked for a bill of 150 bucks if you send them a letter 'just send me everything you got on me'. Even if you have no idea what they have, you can say 'please send me all the dossiers, legal documents, and records you have under my name'. Remember, the government likes bureaucratic bullshit. If you do not phrase you letter right, they will nail you on it. A lot of agencies will waive the cost of processing if it is under $3, and even if you receive a bill, it should not exceed 5-10 dollars. If you can somehow prove that by accessing this information, it will help the general public understand how the government works, you can waive the fee altogether. If through some form of shrewd doublespeak you can think of something clever to satisfy this obligation, you can then request huge amounts of documents, without paying a cent for them. Restrictions: Of course, there are restrictions to the Freedom of Information Act. Some documentation may be said to be sensitive and out of reach of the public eye. Any refusal to grant information through the FOIA may be taken to court, and won. In the act, it states that cases brought up because of the FOIA should be put first on the court docket and tried as soon as possible. Its always worth a try. When a record contains some information that is withheld, it does not necessarily mean that the whole record is exempt. The federal agency is obliged to cut out the portion that is sensitive, and send you the portion it can disclose. The agency must also give you a reason why it cut out this portion of the document. Here are a few of the reasons for exemption: 1) Classified Documents - Classified Documents may be withheld. The documents may be classified in the interest of national defense and foreign policy. Classified documents may still be requested. The agency will review the document to determine whether it still needs protection. If a requested document is already declassified, it can be easily requested. 2) Internal Personal Rules and Practices - This exemption covers matters related to an agency's internal rules and practices. Requests for Internal schedules, administrative manuals and the like can be refused. 3) Confidential Business Information - Trade secrets or commercially valuable plans do not have to be released. Commercial or financial information does not also have to be released, as it might hurt an individual. 4) Personal Privacy - This covers personnel, medical, and similar files of which disclosed would interfere with personal privacy. This exemption has importance because it prevents a commercial business from getting information about you. At the same time, it allows you to get private information stored about yourself. This is why it is important to get your letter notarized. 5) Law Enforcement - This allows law enforcement agencies to withhold law enforcement records in order to protect themselves and others. If there is a trial going on, you can't request your file. Its smart to get your file from the feds now, while you still can. Don't wait until you get in some serious shit, and then you don't even know what they have on you! If you know what they have on you, you know how to fight back. If you request does get refused, there is still hope. If you think that under the FOIA's legal terms you deserve to have the document, you can send a letter of appeal. This letter can also be used to argue that their processing charge was unfair. The appeal letter is shown below: ------------------------------------------------------------------------------ Agency Head or Appeal Officer Name of Agency Address of Agency City, State, Zip Code Re: Freedom of Information Act Appeal Dear: This is an appeal under the Freedom of Information Act. On (date), I requested documents under the Freedom of Information Act. My request was assigned the following identification number: ______. On (date), I received a response to my request in a letter signed by (name of official). I appeal the denial of my request. [Optional] The documents that were withheld must be disclosed under the FOIA because... [Optional] I appeal the decision to deny my request for a waiver of fees. I believe that I am entitles to a waiver of fees. Disclosure of the documents I requested is in the public interest because the information is likely to contribute significantly to public understanding of the operations or activities of government and is not primarily in my commercial interest. (Provide Details) [Optional] I appeal the decision to require me to pay review costs for this request. I am not seeking this document for commercial use. (Provide Details) Thank you for your consideration of this appeal. Sincerely, Name Address City, State, Zip Code Telephone Number [Optional] ------------------------------------------------------------------------------ Here is a listing of a few government agencies that hold records on individual citizens: Agriculture Department of Agriculture Washington, D.C. 20250 Air Force Department of the Air Force The Pentagon Washington, D.C. 20330 Alcohol, Drug Abuse, and Mental Health Alcohol, Drug Abuse, and Mental Health Administration 5600 Fisher Lane Rockville, Maryland 20857 Alcohol, Tobacco and Firearms Bureau of Alcohol, Tobacco, and Firearms 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20226 American Battle Monuments American Battle Monuments Commission: 40014 Forrestal Bldg. Washington, D.C. 20314 Appalachian Regional Appalachian Regional Commission: 1666 Connecticut Avenue, N.W. Washington, D.C. 20235 Arms Control and Disarmament U.S. Army Control and Disarmament Agency 320 21st Street Washington, D.C. 20451 Army Department of the Army The Pentagon Washington, D.C. 20314 Census Bureau of the Census Federal Building 3 Washington, D.C. 20233 CIA Central Intelligence Agency Washington, D.C. 20505 Civil Aeronautics Civil Aeronautics Board 1825 Connecticut Avenue, N.W. Washington, D.C. 20428 Civil Rights Civil Rights Commission 1121 Vermont Avenue, N.W. Washington, D.C. 20425 Civil Service Civil Service Commission 1900 E Street, N.W. Washington, D.C. 20415 Coastal Plains Coastal Plains Regional Commission 1725 K Street, N.W. Washington, D.C. 20006 Commerce Department of Commerce Washington, D.C. 20230 Community Services Community Services Administration 1200 19th Street, N.W. Washington, D.C. 20506 Consumer Product Safety Consumer Product Safety Commission 1111 18th Street, N.W. Washington, D.C. 20207 Copyright Office Copyright Office Library of Congress Washington, D.C. 20559 Customs Service U.S. Customs Service 1301 Constitution Avenue, N.W. Washington, D.C. 20229 Defense Department of Defense The Pentagon Washington, D.C. 20301 Defense Contracts Audits Defense Contracts Audits Agency Cameron Station Alexandria, Virginia 22314 Defense Intelligence Defense Intelligence Agency RDS-3A Washington, D.C. 20301 Defense Investigation Defense Investigative Services D0020 Washington, D.C. 20304 Defense Logistical Defense Logistical Agency Cameron Station Alexandria, Virginia, 22314 Defense Mapping Defense Mapping Agency Naval Observatory Washington, D.C. 20305 Disease Control Center for Disease Control Atlanta, Georgia 30333 Economic Development Economic Development Administration Department of Commerce 14th & Constitution Avenue, N.W. Washington, D.C. 20230 Education Office of Education 400 Maryland Avenue, S.W. Washington, D.C. 20202 Energy Department of Energy U.S. Department of Energy Washington, D.C. 20461 EPA Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460 Environmental Quality Council on Environmental Quality 722 Jackson Place, N.W. Washington, D.C. 20006 Equal Employment Opportunity Equal Employment Opportunity Commission 2401 E Street, N.W. Washington, D.C. 20506 Export-Import Bank Export-Import Bank of the U.S. 811 Vermont Avenue, N.W. Washington, D.C. 20571 FAA Federal Aviations Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 FBI Federal Bureau of Investigation 9th and Pennsylvania Avenue, N.W. Washington, D.C. 20535 FCC Federal Communications Commission 1919 M Street, N.W. Washington, D.C. 20554 Federal Elections Federal Election Commission 550 17th Street, N.W. Washington, D.C. 20463 Federal Highways Federal Highway Administration 400 7th Street, S.W. Washington, D.C. 20590 Federal Power Federal Power Commission 825 North Capitol Street Washington, D.C. 20426 Federal Trade Federal Trade Commission 6th and Pennsylvania Avenue, N.W. Washington, D.C. 20580 Food and Drug Food and Drug Administration 5600 Fisher Lane Rockville, Maryland 20857 Foreign Claims Settlement Foreign Claims Settlement Commission 1111 20th Street, N.W. Washington, D.C. 20579 General Accounting General Accounting Office 441 G. Street, N.W. Washington, D.C. 20548 General Services General Services Administration 18th and F Streets, N.W. Washington, D.C. 20405 Health, Education, and Welfare U.S. Department of Health, Education, and Welfare 200 Independence Avenue, S.W. Washington, D.C. 20201 Health Resources Health Resources Administration 3700 East West Highway Hyattsville Maryland 20782 Health Services Health Services Administration 5600 Fisher Lane Rockville, Maryland 20857 HUD Department of Housing and Urban Development Washington, D.C. 20410 Immigration and Naturalization Immigration and Naturalization Service 425 I Street, N.W. Washington, D.C. 20536 Information Agency U.S. Information Agency 1750 Pennsylvania Avenue, N.W. Washington, D.C. 20547 Interior Department of the Interior 18th and C Street, N.W. Washington, D.C. 20240 IRS Internal Revenue Service 1111 Constitution Avenue, N.W. Washington, D.C. 20224 International Development Agency for International Development 21st and Virginia Avenue, N.W. Washington, D.C. 20532 International Trade International Trade Commission 701 E Street, N.W. Washington, D.C. 20436 ICC Interstate Commerce Commission 12th and Constitutional Avenue, N.W. Washington, D.C. 20423 Justice Department of Justice Washington, D.C. 20530 Labor Department of Labor Washington, D.C. 20210 Law Enforcement Assistance Law Enforcement Assistance Administration 633 Indiana Avenue, N.W. Washington, D.C. 20230 National Aeronautics and Space National Aeronautics and Space Administration 400 Maryland Avenue, S.W. Washington, D.C. 20546 National Archives and Records National Archives and Records Service Washington, D.C. 20408 National Credit Union National Credit Union Administration 2025 M Street, N.W. Washington, D.C. 20506 National Endowment for the Arts National Endowment for the Arts 806 15th Street, N.W. Washington, D.C. 20506 National Endowment for Humanities National Endowment for Humanities 806 15th Street, N.W. Washington, D.C. 20506 National Highway Traffic Safety National Highway Traffic Safety Administration 400 7th Street, S.W. Washington, D.C. 20590 National Institute of Education National Institute of Education 1200-19th Street, N.W. Washington, D.C. 20208 National Institute of Health National Institute of Health 9000 Rockville Pike Rockville, Maryland 20014 National Labor Relations National Labor Relations Board 1717 Pennsylvania Avenue, N.W. Washington, D.C. 20570 National Science Foundation National Science Foundation 1800 G Street, N.W. Washington, D.C. 20550 National Security Agency National Security Agency Fort George Meade, Maryland 20755 National Security Council National Security Council Old Executive Office Building Washington, D.C. 20506 National Transportation Safety National Transportation Safety Board 800 Independence Avenue, S.W. Washington, D.C. 20594 Navy Department of the Navy The Pentagon Washington, D.C. 20350 Nuclear Regulation Nuclear Regulatory Commission Washington, D.C. 20555 Overseas Private Investment Overseas Private Investment Corporation 1129 20th Street, N.W. Washington, D.C. 20527 Postal Service U.S. Postal Service 475 L'Enfant Plaza, S.W. Washington, D.C. 20260 Prisons Bureau of Prisons 320 First Street, N.W. Washington, D.C. 20534 Public Health Public Health Service 200 Independence Avenue, S.W. Washington, D.C. 20201 Secret Service U.S. Secret Service 1800 G Street, N.W. Washington, D.C. 20223 Securities and Exchange Securities and Exchange Commission 500 North Capitol Street Washington, D.C. 20435 Selective Service Selective Service System 600 E Street, N.W. Washington, D.C. 20435 Small Business Small Business Administration 1441 L Street, N.W. Washington, D.C. 20416 Social Security Social Security Administration 6401 Security Blvd. Baltimore, Maryland 21235 State Department of State Washington, D.C. 20520 Transportation Department of Transportation 400 7th Street, S.W. Washington, D.C. 20590 Treasury Department of the Treasury 1500 Pennsylvania Avenue, N.W. Washington, D.C. 20220 Urban Mass Transit Urban Mass Transit Administration 400 7th Avenue, S.W. Washington, D.C. 20590 Veterans Administration Vermont Avenue, N.W. Washington, D.C. 20420 Here is a copy of the Freedom of Information Act and all of its amendments. It may prove to have some usefulness. You might want to read through it to understand the law better. I would not recommend reading it if you are in a suicidal state. ------------------------------------------------------------------------------ FULL TEXT OF FREEDOM OF INFORMATION ACT, AS AMENDED IN 1974 BY PUBLIC LAW 93-502 % 552 Public Information; agency rules, opinions, orders, records, and proceedings (a) Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public- (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the method whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedures, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection and copying- (A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; (B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; and (C) administrative staff manuals and instructions to staff that affect a member of the public; unless the materials are promptly published and copies offered for sale. To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction. However, inn each case the justification for the deletion shall be explained clearly in writing. Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. Each agency shall promptly, quarterly or more frequently, and distribute (by sale or otherwise) copies of each index or supplement thereto unless it determines by order published in the Federal Register that the publication would be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of such index on request at a cost not to exceed the direct cost of duplication. A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied on, used, or cited as precedent by an agency against a party other than an agency only if- (i) it has been indexed and either made available or published as provided by this paragraph; or (ii) the party has actual and timely notice of the terms thereof. (3) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon any request for records which (A) reasonably describes such records and (B) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person. (4)(A) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying a uniform schedule of fees applicable to all constituent units of such agency. Such fees shall be limited to reasonable standard charges for documents search and duplication and provide for recovery of only the direct costs of such search and duplication. Documents shall be furnished without charge or at a reduced charge where the agency determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public. (B) On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter de novo, and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action. (C) Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under the subsection within thirty days after service upon the defendant of the pleading i which such complaint is made, unless the court otherwise directs for good cause shown. (D) Except as to cases the court considers of greater importance, proceedings before the district court, as authorized by this subsection, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way. (E) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed. (F) Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise we questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Civil Service Commission shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Commission, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Commission recommends. (G) In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member. (5) Each agency having more than one members shall maintain and make available for public inspection a record of the final votes of each member in every agency proceeding. (6)(A) Each agency, upon any request for records made under paragraph (1),(2), or (3) of the subsection, shall- (i) determine within ten days (except Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency and adverse determination; and (ii) make a determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal. If on appeal the denial of the request for records is in whole or in part upheld, the agency shall notify the person making such request of the provisions for judicial review of that determination under paragraph (4) of this subsection. (B) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the reasons for such extension and the date on which a determination is expected to be dispatched. NO such notice shall specify a date that would result in an extension for more than ten working days. As used in this subparagraph, "unusual circumstances" means, but only to the extent reasonably necessary to the proper processing of the particular request- (i) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; (ii) the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or (iii) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein. (C) Any person making a request to any agency for records under paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative remedies with respect to such request if the agency fails comply with the applicable time limit provisions of this paragraph. If the Government can show exceptional circumstances exist and that the agency is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency addition time to complete its review of the record. Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Any notification of denial of any request for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request. (b) This section does not apply to matters that are- (1) (A) specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to each Executive Order; (2) related solely to the internal personnel rules and practices of the agency; (3) specifically exempted from disclosure by statute; (4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; (5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; (6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (7) investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would (A) interfere with enforcement proceeding, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information only furnished by the confidential source, (E) disclose investigative techniques and procedures, or (F) endanger the life or physical safety of law enforcement personnel; (8) contained in or related to examination, operating or condition reports prepared by, one behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or (9) geological and geophysical information and data, including maps, concerning wells. Any responsible segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under the subsection. (c) This section does not authorize withholding of information or limit the availability of records to the public, except as specifically stated in this section. This section is not authority to withhold information from Congress. (d) On or before March 1 of each calendar year each agency shall submit a report covering the preceding calendar year to the Speaker of the House of Representatives and President of the Senate for referral to the appropriate committees of Congress. The report shall include- (1) the number of determinations made by such agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each determination; (2) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; (3) the names and titles or positions of each person responsible for the denial of records requested under this section, and the number of instances for participation of each; (4) the results of each proceeding conducted pursuant to subsection (a)(4)(F), including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records or an explanation of why disciplinary action was not taken; (5) a copy of every rule made by such agency regarding this section; (6) a copy of the fee schedule and the total amount of fees collected by the agency for making records available under this section; and (7) such other information as indicates efforts to administer fully this section. The Attorney General shall submit an annual report on or before March 1 of each calendar year which shall include for the prior year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subsections (a)(4)(E),(F), and (G). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section. (e) for purposes of this section, the term "agency" is defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent agency. ------------------------------------------------------------------------------ In Conclusion: The Freedom of Information Act is a powerful tool that can be used to benefit yourself and to find out what the feds keep in their log books on you. Use it, just don't abuse it. It gives the individual much power over the government. We no longer have to prove a reason to know the information, but we have a right to know the information. Its the government's job to keep the information away from us. I would also like to mention that regulations and all documents that agencies carry can be found in any major library. This will save you cash and frustration. Anyways, keep the faith, its not that bad out there. And watch comedy central, its good for you. Greets to: All the good users on atdt, the works, tlitd. Stargazer, daemon, joker, shadow, the hopeless warez fanatics. Deranged derelict, jt, and all the other virtual friends I forgot. --------------------------------------------------------------------------------