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Shareware Overload Trio 2
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Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO
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FOIAPPL
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1991-01-20
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101 lines
Date:
To: FOIA/PA Appeals Office
RE: Request number [Add this if the agency has given your
request a number]
This is an appeal pursuant to subsection (a)(6) of the
Freedom of Information Act as amended (5U.S.C. 552).
On [date], I received a letter from [name of official] of
your agency denying my request for [describe briefly the
information you are after]. This reply indicated that an appeal
letter could be sent to you. I am enclosing a copy of my exchange
of correspondence with your agency so that you can see exactly
what files I have requested and the insubstantial grounds on
which my request has been denied.
[Optional paragraph, to be used if the agency has withheld
all or nearly all the material which has been requested]:
You will note that your agency has withheld the entire
(or nearly the entire) document (or file, or report, or whatever)
that I requested. Since the FOIA provides that "any reasonably
secregable portion of a record shall be provided to any eprson
requesting such record after deletion of the portions which are
exempt," I believe that your agency has not complied with the
FOIA. I believe that there must be (additional) segregble
portions which do not fall within FOIA exemptions and which must
be released.
[Optional paragraph, to be used in the agency has used
the (b)(1) exemption for national security, to withhold
information]
Your agency has used the (b)(1) exemption to withhold
information [I question whether files relating to events that
took place over twenty years ago could realistically harm the
national security.] [Because I am familiar with my own activities
during the period in question, and know that none of these
activities in any way posed a significant threat to the national
security, I question the designation of my files or portions of
my file asclassified and exempt from disclosure beca8use of
national security considerations.]
[Sample optional argument to be used if the exemption
which is claimed does not seem to make sense; you should cite as
many specific instances as you care to of items withheld from the
documents that you ahve received. We provide two examples which
you might want to adampt to your own case.]
"On the memo dated _____________ the second paragraph
withheld under the (b)(1) exemption appears to be describing a
conversation at an open meeting. If this is the case, it is
impossible that the substance of this converation could be
properly classified." Or, "The memo dated _____ refers to a
meeting which I attended, but a substantial portion is deleted
because of the (b)(6) and (b)(7)(c) exemptions for unwarranted
invasions of personal privacy. Since I already know who attended
this meeting, no privacy interest is served by the withholding."
I trust that upon examination of my request, you will
conclude that the records I requested are not properly covered by
exemption(s) [here repeat the exemptions which the agency's
denial letter claimed applied to your request] of the amended
FOIA, and that you will overrule the decision to withhold the
information.
[Use if an itemized inventory is not supplied originally]
If you choose instead to continue to withhold some or all
of the material which was denied in my initial request to your
agency, I ask that you give me an index of such matieral,
together with the justification for the denial of each item which
is still withheld.
As provided in the Act, I will expect to receive a reply
to this administrative appeal letter within twenty working days.
If you deny this appeal and do not adequately explain why
the material withheld is properly exempt, I intend to initial a
lawsuit to compel its disclosure. [You can say that you intend to
sue, if that is your present inclination; you may still decide
ultimately not to file suit.] Sincerely yours,
name: ____________________________________________
address: ____________________________________________
____________________________________________
signature:____________________________________________
[Mark clearly on envelope: Attention: Freedom of Information
Appeals]
-----------------------------------------------------------------------------
[Fund for Open Information and Accountability, Inc. 339
Lafayette Street, New York, NY 10012 (212) 477-3188]