Last week, the nation learned that--just as many of us suspected--the Federal Bureau of Investigation has been spying on citizens illegally under the guise of national security. It's a jarring reminder of the importance of "sunshine" laws that allow us to find out what government agencies are doing.
Ironically, this is national Sunshine Week, the annual celebration of open government and the public's "right to know." And, what better way is there to celebrate this Sunshine Week than for each of us to write the FBI asking for any information it has on us? Fortunately, this is not hard to do and, below the fold, I explain how.
The Freedom of Information Act, or "FOIA," gives Americans the right to request information about government activities, while the Privacy Act of 1974 gives us the right to request information federal agencies keep specifically on us.
The First Amendment Center reminds us that FOIA requests were responsible for exposing the FBI's COINTELPRO program that, in the 1950's and 60's, infiltrated antiwar and civil rights groups, and the women's movement. Much of the information about the current round of government spying was obtained through FOIA by the American Civil Liberties Union. So, in writing your FOIA/PA letter, you're following a proud tradition of citizens demanding their Right to Know.
It's important to note that the laws cover only documents that already exist; agencies are not required to produce new documents with the requested information. Also, the government is allowed to charge a reasonable fee for researching and duplicating the documents requested. But, where the search consumes less than two hours and produces fewer than 100 pages, no fee is charged. (Whether Daily Kos diarists could claim the exemption granted news media is not clear to me.) Some federal entities are exempt from FOIA (notably the Office of the President!), but, the FBI is not exempt.
The official procedure for getting one's file with the FBI is pretty simple: write a letter asking for all information about you and cite the Freedom of Information and Privacy Acts. In practice, it's often a little more complicated, as the First Amendment Center explains, but, still worth the effort. You don't have to be a lawyer.
The Reporters Committee for Freedom of the Press has a handy sample FOIA/PA request letter to get you started and, if even that is too much work for you, the FBI offers a form for making the request. (Be certain, however, to cite both FOIA and PA to be sure of getting all applicable information). Plug in the appropriate personal information, address it to the FBI's FOIA office, sign and send it along. (Be sure to retain some proof of mailing).
Here are the FBI's instructions for filing a request under the Privacy Act (and FOIA).
- Provide your complete name and mailing address. (Telephone, fax, and e-mail addresses are optional.)
- Provide any identifying data that will help us locate information about you—for example, your date and place of birth, social security number, former addresses or localities.
- If you are interested in records pertaining to a particular incident you were involved in, please describe it.
- You must sign your request and have it notarized or state, "Under penalty of perjury, I hereby declare that I am the person named above and I understand that any falsification of this statement is punishable under the provisions of Title 18, United States Code (U.S.C.), Section 1001 by a fine of not more than $10,000 or by imprisonment of not more than five years, or both; and that requesting or obtaining any record(s) under false pretenses is punishable under the provisions of Title 5, U.S.C., Section 552a(i)(3) as a misdemeanor and by a fine of not more than $5,000." You may use the Privacy Act Request Form.
- State how much you are willing to pay for duplication fees if any are assessed.
Mail your request to:
Federal Bureau of Investigation (FBI)
Record Information/Dissemination Section (RIDS) Service Request Unit, Room 6359
935 Pennsylvania Avenue, NW
Washington, D.C. 20535
If you have any questions, call the FBI's FOIA Requester Service Center (RSC) at (540) 868-4591.
The agency is supposed to respond within 20 business days of receiving your request, but in practice will probably delay--possibly by throwing up one or more of the nine defenses FOIA allows, including "national security," or under one of the restrictions available under the Privacy Act. In such cases, the agency may provide nothing, may provide a partial response or may provide a "redacted" response with sensitive portions blacked out. If this happens, don't despair; very often, the defenses are mere bluster. By writing a letter of appeal (no more difficult than writing the request) one can frequently obtain the missing information. Often, it turns out that the agency had no legal basis for withholding information, but withheld it simply to avoid embarrassment. Those are the juicy revelations that can make news. So, go to it, Kossacks, and may you each prevail!
Other sources of FOIA/PA information, in addition to those already cited, include the ACLU and George Washington University. For more information about Sunshine Week, visit Sunshineweek.org, which is blogging the event or Openthegovernment.org. In conjunction with Sunshine Week, the First Amendment Center holds its National FOI Day Conference, an event well worth attending if you are in the Washington, D.C. area. And, if the thought of illegal spying leaves you feeling blue, the Sunshine Week collection of cartoons is sure to bring a smile back to your face.
