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Politics

by Mike Masnick

Tue, Jun 7th 2011 12:38pm




Filed Under:
domain seizures, foia, freedom of information, michael robertson


Homeland Security Appears To Be Stalling On FOIA Requests Concerning Domain Seizures

from the violating-the-foia? dept

We're still waiting for the full response to our own Freedom of Information Act request concerning ICE's PSA (though, we have some more info on that which we'll be sharing soon). It's still well within the reasonable period of time to reply, and we've been told that progress is being made on the request, so that all sounds good. However, Michael Robertson passed along the news that back in January, he filed a FOIA request of his own, on behalf of his organization NakedGovernment.org, seeking any information and documents within ICE concerning the domain seizures found in "Operation in Our Sites."

Initially, as is fairly typical with FOIA requests, the ICE FOIA officials were responsive, friendly and helpful. Following a rather broad request, the FOIA official at ICE suggested that NakedGovernment narrow its request to documents concerning the domain seizures that are stored in the TECS (Treasury Enforcement Communications System) database. NakedGovernment also forked over the cash that ICE requested in order to conduct this search. At the end of March, ICE FOIA officials told NakedGovernment that they had received the check and "will begin processing your request and will respond..."

And that's all they wrote. Since the end of March, no additional response has been forthcoming, even though NakedGovernment has followed up with ICE requesting the status of the request. It's difficult to see how this request could possibly take more than two months to process. I'm hopeful that my (quite narrow) request won't take nearly as long. Update: Michael Robertson informs me that ICE has just indicated that it has obtained the documents in question, and they now need to "be processed" which will then be followed by a "supervisory review." So, keep waiting...

32 Comments | Leave a Comment

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  1.  
    icon
    Spaceboy (profile), Jun 7th, 2011 @ 12:49pm

    I hope you aren't holding your breath Mike.

    I would like to start the unOfficial Techdirt FOIA pool.
    Post your guesses as to when the government gets around to actually responding to the request. In case of a tie, please also guess what you think will be the percentage of redaction will be. Price is Right rules in effect, closest without going over wins.

    My guess, July 28 2011 - 40% Redaction.

     

    [ reply to this | link to this | view in thread ]

  2.  
    icon
    The eejit (profile), Jun 7th, 2011 @ 12:54pm

    Dude, you made a request. IT will take the length of copyright before it gets done. You should know this by now.

     

    [ reply to this | link to this | view in thread ]

  3.  
    icon
    Gwiz (profile), Jun 7th, 2011 @ 1:03pm

    Re:

    My guess - August 5 2011 - 45% Redaction (30% of it unnecessary and redacted just to piss Mike off)

     

    [ reply to this | link to this | view in thread ]

  4.  
    icon
    DevConcepts (profile), Jun 7th, 2011 @ 1:04pm

    Re:

    11:58:00 PM 12/21/2012, 0% redaction is my guess.

     

    [ reply to this | link to this | view in thread ]

  5.  
    identicon
    Anonymous Coward, Jun 7th, 2011 @ 1:07pm

    Re: Re:

    because the will of the universe is reflected in our calendar

     

    [ reply to this | link to this | view in thread ]

  6.  
    identicon
    OC, Jun 7th, 2011 @ 1:15pm

    Limit?

    Are there any laws, rules or polices for how long the request can take at most? Or can they say they are "working on it" for 10 years if they choose to?

     

    [ reply to this | link to this | view in thread ]

  7.  
    icon
    Atkray (profile), Jun 7th, 2011 @ 1:20pm

    Re:

    October 7, 46%

     

    [ reply to this | link to this | view in thread ]

  8.  
    identicon
    Anonymous Coward, Jun 7th, 2011 @ 1:32pm

    Maybe it's being proxied with Palin's Alaskan communications, so the government can save a few bucks on looking up that data.

     

    [ reply to this | link to this | view in thread ]

  9.  
    icon
    E. Zachary Knight (profile), Jun 7th, 2011 @ 1:32pm

    They asked for money first?

    I got one of those requests once. This prince in Nigeria asked me to send him a $5000 processing fee in order to get my $50 million inheritance. I'm still waiting for that inheritance to come.

     

    [ reply to this | link to this | view in thread ]

  10.  
    icon
    Beta (profile), Jun 7th, 2011 @ 1:33pm

    don't forget NY

    On the 16th of May you wrote "the NY State law says that the city must respond to my request within five business days". Any word yet? My guess is that they will reply (if they haven't already) with "thank you for your interest, we cannot give you the information you request at the present time because [CITE EXCEPTION PERMITTED IN LAW], we will inform you when the situation changes".

     

    [ reply to this | link to this | view in thread ]

  11.  
    identicon
    Anonymous Coward, Jun 7th, 2011 @ 1:37pm

    Re:

    What is this obsession that some people seem to have with Sarah Palin? And I mean people on the left who are far more obsessed with her than anyone I know on the right.

    I just don't get it.

     

    [ reply to this | link to this | view in thread ]

  12.  
    icon
    Spaceboy (profile), Jun 7th, 2011 @ 1:39pm

    Re: Re:

    She's hot! At least that's the message I sent to her on Twitter...keeping my fingers crossed!!!!!

     

    [ reply to this | link to this | view in thread ]

  13.  
    identicon
    Anonymous Coward, Jun 7th, 2011 @ 1:41pm

    I think they're just holding out for the rapture to occur in October - for real this time.

     

    [ reply to this | link to this | view in thread ]

  14.  
    identicon
    Mr. Smarta**, Jun 7th, 2011 @ 1:41pm

    Denied

    Your request has been denied. The letter stating that it was denied has been classified due to national security. Nobody within the appropriate organizations is authorized to tell you anything about it. And anyone associated with your request has been issued a permanent gag order.

    So basically, everyone else knows but you.

     

    [ reply to this | link to this | view in thread ]

  15.  
    icon
    Chris-Mouse (profile), Jun 7th, 2011 @ 1:57pm

    Re:

    My guess is Sept 31st, 0% redaction.

     

    [ reply to this | link to this | view in thread ]

  16.  
    icon
    Mike Masnick (profile), Jun 7th, 2011 @ 2:08pm

    Updated

    Updated the post, as DHS has finally gotten back to NakedGovernment, telling them that the documents have finally been retrieved, but now need to "be processed" and then get a "supervisory review." So, hurry up and wait.

     

    [ reply to this | link to this | view in thread ]

  17.  
    icon
    DannyB (profile), Jun 7th, 2011 @ 2:10pm

    Re:

    My guess is the heat death of the universe plus 180 days.

     

    [ reply to this | link to this | view in thread ]

  18.  
    identicon
    Michial Thompson, Jun 7th, 2011 @ 2:11pm

    Open Investigation

    My bet is that your going to get nothing useful and all, and it will be accompanied with a letter stating that this is an open investigation, and the records cannot be made available at this time.

    Remember the owners have not had charges filed against them yet, and the domains have not been returned to them. The only way of holding onto the domains is either by court order after the prosecution, or by maintaining the case as open for investigation.

     

    [ reply to this | link to this | view in thread ]

  19.  
    icon
    Chris in Utah (profile), Jun 7th, 2011 @ 2:17pm

    Re: Updated

    Can we say

    "Oops. they were misfiled"

    I'm all for human error but this has a hell of a smell to it.

     

    [ reply to this | link to this | view in thread ]

  20.  
    icon
    Overcast (profile), Jun 7th, 2011 @ 2:19pm

    They have to edit the docs first, of course.

     

    [ reply to this | link to this | view in thread ]

  21.  
    identicon
    Anonymous Coward, Jun 7th, 2011 @ 2:28pm

    The U.S. government is an embarrassment to its citizens.

     

    [ reply to this | link to this | view in thread ]

  22.  
    identicon
    Scote, Jun 7th, 2011 @ 2:39pm

    Re: Updated

    I'm guessing they are trying to stall until a Federal law is passed making what they did de facto retroactively legal.

     

    [ reply to this | link to this | view in thread ]

  23.  
    icon
    LegitTroll (profile), Jun 7th, 2011 @ 3:51pm

    Re: Re: Updated

    Did At&t have a hand in this?

     

    [ reply to this | link to this | view in thread ]

  24.  
    identicon
    MrWilson, Jun 7th, 2011 @ 4:00pm

    Re:

    The life of all the authors plus 70 years or infinity minus one day.

     

    [ reply to this | link to this | view in thread ]

  25.  
    identicon
    Bergman, Jun 7th, 2011 @ 4:41pm

    Fifth of Never, 100%

     

    [ reply to this | link to this | view in thread ]

  26.  
    identicon
    Anonymous Coward, Jun 7th, 2011 @ 9:25pm

    The time Duke Nukem Forever stayed in development squared.

     

    [ reply to this | link to this | view in thread ]

  27.  
    icon
    The eejit (profile), Jun 7th, 2011 @ 11:29pm

    Re:

    DNF was onyl in development for 6 months, so not long then. :D

     

    [ reply to this | link to this | view in thread ]

  28.  
    icon
    xenomancer (profile), Jun 8th, 2011 @ 12:35am

    Re: Re:

    That depends on if its days squared or months squared.

     

    [ reply to this | link to this | view in thread ]

  29.  
    icon
    CarlWeathersForPres (profile), Jun 8th, 2011 @ 6:10am

    This just in, the government moves slowly.

     

    [ reply to this | link to this | view in thread ]

  30.  
    icon
    JustMe (profile), Jun 8th, 2011 @ 6:11am

    My guess

    September 11, 2011 35% redaction w/ several additional pages marks as 'missing'

     

    [ reply to this | link to this | view in thread ]

  31.  
    icon
    The eejit (profile), Jun 8th, 2011 @ 6:14am

    Re: Re: Re:

    still, only three years actual dev time - the rest was an epic long-game trolling of the Internet and the Gaming world.

     

    [ reply to this | link to this | view in thread ]

  32.  
    icon
    Hephaestus (profile), Jun 8th, 2011 @ 7:01am

    Re: Re:

    Dear World,
    Please stop freaking out about 2012. Our calendar ends there because the Spanish invaded our country and we got a little busy ok?
    Sincerely,
    The Mayans

     

    [ reply to this | link to this | view in thread ]


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