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FOIA records. (Read 1679 times)
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FOIA records.
Nov 16th, 2008, 10:10pm
 
Why do some people have more luck with these than others? Is it just that some people know what to ask for and others don't? Are some people more persistant than others? Do they just luck into the right streams? Do they just apply at a time when some people realise that they can no longer keep the records a secret?
 
It's hard to say. Some Targeted Individuals have no luck with getting these records, and others seem to have a vast deal of luck. This still seems to be one avenue of truth that will have to be persued if we are going to get to the heart of what is really happening to us, as Targeted Individuals.
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Re: FOIA records.
Reply #1 - Dec 5th, 2008, 9:33am
 
Please use proper wording when requesting your FOIA request. See this post for reasons why I do not think this letter has good wording, and could actually be harmful.  
 
http://my.nowpublic.com/world/gang-stalking-foia-request#comment-248045
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« Last Edit: Dec 5th, 2008, 10:40am by Gangstalking »  

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Re: FOIA records.
Reply #2 - Dec 5th, 2008, 10:10am
 
I felt that the letter in the link above was a bad idea. I felt the wording would get targeted individuals into further hot water. I explained my reasons and gave other alternatives. Here are some of my responses.
 
Quote:

Hi Keith,

I am pretty sure you know that this is a complete waste of time right? Since Gang Stalking in my opinion was a term that they made up to hide and conceal their Cointelpro and Stasi like tactics they won't have any information on Gang Stalking. If people write letters they have to phrase it another way or they will get nothing.

They would be better doing what the times did, and requesting each state cough up information on using anti-terror laws to spy on individuals. Or using some of the requests that the ACLU has used.

We can ask for records or surveillance on private citizens, how many requests were made, but if we term it Gang Stalking we will get nothing. I think it would be good to have a lawyer or someone who is very familiar with requesting FOIA requests put together a form. Also I think asking Donald Friedman or Jesus Medoza for the wording they used to get their informtion would be a good start. Sometimes it's the wording you use. If you use the wrong wording, you will get zero results.


Also depending on how the requests are made, they could use this against the targeted individuals. Eg. Asking about Gang Stalking, could be used to further paint the target as crazy or emotionally unstable. Since it's their term originally, in my opinion.


The term Gang Stalking is fully popular. So is Targeted Individuals. However Google is suppressing the algorithm. I have written about this before. Which tells me that the term is doing a good job, or they would not waste the time suppressing it. Check other engines and you may see what I mean.

Hey I am the person who recently asked people to send out FOIA requests, this is just not the right way to do it, that's my opinion and I am sticking to it. However since I am not a lawyer exactly, I will be more than happy to get opinion from such sources, as well as people who have made successful headway.



Hi Keith,

Covert Human Intelligence Sources are there terms and so I think this would be the proper language to use, however why don't we get a few different opinions. I suggest the ACLU, plus other civil rights groups, get feedback there, then also legal feedback, then also feedback from targets that have had success. That three different sources of feedback. I will also use various lawyers.

If this is the same lawyer that told you to send out that same letter you have posted here, I would be a little worried. I think people should consult there own lawyer, try to get a free session, as some do offer this.



Actually the book Spying101 made some good suggestions about getting your FOIA request. That book is about how the Canadian Government Spied on it's citizens in universities and Colleges, but they gave an example on their site about the proper ways to get FOIA requests.

So that's why I don't see the letter as being helpful. I was going to try to see if I can find the suggestions they made. However because it was requesting information about spying on campuses, I don't know if parts of it can be applied, but that person knew what he was doing, because he had number and proper information, which got results.

Yeah you can be suspicious of my dismissive attitude, but then I am still worried about that letter. My concern is with and for the targets and making sure no more hurt comes to them as best as possible. Again though, people have to do what they think is best.












Keith, I recently suggested that people get their FOIA records, however doing it this way is not going to be a good thing for them. That's not disinformation. It's good to request your FOIA, how you go about it, makes all the difference. Don't take my word for it, or his, go to a third party that you trust, who are familiar with FOIA.

I will do that. I would also like to see how you requested your FOIA, because I don't think you used the above letter. I guessing no.

The other terms are not recognised terms, organized stalking, mult-stalking, cause stalking, if you had thrown in Cointelpro maybe, even then it's an old program. Yeah there careers would be over, right. I am going to disagree, because that's not what is currently happen. Again I suggested that people check with legit sources that are familiar with FOIA requests. I also suggested they check with targets who have had success getting their records. I also suggested they see what wording sources like the ACLU use, or how the Times which did a bunch of articles about ordinary people being placed under surveillance, how they placed their request.

Yeah I am really worried about the letter. This is not going to be helpful. My opinion is the same, targets need to send out FOIA requests, which is what I have been saying. How they do it, and in a legitimate fashion is as equally important or they will get screwed. Period.

Well I don't know about my group, but recently Gang Stalking World was mentioned in the New York Times, so we are getting the term normalised in society. I believe in doing this at a ground level, which has been working. Recently I suggested people take it up a notch with the FOIA request, as anyone coming to my website will see. I however suggest that they do so in a credible fashion, for their own sake as well as the causes sake.

I am all for getting together, but I am against much of the garbage that is out there, and unless I can find effective ways to filter that garbage, then there is no point. Anyways, my warning stands. Get the FOIA requests out, but do it in a credible fashion. I do not believe this letter in it's present format will provide this function. People have to do what they feel is best.

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Re: FOIA records.
Reply #3 - Dec 5th, 2008, 10:14am
 
Keith says that he is an attorney, which then means that he knew exactly what he intended to do with that letter. Read the letter yourself, check with the various sources for yourself, and I will also do likewise and let's see how much good this letter would have done for Targeted Individuals.  
 
There are lot's of free online legal sources, which might also be willing to give feedback. I am going to ask a few different lawyers for feedback.
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Re: FOIA records.
Reply #4 - Dec 5th, 2008, 11:08am
 
Quote:
When making a FOIA request, we have to be careful that we use the correct wording and information. Failure to do so can create poor results. Also we want to make sure to leave out outlandish wording. There are many sources online that can assist you with making a clear and concise request.

http://www.rcfp.org/foiact/index.html
http://www.rcfp.org/foiact/guide_h.html


http://epic.org/privacy/fusion/VA_FOIA021208.pdf

This is a copy of the Freedom of Information Act request from Epic a human rights organisation concerned with privacy and surveillance issues.

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« Last Edit: Apr 13th, 2009, 1:12pm by Gangstalking »  

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Re: FOIA records.
Reply #5 - Dec 5th, 2008, 12:21pm
 
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« Last Edit: Apr 13th, 2009, 1:10pm by Gangstalking »  

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Re: FOIA records.
Reply #6 - Dec 6th, 2008, 11:13am
 
Since covert opperations can be outsourced it's hard to know if you will get records, that is something to keep in mind.
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Re: FOIA records.
Reply #7 - Dec 15th, 2008, 8:41am
 
http://www.jbhfile.com/resourc…..foipa.html
 
<Name>
 
<AddressLine1>
 
<AddressLine2>
 
 
<insert DATE>
 
 
 
 
Re: Freedom of Information-Privacy Act request (FOIPA)
 
 
 
I, <insert name>, am requesting all documents the Federal Bureau of Investigation (FBI) has or maintains regarding myself as a person of interest in either current/open or past/closed investigations. In your search, please include all indices available to and part of the FBI records network.
 
Full Name:
 
XXXXXX
Current Address: XXXXXXXXXX
 
 
XXXXXXXXXX
 
 
 
 
Date of Birth:
 
XXXXXX  
Place of Birth:
 
XXXXXXXX  
Daytime Phone:
 
XXXXXXXX
 
 
It is my understanding that under FOIPA, there exist nine statutory exemptions which allow the FBI, on a discretionary basis, to withhold the provision of all (or segregable portions) of the requested documents; if above requested records or portions thereof are withheld due to the implementation of any constitutional exemptions stated in 5 U.S.C. § 552(b)(1)-(9), please note in writing that this is the case. Furthermore, please provide those records, or portions thereof, which are not within the statutory domain of any of the nine exemptions (5 U.S.C. § 552(b)).
 
It is my expectation that this request will be afforded due process via the FOIPA request system, including the assigning of an official FOIA request number. I am willing to incur all printing costs related to provision of requested documents.
 
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. All signatures under the certification of perjury statement must be an original signature, as the FBI is no longer accepting faxed signatures.
 
 
 
Signature _______________________________________ Date_________________________
 
 
 
 
 
Thanks in advance,
 
 
 
 
<insert NAME>
 
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Re: FOIA records.
Reply #8 - Dec 15th, 2008, 8:50am
 
Quote:

Various Online Resources

A Citizen’s Guide On Using The Freedom Of Information Act An excellent overview of how to employ FOIPA to make requests to federal agencies; quite extensive in it’s content. http://www.tncrimlaw.com/foia_indx.html

The First Amendment Center A good place to start for a complete overview of how to employ the FOIPA process to make your own requests to federal agencies http://www.firstamendmentcenter.org/Press/information/topic.aspx?topic=how_to_FO IA#request request

Justice Department Guide to the Freedom of Information Act Justice Department page on FOIPA including much good information and specifics on applicable exemptions. http://www.usdoj.gov/oip/foi-act.htm

FBI’s FOIPA Information Page Contains some helpful information regarding requests made to the FBI; (as a rule of thumb, never fax your FOIPA request, even if they say you can) http://foia.fbi.gov/

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Re: FOIA records.
Reply #9 - Dec 15th, 2008, 9:25am
 
http://www.jbhfile.com/resource_foipa.html
 
The examples and information in the two previous threads are from JBH he is a target of Gang Stalking and he has spent the last several years making his requests for his FOIA.
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Re: FOIA records.
Reply #10 - Dec 16th, 2008, 3:04pm
 
Information to access information forms for Canada. I have to get the UK, and the US, but I came across these.  
 
http://www.tbs-sct.gc.ca/tbsf-fsct/dwnld/350-57-eng.pdf
 
http://www.tbs-sct.gc.ca/tbsf-fsct/dwnld/350-58-eng.pdf
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Re: FOIA records Sample Request
Reply #11 - Dec 20th, 2008, 8:12pm
 
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Gang Stalking. FOIA records.
Reply #12 - Apr 12th, 2009, 12:42pm
 
Gang Stalking FOIA.
 
 
Is this specific FOIA request a ploy by the FBI to discredit targets and profile them as schizophrenic? Will this letter place targets on a watch list? Is it meant to be disinformation for targets? Is this letter actually helpful in anyway to targets?
 
 
http://asianvictimsassociation.ning.com/forum/topics/gang-stalking-foia-request
 
 
http://www.nowpublic.com/world/gang-stalking-foia-request
 
 
I came across this letter back in December. At the time I had major concerns about it. I posted those concerns as comments, so that if the user saw the letter they would at least think before they emailed or mailed off a document that could potentially send them to a mental institution or get them placed on a watch list.  
 
 
Here is a portion of the FOIA request, and for those more familiar with good FOIA request, you can let me know what you think.  
 
 
Quote:
12. Any FBI records indicating coercion or bribery being used by gang stalking groups to force or bribe neighbors, local businesses and others in the community of a targeted individual to participate in the gang stalking methods/activities directed against one or more targeted individuals within a community.



13. Any FBI records indicating the motives behind the stalking of individuals such as personal vendettas, family vendettas, whistle-blowing (corporate and government), employment disputes/lawsuits, political views, sexual orientation, interracial relationships, gay and lesbian relationships, HIV status, business disputes, marital disputes, monetary disputes, and any other similar motives for gang stalking.



14. Any FBI records indicating the funding of gang stalking groups including, but not limited to, narcotic and other racketeering funds, corporate funds, local business funds and government money (e.g. paid informants), monetary crimes by the gang stalkers, or, payment for surveillance or intelligence collected by gang stalking groups paid for by racketeers, narco-traffickers and/or other criminal associations made to the gang stalkers for services gang stalking groups rendered.



15. Any FBI records indicating the number of informants (paid and unpaid) under the control of federal, state and local law enforcement within these gang stalking groups. For instance, during the Civil Rights Era the FBI now acknowledges 20% of KKK members were informants.



16. Any FBI records relating to a List on which gang stalking victims are placed which initiates and/or maintains the gang stalking activities against them.



17. Any FBI records indicating a hierarchy within the gang stalking groups including a chain of command.



 
 
Here is a link on my forum to my concerns about this letter, which I have now seen on YouTube, and posted in other places.  
 
 
http://gangstalkingworld.com/Forum/YaBB.pl?num=1226891452
 
When I saw the letter I spoke to the originator of the letter directly to find out what was going on. He claims to have experience with this stuff, claims to be a lawyer, but based on this FOIA request, I had very deep concerns. I believe my comments have been deleted from the thread and the plan has gone forward, so that's why I am highlighting this in several places.  
 
Before sending off a FOIA request you might want to run it past a lawyer. I am taking the time to post about this because I have a few concerns, specifically that this could get a target put on a watch list, or the letters could be used to profile targets as mentally unstable and could be a problem for activists in future. Just think of this letter arriving in multiple forms for all their behavioural specialists. It seems to have been designed that way. I don't claim to be an expert, but I did take the time to find what others had done, and how they had requested FOIA requests.  
 
 
http://www.rcfp.org/foiact/index.html  
http://www.rcfp.org/foiact/guide_h.html  
 
 
Quote:

Your address
Daytime phone number

Date

Agency Administrator
Agency
Address

FOIA Appeal

Dear Administrator:

This is an appeal under the Freedom of Information Act, 5 U.S.C. § 552.

On (date) I made a FOIA request to your agency for (brief description of what you requested). On (date), your agency denied my request on the grounds that (state the reasons given by the agency). Copies of my request and the denial are enclosed.

(When the agency delaysSmiley It has been (state number) business days since my request was received by your agency. This period clearly exceeds the 20 days provided by the statute, thus I deem my request denied. A copy of my correspondence and the postal form showing receipt by your office are enclosed.

The information which I have requested is clearly releasable under FOIA and, in my opinion, may not validly be protected by any of the Act’s exemptions.

(Here, insert legal and "public policy" arguments in favor of disclosure, if you wish. You are not required to make legal or policy arguments to support your appeal; if you simply state “I appeal” the agency will review the documents and the justifications given in the original denial. However, it is usually a good idea to try to persuade them to release the information. See the Federal Open Government Guide (www.rcfp.org/fogg/index.php?i=ex1) for further information on any of the specific exemptions cited by the agency in their denial of your original request. The descriptions contained there should suggest arguments you can make to counter the agency’s assertions.)

I trust that upon re-consideration, you will reverse the decision denying me access to this material and grant my original request. However, if you deny this appeal, I intend to initiate a lawsuit to compel disclosure. (Don’t include this as an idle threat. But if you do intend to follow up with a lawsuit, say so. Often the agency will more closely consider its position when it knows it will have to defend it in court soon.)

As I have made this request in the capacity of a journalist (or author, or scholar) and this information is of timely value, I would appreciate your expediting the consideration of my appeal in every way possible. In any case, I will expect to receive your decision within 20 business days, as required by the statute.

Thank you for your assistance.

Very truly yours,

Your signature



 
 
http://epic.org/privacy/fusion/VA_FOIA021208.pdf
 
The first two links above are for generic requests, and the pdf is a link from a group called epic and how they went about requesting info for a fusion center.  
 
It really important how you approach the issue. Based on events that happened during Cointelpro, I am worried that this letter might be another Cointelpro like tactic, that's why before sending in this letter, I would recommend targets check with a lawyer, or someplace that's familiar with FOIA requests to see if this letter would be helpful, or if it's more likely to get them put on a watch list, be deemed as mentally ill, or  
if this letter would actually be helpful to them.  
 
You can always use the generic letters provided. Those should be safe and pretty effective. I think to the new target on line who wants to be active this letters might be detrimental to them. Again I don't claim to be an expert. I would just encourage targets to review this before putting themselves in jeopardy.
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Re: FOIA records.
Reply #13 - Apr 2nd, 2010, 7:49pm
 
Quote:
http://www.ico.gov.uk
www.ico.gov.uk/for_organisations/topic_specific_guides/health.aspx+community+hea lth+and+safety+freedom+of+information

Data protection – looking after the information you hold about patients

If you handle and store information about identifiable, living people – for example, about patients – you are legally obliged to protect that information.

Under the Data Protection Act, you must:

* only collect information that you need for a specific purpose
* keep it secure
* ensure it is relevant and up to date
* only hold as much as you need, and only for as long as you need it
* allow the subject of the information to see it on request.

Your patients have rights to see their personal information. They can make a subject access request to see the personal information you hold about them.

Find out more about your data protection obligations. You can also find help on your obligations regarding the storing and release of any professional opinions you supply.
Notification with the ICO

If you handle personal information, you may need to notify as a data controller with the Information Commissioner. Notification is a statutory requirement and every organisation that processes personal information must notify the Information Commissioner’s Office (ICO), unless they are exempt. Failure to notify is a criminal offence. Please check here for details.
Violent warning markers

These are a way of identifying individuals who may pose a risk to members of staff – they are usually a flagged piece of text attached to an individual’s file. See our guidance on how to do this and remain compliant with the Data Protection Act.
Employment

If you are an employer, you are obliged to protect your employees’ personal information. For more information, see our section on employment; our Quick Guide to the Employment Practices Code gives practical advice on handling employees’ personal information, on monitoring at work and on employees’ rights. You will also find help on your obligations regarding the storing and release of any references you supply.
Freedom of information – making public information available

The Freedom of Information Act means that public authorities must disclose official information when people ask for it (unless there is a good legal reason not to), and they must reply within 20 working days. Find out about your Freedom of Information obligations.
Medical records of the deceased

Health organisations often get freedom of information requests relating to the medical records of the deceased. There are no special exemptions under the Freedom of Information Act about the deceased, but you do need to consider whether the information is sensitive. See our technical guidance note 'Access to information about the deceased'. The ICO has ruled on a similar request, although every decision is made on a case by case basis. There is also a decision notice for this case.
Health and Safety

Some information may be exempt from release under the Freedom of Information Act if it would be likely to endanger people’s health and safety. For more information, see our guidance.
Publication Schemes

If the establishment you work in is a public authority, the Freedom of Information Act means you must produce a Publication Scheme, which outlines the information you will routinely make available to the public - such as minutes of meetings, annual reports or financial information. Find out about the obligations of health practitioners. To help you, we have provided model publication schemes for health authorities to follow:

* Community Health Councils
* Health and Social Services Councils
* Health bodies in England
* Health bodies in Northern Ireland
* Health bodies in Wales
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Re: FOIA records.
Reply #14 - Apr 2nd, 2010, 8:56pm
 
http://www.ipc.on.ca/English/Access-to-Information/Accessing-Personal-Informatio n/
 
Quote:

Accessing Personal Information

Under FIPPA and MFIPPA, with some exceptions, individuals have a right to access and request correction of their own person information held by government organizations. Under PHIPA, with some exceptions, individuals have a right to access and request correction of their own personal health information held by health information custodians.

For information on your right to access and/or request correction of your own personal information held by government organizations under FIPPA and MFIPPA, please refer to our brochure, Your Privacy and Ontario's Information and Privacy Commissioner. For more information on how to access personal information in the possession of provincial government organizations, please refer to the paper, If you wanted to know…How to access your personal information held by the province. For information on your right to access and/or request correction of your own personal health information under PHIPA, please refer to our brochure, The Personal Health Information Protection Act and Your Privacy.

Under FIPPA and MFIPPA, “personal information" means recorded information about an individual. This may include the individual’s name, address, sex, age, education, medical or employment history – and any other information about the individual. Government organizations collect personal information as part of their role in providing services to the public. For example, you give personal information to a government organization when you fill out an application for programs or services, such as a driver's license or building permit.

A Directory of Records for provincial government organizations is available for viewing online at www.accessandprivacy.gov.on.ca. The directory describes the kinds of personal information kept by each provincial government organization. Municipal government organizations have their own directories, which should be available at offices such as city halls, police departments and boards of education.

In many cases, you should be able to see your personal information and/or request correction of your personal information just by calling, writing or visiting the appropriate government organization. (If unsure of an address or telephone number, consult the Blue Pages in your telephone directory.)

If you do not obtain the information you want, or the government organization refuses to correct your personal information, you should make a formal freedom of information request in writing. You can make a freedom of information request by simply following these steps:


 
This is for the province of Ontario in Canada. Most provinces should be the same. I will try to locate Vancouver's, but most targets should be able to do this.
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