Any documents relating to TrueCrypt software, its developers and the TrueCrypt Foundation (Federal Bureau of Investigation)

Kieran Braddock filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking # AP-16-00293 ; 1333969-000
Due Aug. 26, 2015
Est. Completion None
Status
Awaiting Response

Communications

From: Kieran Braddock

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

A- Any documents relating to the software known as "TrueCrypt" or any other software built off of or using TrueCrypt source code.

B- Any documents relating to the developers of TrueCrypt as well as any known contributors to the TrueCrypt project.

C- Any communications or any kind relating to TrueCrypt or its development team.

Please include any processing notes made in completing this request.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Kieran Braddock

From: Sobonya, David P. (RMD) (FBI)

Dear Kieran Braddock,

The FBI has received your Freedom of Information Act/Privacy (FOIPA) request and it will be forwarded to Initial Processing for review. Your request will be processed under the provisions of FOIPA and a response will be mailed to you at a later date.

Requests for fee waivers and expedited processing will be addressed once your request has been assigned an FOIPA request number. You will receive written notification of the FBI’s decision.

Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov<http://www.fbi.gov>/, http://www.fbi.gov/foia/ or http://www.justice.gov/oip. If you require additional assistance please contact the Public Information Officer.

Thank you,

David P. Sobonya
Public Information Officer/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

From: Federal Bureau of Investigation

An interim response, stating the request is being processed.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 29, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #133969-000.

Thanks for your help, and let me know if further clarification is needed.

From: Sobonya, David P. (RMD) (FBI)

Dear Keiran Braddock,

Due to the voluminous requests that the FBI receives on a daily, weekly, monthly and annual basis, requesters are encouraged to utilize the online option to Check the Status of Your FOIPA Request by following the instructions in the attached sample. The last status update was performed on September 16, 2015.

Upon entering your FOIPA Request Number, the requester will be provided “ONE” of the following STATUS RESULTS:

The FBI’s FOI/PA Program is processing your request in accordance to the Freedom of Information and Privacy Act guidelines. *The Disclosure analyst is making a line by line, page by page review of the records to determine if any redactions are required pursuant to subsections of Title 5, U. S. Code, Section 552 and 552a. Upon completion, the records are forwarded to a supervisor for review, if approved, a release will be forthcoming.

The FBI’s FOI/PA Program is searching the FBI’s indices for potentially responsive documents. You may be contacted via form letter for all fees and/or negotiation issues that may apply. *Requests are received by Initial Processing (IP) where they are opened, assigned a FOIPA Request Number and correspondence mailed to the requester. The IP analyst searches for, retrieves and reviews potentially responsive records. If responsive records are located, they are forwarded to Disclosure for processing.

The FBI’s FOIPA Program has identified potential responsive information to your request and awaits assignment to a Government Information Specialist (GIS) for further processing. *Responsive information was located and has been forwarded to the “Backlog” where the request awaits assignment to a GIS for processing.

The information you have requested is part of a previously requested subject matter and will be preprocessed in accordance to the prior releasable information. *A previous request has already been made for the subject matter.

The request is currently in appeal status with the Office of Information Policy (OIP). *The FBI is not involved in the appeals process so please contact OIP’s Customer Service regarding appeal matters at (202) 514-3642.

The request is currently in litigation with Federal Court

The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file. *Correspondence and/or a release of records were recently mailed. If you recently had a change of address please contact us at foiparequest@ic.fbi.gov<mailto:foiparequest@ic.fbi.gov>.

Please contact me if you require further assistance.

Thank you,

*Material is provided for information purposes

David P. Sobonya
Public Information Officer/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

From: Federal Bureau of Investigation

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: Kieran Braddock

I would like to submit an appeal to the rejection of this FOIA request.

Pursuant to the “trade secret” exemption, the information I have requested is neither financial nor commercial in nature. The use or non-use of TrueCrypt software does not constitute “insider information” as I am not requesting information on who specifically does or does not use the software.

Pursuant to the “obtained from a person” exemption, the information I am requesting is not generated by a person but by a federal agency which does not qualify as a person under the Administrative Procedure Act (Stone v. Exp.-Imp. Bank of U.S., 552 F.2d 132, 136 (5th Cir. 1977); 5 U.S.C. § 551(2).) The fact that the information could be about an individual does not mean that, in the eyes of the statue, it can be considered “coming from a person” (see previous citation).

Pursuant to the “privileged or confidential” exception, there is a significant public interest in understanding what (if any) involvement and interest the Federal government has with the software TrueCrypt or it's development team. The development of the software is discontinued however it is still used by many people to secure critical data. Even with its development halted, TrueCrypt remains a viable tool for data security in the short term future provided it can be established that it remains secure.

In future correspondence please use the addressive “Mr.” in place of “Ms.”

Thank you for your time.

From: OIP-NoReply

Please do not reply to this e-mail, as this account is not monitored. To ensure a prompt reply, please direct any inquiries to the contact information listed in the correspondence provided to you. Thank you.

From: OIP-NoReply

Please do not reply to this e-mail, as this account is not monitored. To ensure a prompt reply, please direct any inquiries to the contact information listed in the correspondence provided to you. Thank you.

  • Braddock, Keiran 16-00293 (2-18-16) remand.further.processing.exemptio

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