|Submitted||Nov. 8, 2012|
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
To Whom It May Concern:
This is a request under the provisions of the Privacy Act and the Freedom of Information Act. Please process this request under both regulations to release the maximum amount of materials. I hereby request the following records:
I request copies of any and all reports, including social media reports, correspondence, documents, emails, files, letters, memos, tapes, cds, audio, video, electronic, and/or other records about, related to, or referencing Jonathan J. Sidote. I prefer to receive the requested record in the electronic format in which it was created and/or is maintained.
I, Jonathan J. Sidote, am an activist promoting civil liberties using direct action and social media. I function both independently and in affiliation with groups such as the Occupy Wall Street movement. I have attended numerous demonstrations for a wide variety of causes that I consider to be threats to our freedom, civil liberties or Constitutional rights. One such demonstration took place on March 29, 2012 in a show of support for the seven plaintiffs who filed the Hedges et al v Obama e al lawsuit against our government petitioning to overturn section 1021 of the National Defense Authorization Act for fiscal year 2012. As the trial began a group consisting of both independent activists, as well as members of organizations including RevolutionTruth, We Will Not Be Silent, the Occupy movement, and StopNDAA had marched around the courthouse and immediate area. During this period of time I noticed a gentlemen who appeared to be attempting to blend in with demonstrators. Later that day when the march had reached its end at Union Square, NYC, I saw the same gentleman walk by me carrying a communications device labeled "NYPD" while charging my phone on the eastern side of Union Square. On the train ride back to New Jersey there was an armed officer at a constant six to seven feet away from me at all times, and when I reached my destination there was a Transit Police vehicle parked in the lot of Woodbridge train station. There was also a Transit Authority police vehicle stationed in the same parking lot when I returned from the May Day protests in New York City on May 1, 2012. After reading an article (http://m.gawker.com/5850054) on the independent news website Gawker, about security consultant and admitted NYPD and FBI informer, Thomas Ryan, I believe the man in the photos that are included in that article is the same man I saw during the NDAA demonstration on March 29, 2012.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
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.
Jonathan J. Sidote
Dear Mr. Sidote,
The FBI has received your Freedom of Information Act/Privacy (FOIPA) request. Before we can process your request you must complete and submit the U. S. Department of Justice (Certification of Identity) Form DOJ-361. Privacy Act requests (records about yourself); require an original and legible signature, and the “penalty of perjury statement” which is included on the form.
If you do not wish to use the Form 361, your request must be accompanied by a notarized signature or a statement signed under penalty of perjury stating that you are the person that you say you are. The statement should be above your signature and state, “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].”
The Form 361 is available by accessing the Freedom of Information Act link at http://www.fbi.gov/, http://www.fbi.gov/foia/ or http://www.justice.gov/oip/. The form may be mailed to the address below or faxed to (540) 868-4391/4997. A scanned copy is acceptable if sent by electronic means but the FBI does not accept digitally signed signatures. You may submit an attachment listing additional information that may aid in locating responsive records. Please place your name and contact information on the attachment. For complete information on where and how to submit a request, see Requesting FBI Records under the Freedom of Information Act website listed above.
If you require additional assistance please contact the Public Information Officer.
Attached is the requested file.
In addition, I believe this request meets the criteria for expedited processing under 28 CFR 16.5(d)(1)(ii) and (iii):
(ii) An urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engaged in disseminating information;
This request concerns the monitoring of citizens and foreign nationals by the government in ways that possibly violate due process and privacy rights, and is being filed in conjunction and cooperation with MuckRock, a national news organization that has reported widely on this issue.
The loss of substantial due process rights;
Relating to the possible release of information that could be useful in an ongoing related lawsuit filed to stop the NDAA (Hedges et al v Obama et al), against the indefinite detention provisions in Sec 1021 of the 2012 National Defense Authorization Act.
Dear Mr. Sidote,
Before the FBI can process your Freedom of Information Act/Privacy (FOI/PA) request you must provide the following information highlighted with an “X” Mark.
_____The Legal Administrative Specialist (LAS) who is processing your request has asked for the following clarification:
_____A current mailing address is required as the FBI does not send releases and/or correspondence by electronic means.
_____Proof of death is required such as: (death certificate, obituary, written media, recognized source that can be documented, Who’s Who in America, FBI file that indicates subject is deceased, or the Social Security Death Index Page). Proof of death is not required if date of birth is 100 years ago or greater.
_____A website link does not satisfy the proof of death requirement
___X__The FBI does not accept digitally signed signatures. The signature must be original and legible. A scanned version is acceptable.
__X___The U. S. Department of Justice DOJ-361 Form (Certification of Identity) requires an original and legible signature
__X___Other information as stated: The DOJ361 required fields do not contain any data. Please resubmit
Please complete and submit the required information in order for the FBI to process your request.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2012. The requested personal information statement/waiver was submitted on Nov. 27, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
Dear Mr. Sidote,
The above FOIPA request was closed on 12-21-12 because you did not provide the required documentation. Please complete in entirety the U. S. Department of Justice (Certification of Identity) FORM DOJ-361, sign, date and return.
Please contact me if you require further assistance.