FreeDmitry

Martin Peck filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking # 1307274-000
Status
Completed

Communications

From: Martin Peck

To Whom It May Concern:

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

Records associated with CR 01 20138 Aug 28, 2001 USA v. ELCOM LTD. a/k/a ELCOMSOFT CO. LTD. and DMITRY SKLYAROV. Please include records associated with execution of arrest warrant on July 16, 2001 in Las Vegas, Nevada and records associated with lodging at North Las Vegas Detention Center and Oklahoma City Federal Prisoner Transfer Center.

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, DVD-R, or BD-R 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,

Martin Peck

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

Dear Mr. Peck,

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: Federal Bureau of Investigation

A fix is required to perfect the request.

From: Martin Peck

Please recognize the public interest in this request for responsive records as follows:

First and foremost, extensive media attention during this period was generated due to the intersection of "hacking" and "reverse engineering" combined with the DMCA provisions deeming some technologies illegal at interest to the information technology industry as a whole. This reason alone is sufficient and compelling justification for transparency in a watershed case, however, I shall continue.

Second, this case involved not a US citizen, but a foreign national. As has recently been scoured in the technical press, Wassenar with its incumbent BIS obligations has brought discussion of the risks foreigners face visiting the EU and US, in addition to US citizens abroad who now find themselves subject to severe technical controls due to their industry participation. I feel that surely this must provide beyond sufficient justification for public interest in documents responsive to this request, yet I shall continue to exhaust the relevant perspectives in my quiver of inquiry.

Thus thirdly, the conference venue, DEF CON security conference, itself of notoriety and high esteem in the technical community, was the operating domain for the closing moves of this investigation. The logistics and technical considerations for operating in this domain thus also compounds the public interest in the activity for which the records responsive to this request have been requested.

Fourthly, and there is a fourthly for sure, the activities undertaken by the agency were at risk of alienating a talent pool the Bureau has increasingly courted and pursued for their invaluable skills in digital forensic analysis, reverse engineering, and information security. Balancing actions before a critical group who also interacts frequently with the agency, and from whom the Bureau itself draws professional talent, amplifies the interest and relevance of this inquiry, and the need for unrestrained transparency when identifying documents responsive to this request.

Lastly and finally, yet not to diminish the inherent privacy rights afforded to all earth humans, inalienable, with justice for all, the privacy rights which this agency has cited in justification for limiting the documents responsive to this request, please note that the privacy exemptions provided by law are specific and limited to situations where there is a compelling personal privacy interest. The agency has not provided any compelling privacy interest on behalf of the fine Mr. Sklyarov, and his foreign status removes the common privacy concerns of an individual within a domestic community at issue in responsive documents. It is fully reasonable, per Department of Justice v. Reporters Committee for Freedom of the Press, that the FBI may provide documents detailing "what they were up to" in this investigation, without indue burden on the privacy rights of a foreign citizen briefly visiting to attend a public conference in the United States.

Please do recognize and acquiescence to the public interest so broadly in view.

Best regards,
Martin Peck

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

Dear Mr. Peck,

The FBI has received your additional correspondence regarding your Freedom of Information Act/Privacy (FOIPA) request and it has been forwarded to Initial Processing or the assigned analyst for review. If appropriate, a response will be forthcoming.

Additional information regarding the FOIPA may be accessed at http://www.fbi.gov/, http://www.fbi.gov/foia/ or http://www.justice.gov/oip.

If you require additional assistance please contact me.

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

A copy of documents responsive to the request.

From: Federal Bureau of Investigation

A cover letter granting the request and outlining any exempted materials, if any.

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