John David McAfee (1945 – 2021)
It is a clone of this request.
| Tracking # |
CBP-2021-077144 |
| Submitted | June 23, 2021 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All CBP records of travel, border crossing, and screening for the individual listed below with his identifiers:
Full name: John David McAfee
Date of Birth: September 18, 1945
First five digits of Social Security Number 223-60;
POB: United Kingdom
Please note that McAfee is noted as holding a British passport, though he is also an American citizen. He has bragged of possessing passports of multiple nations as well.
The subject individual is deceased; please find attached a news story submitted as proof. Records concerning the named individual have a diminished privacy interest under the Privacy Act and the privacy exceptions to Freedom of Information Act. The records should therefore be released.
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 there are fees, 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,
T. McElwee
From: United States Customs and Border Protection
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=CBP-2021-077144&type=request)
* Tracking Number: CBP-2021-077144
* Requester Name: T. McElwee
* Date Submitted: 06/23/2021
* Request Status: Submitted
* Description:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All CBP records of travel, border crossing, and screening for the individual listed below with his identifiers:
Full name: John David McAfee
Date of Birth: September 18, 1945
First five digits of Social Security Number 223-60;
POB: United Kingdom
Please note that McAfee is noted as holding a British passport, though he is also an American citizen. He has bragged of possessing passports of multiple nations as well.
The subject individual is deceased; please find attached a news story submitted as proof. Records concerning the named individual have a diminished privacy interest under the Privacy Act and the privacy exceptions to Freedom of Information Act. The records should therefore be released.
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 there are fees, 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,
T. McElwee
Attachments:
https://cdn.muckrock.com/outbound_composer_attachments/LXHXZZTVENTLKU/97925/John_McAfee_found_dead_in_prison_after_Spanish_court_allows_extradition___Reuters.pdf
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
From: United States Customs and Border Protection
CBP-2021-077144 has been processed with the following final disposition: Improper FOIA Request for Other Reasons.
From: T. McElwee
To whom it may concern:
I hereby APPEAL determination in my FOIA request, issued tracking # CBP-2021-077144.
The request was closed with the vague statement "Improper FOIA Request for Other Reasons."
I assert that this FOIA request was entirely proper. John David McAfee is dead, and privacy rights recognized under the Privacy Act and exemptions to FOIA are diminished post-mortem. Further, McAfee was a public figure, and information regarding McAfee's travels is of public interest given that he spent considerable time as a fugitive from justice. He has boasted about his lifestyle on a publicly available social media outlet (Twitter) where his account has 1 million followers.
In the FOIA balancing test, the public interest in these records outweighs any privacy interest.
My prayer for relief is for this denial to be overturned, for the FOIA request to be remanded to a properly credentialed custodian for search and production.
-T. McElwee
From: United States Customs and Border Protection
The FOIA
appeal
- CBP-AP-2021-085747 has been supplemented with additional supporting files. Additional details for this item are as follows:
* Tracking Number: CBP-AP-2021-085747
* Requester: T. McElwee
* Submitted Date: 07/20/2021
* Description:
I assert that this FOIA request was entirely proper. John David McAfee is dead, and privacy rights
recognized under the Privacy Act and exemptions to FOIA are diminished post-mortem.
From: United States Customs and Border Protection
Please log into your FOIAonline account to receive a copy of your decision.
CBP-AP-2021-085747 has been processed with the following final disposition: Completely Reversed/Remanded.
Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by [FOIAONLINE_HOME]. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor.
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