|Submitted||Jan. 2, 2011|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
A list of websites blocked by the 24th Air Force because those websites posted materials leaked to WikiLeaks.
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.
SECRETARY OF THE AIR FORCE
655 W. Ent Avenue, Suite 107
Peterson AFB CO 80914-1645
SECRETARY OF THE AIR FORCE,
On Jan. 2, 2011 I requested "A list of websites blocked by the 24th Air Force because those websites posted materials leaked to WikiLeaks."
These records were withheld in full by Matthew J. Polgar by citing FOIA exemption 2. Mr. Polgar did not cite whether he was using exemption 2 (high or 2 (low). However, I believe both exemptions are inappropriate for this case.
“Low 2” does not cover documents that could be viewed as the subject of legitimate public concern (Dep’t of the Air Force v. Rose, 425 U.S. 352 (1976)). The requested documents are clearly of legitimate public concern. The military's restriction of access to information freely available to the world including the enemy causes concern to the general public and is of legitimate public concern. Furthermore, censoring news sources is of legitimate public concern. According to news sources, these documents will reveal that the USAF is restricting military access to at least one of America's largest news papers, this is of significant and legitimate public concern.
High 2 presumes that requesters should not get information that will allow them to circumvent not only laws, but agency policies and procedures as well. Since discolsure of the responsive records would not allow the public to “circumvent” the agency’s regulations or statutes, exemption "High 2" does not apply(Crooker v. Bureau of Alcohol, Tobacco and Firearms, 670 F.2d 1051 (D.C. Cir. 1981)).
Please release the responsive documents in full.
This appeal has been pending for over five months. Please inform me of the status of this appeal, the number of appeals total pending and this appeals position in that queue.
I apologize, but I have check the system and can't find a FOIA
appeal that your submitted. Can you tell me how it was submitted and to
who, maybe I can track it down.
Air Force FOIA Office
(703) 696-6487, DSN 426-6487
The appeal was mailed to Secretary of the Air Force, 21 CS/SCOKF (FOIA), 655 W. Ent Avenue, Suite 107, Peterson AFB CO 80914-1645.
Here is the text of the appeal:
Your Appeal request was sent to the wrong office. I had instruction
the FOIA manager to accept your appeal, which she did, Appeal Number
2011-00184-A. This email is the acknowledgment letter that your appeal has
been accepted and it will be added to your case file. If you should have
any question, please contact me.