FOIA Avalanche! Using the System Against Itself

Forum member "Dreamer" had what I consider a brilliant idea on another thread.

Basically the idea goes like this: every time an LEO perpetrates an illegal detention or harrassment contact on an OCer, OCDO members from all over the country send FOIA/Sunshine Law requests to the agency involved. Most of the FOIA/Sunshine laws I have read require the government agency to respond within a certain number of business days.

This is basically using the bureaucracy against itself. Imagine having to respond to 20, 40, 500 FOIA requests. The agency involved might get a little cautious about letting its officers get away with illegal detentions and harassing contacts.

This is basically a tactic used by a number of inmates in the Soviet gulag--the gulag was the system of prison camps for political prisoners. A few of them got really smart. They discovered that every complaint they made had to be investigated and responded to. So about twenty or forty of them got together and started burying the bureacracy with formal complaints. Bureaucrats didn't dare ignore the complaints. A bureaucracy operates on policies and procedures, everybody following the rules for self-preservation, supervisors looking out for that subordinate who is collecting info so he can get rid of his boss and move into that position. It didn't take long before the gulag bureaucracy was going nuts, and getting tied in knots trying to handle the complaint papers. At least one of the inmates was released early.

I have to get back to something else just at the moment, so I'll leave the rest of the planning to others. For example, a list of all the government records that could be requested for a police encounter would be useful. Some more thinking about how to approach an actual request avalanche, for example, I'm thinking the first several requesters can limit their expenses by splitting up among them which records they would request. Members with deeper pockets could go for the recordings. And, of course, there would be a separate thread where members could report back the responses they get from the government agency. Other suggestions?

And, hats off to Dreamer for applying the bureaucracy tactic to FOIA/Sunshine Law requests.

You can read more about the gulag story here: http://lewrockwell.com/north/north1108.html

How does one do a FOIA and what does it cost? I will do my part, if there were some straight-forward instructions to follow. Next we need a thread dedicated only to posting a situation that we all need to FOIA. This thread should be limited discussion, so we know that when a post has been made to it, we need to act on it. Perhaps make it so only the mods can post to it.

I'm assuming my bookkeeper will let me write off the expenses.

MAC702 said:

How does one do a FOIA and what does it cost? I will do my part, if there were some straight-forward instructions to follow. Next we need a thread dedicated only to posting a situation that we all need to FOIA. This thread should be limited discussion, so we know that when a post has been made to it, we need to act on it. Perhaps make it so only the mods can post to it.

I'm assuming my bookkeeper will let me write off the expenses.

Click to expand...

I think (as in I don't have a clue) that in Kentucky the cost is just the actual cost of the records you are requesting. As in if it cost them $.50 per page then you have to pay only $.50 per page.

Also, I don't think it is hard to do a foia (I have never did one so I am also only guessing at this). I think all you have to do is list enough specifics to get to what you are wanting, such as their name, date, place of incident, etc.

Most states' FOIA law says something like "reasonable & necessary expenses", and often sets a $ amount, or a max amount per page. (Not that some agencies pay any attention to those rules.)

The more specific you can be in your request, the better. It's easier for them to find things, & harder for them to deny that they know what you want. If a request is too broad, they can refuse it because it takes too much effort.

Try something like:
"Please send all reports, emails, recordings, & other records pertaining to the [describe incident] at [address / intersection / venue] on [date] at [time, or time range]. Be sure to include [phone call audio, call log, dispatch log, dashcam & in-car audio/video, emails, voicemails, memos pertaining to [X]... whatever you particularly want]."

That casts a wide net. If you only want to get the audio of a phone call, say that. The next person may agree to only get the incident report(s).
If you are the subject of the records, you generally have more right to the information than Jane Q Public, so be sure to say it you are.

MAC702 said:

How does one do a FOIA and what does it cost? I will do my part, if there were some straight-forward instructions to follow. Next we need a thread dedicated only to posting a situation that we all need to FOIA. This thread should be limited discussion, so we know that when a post has been made to it, we need to act on it. Perhaps make it so only the mods can post to it.

I'm assuming my bookkeeper will let me write off the expenses.

Click to expand...

Laws vary a little from state to state. We may have to google the FOIA/Sunshine Law in the state where the illegal detention occurred.

Here is a sample FOIA request that uses ideas borrowed from an FOIA request that Mike Supermoderator did years ago and posted here:

http://forum.opencarry.org/forums/showthread.php?60096-Freedom-of-Information-Requests-in-VA&&

I don't recommend calling all over the country to find out who the custodian of the requested records is. Maybe the illegally detained OCer can dig that up for us at the time he posts about the police encounter.