Case 2:12-cv-01605-DLR-BSB Document 136-7 Filed 05/20/15 Page 1 of 4 ATTACHMENT 05 DANIEL RIGMAIDEN'S DECLARATION UNDER PENALTY OF PERJURY IN SUPPORT OF PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT Daniel David Rigmaiden v. Federal Bureau of Investigation, et al. CV12-01605-PHX-DLR ATTACHMENT 05: FBI's March 4, 2015, letter to Daniel Rigmaiden RE: FOIPA Request No. 1212582. Case 2:12-cv-01605-DLR-BSB Document 136-7 Filed 05/20/15 Page 2 of 4 U.S. Department of Justice 1» » ii i i if W I " *5 5 I I T it Washington, o.C. 20535 March 3, 2015 MR. DANIEL DAVID RIGMAIDEN 530 EAST MCDOWELL ROAD SUITE ‘I07-214 PHOENIX, AZ 85004 FIOIPA Request No.1 1212582-001 s Subject: WIRELESS DEVICE LOCATORS MANUFACTURED BY HARRIS WPG Dear Mr. Rigmaiden: The enclosed documents on seven CDs were re-reviewed under the Freedom of Information/Privacy Acts (FOIPA), Title 5, United States Code, Section 552/552a. Deletions have been made to protect information which is exempt from disclosure, with the appropriate exemptions noted on the page next to the excision. In addition, a deleted page information sheet was inserted in the file to indicate where pages were withheld entirely. The exemptions used to withhold information are marked below and explained on the enclosed Explanation of Exemptions: Section 552 Section 552a (b)('l) (b)(2) (b)(3) g 50 USC §3Qg4@_( ) 7 I[b]"[7III[A) 5&5 <[b]'l7il'lB) 'Ib]"[7III[C) l[di'(5) llI)'[-2) IKIIIIIII *IbIIII7Il'ID) IIKIIIIZII 'lbi"l7]lI[E) '[b]~[7]liF) *{l<]ll3Il ll)(1) (A) speci cally authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classi ed to such Executive order; (b)(2) related solely to the internal personnel rules and practices of an agency; (b)(3) speci cally exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; p (b)(4) trade secrets and commercial or nancial information obtained from a person and privileged or con dential; (b)(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; (b)(6) personnel and medical les and similar les the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (b)('7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information ( A) could reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person of a right to a fair trial or an impartial adjudication, ( C ) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D ) could reasonably be expected to disclose the identity of con dential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a con dential basis, and, in the case of record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a con dential source, ( E ) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or ( F ) could reasonably be expected to endanger the life or physical safety of any individual; (b)(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of nancial institutions; or (b)(9) geological and geophysical information and data, including maps, concerning wells. SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a (d)(5) information compiled in reasonable anticipation of a civil action proceeding; OX2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or apprehend criminals; (1<)(1) information which is currently and properly classi ed pursuant to an Executive order in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods; (l<)(2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, bene t or privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in con dence; (1<)(3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18,‘ United States Code, Section 3056; (1<)(4) required by statute to be maintained and used solely as statistical records; (1<)(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or quali cations for Federal civilian employment or for access to classi ed information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in con dence; (l<)(6) testing or examination material used to determine individual quali cations for appointment or promotion in Federal Government service he release of which would compromise the testing or examination process; (1<)(7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in con dence.