u.s. Department cl Justice

Federal Bureau at Investig- err

 

 

0.0 217535

March a, 2015

   

Vov

FOIFA Request 331089-000
Suuiect: Surveillance Planes Program
Records

 

Dear Mr. MacdonaId-Evoy:

The enclosed documents were reviewed under the Freedom ot intormation Acl troml, Title 5' United States
Code' Section 552. Deletions have heen made to protect inlormation which is exempt trom disclosure. with the
appropriate exemptions noted on the page next to the excision. In addition. a deleted page inlormauon sheet was
insened in the lite to indicate where pages were withheld entirely. The exemptions used to withhold intormation are
marked helow and explained on the enclosed Explanation ol Exemptions.

Section 552 Section 552-

(MONA) (W5)
(W2) 
(W3) 00(1)

00(2)

00(3)

00(4)
7 00(5)
(W5) (W9) 00(5)
(W5) 00(7)

133 pages were reviewed and 133 pages are being released.

7 were located which originated with, or contained inlormation concerning other
Government Agency lies) 

This inlonnation has heen reterred to the oeAtsl tor review and direct response to you.

We are consulting with another agency. The FBI will correspond with you regarding this
inlonnation when the consultation is completed.

ln accordance with standard FBI praclice and pursuant to exemption (mama and Privacy Act
exemption mm [5 use 552/552a this response neither conlirms nor denies the
existence ol your suhiect's name on any watch lists.

The enclosed material is trom the main investigative lilels) in which the subjecl|s) ot your request was
the tccus ol the lnvesligallnn. Our search located additional reterences. in lites relating to other individuals, or
matters. which may or may not be ahout your subjecl(s). Our experience has shown when ident, reterences
usually contain intormation similar to the inlormauon processed in the main lilels). Because ol our signilicant
backlog, we have given priority to processing only the main investigative lilels). ll you want the relererlces'

you must submit a separate request for them in writing, and they will be reviewed at a later date, as time and
resources permit.
For your information, Congress excluded three discrete categories of law enforcement and national security
records from the requirements of the FOIA. See 5 U.S. C. § 552(c) (2006 & Supp. IV (2010). This response is limited
to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our
requesters and should not be taken as an indication that excluded records do, or do not, exist. Enclosed for your
information is a copy of the Explanation of Exemptions.
For questions regarding our determinations, visit the www.fbi.gov/foia website under “Contact Us.”
The FOIPA Request Number listed above has been assigned to your request. Please use this number in all
correspondence concerning your request. Your patience is appreciated.
You have the right to appeal any denials in this release. Appeals should be directed in writing to the Director,
Office of Information Policy (OIP), U.S. Department of Justice,1425 New York Ave., NW, Suite 11050, Washington,
D.C. 20530-0001, or you may submit an appeal through OIP’s eFOIA portal at
http://www.justice.gov/oip/efoia-portal.html. Your appeal must be received by OIP within sixty (60) days from the date of
this letter in order to be considered timely. The envelope and the letter should be clearly marked “Freedom of
Information Appeal.” Please cite the FOIPA Request Number assigned to your request so that it may be easily
identified.

Sincerely,

David M. Hardy
Section Chief
Record/Information
Dissemination Section
Records Management Division

Enclosure(s)
This is in response to your Freedom of Information Act (FOIA) request for information in FBI files
pertaining to FBI surveillance planes. Documents responsive to your request have now been processed pursuant to
the provisions of the FOIA. All releasable information is enclosed with this letter.
Please note that information believed to be responsive to this request continues to be processed. You
will be advised upon its completion.

 EXPLANATION OF EXEMPTIONS
SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552
(b)(1)

(A) specifically 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 classified to such Executive order;

(b)(2)

related solely to the internal personnel rules and practices of an agency;

(b)(3)

specifically 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;

(b)(4)

trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(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 files and similar files 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 confidential source, including a State, local, or foreign agency or authority or any private
institution which furnished information on a confidential 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 confidential 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 financial 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;

(j)(2)

material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or
apprehend criminals;

(k)(1)

information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy,
for example, information involving intelligence sources or methods;

(k)(2)

investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit 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 confidence;

(k)(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;

(k)(4)

required by statute to be maintained and used solely as statistical records;

(k)(5)

investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment
or for access to classified 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 confidence;

(k)(6)

testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service he
release of which would compromise the testing or examination process;

(k)(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 confidence.
FBI/DOJ