m!l I Ii) E I!l .com March 1, 2013 Freedom of Information Appeal, Deputy Director U.S. Secret Service, Communications Center 245 Murray Lane Building T-5 Washington, D.C. 20223 Re: Freedom of Information Act A eal of Case 20130322 To Whom It May Concern: I am writing to appeal the February 26, 2013 denial of my FOIA request for "any documents held by the U.S Secret Service concerning Aaron Swartz". A copy of the denial letter is attached. Without the intent of limiting any future action, I appeal on the following grounds: 1) The claimed exemption is inapplicable to the documents requested. In its denial, the Secret Service claims an exemption from the FOIA's requirement of disclosure under 5 U.S.C. 552(b)(7)(A), which exempts "records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information ... could reasonably be expected to interfere with enforcement proceedings." Mr. Swartz died on January 11, 2013, and on January 14, 2013, U.S. District Court Judge Nathaniel M Gorton dismissed the enforcement proceedings against Mr. Swartz. (See attached order U.S. v. Aaron Swartz, United States District Court District of Massachusetts, 1:11cr-10260 docket entry 105). On information and belief, there are no other enforcement proceedings involving the deceased Mr. Swartz. 2) The Secret Service did not conduct an adequate search for records. The FOIA requires that an agency "make reasonable efforts to search for records." 5 U.S.C 522(a)(3)(C). The denial letter claims "there are no records of documents available to you at this time" based on the claimed 5 U.S.C. 552(b)(7)(A) exemption. It does not indicate that a search was conducted. Given the language of the response and the fact that no documents were provided or listed as withheld, I can only conclude that a reasonable search was not conducted. This is a violation of the FOIA. 3) The Secret Service did not release segregable portions of the records. The FOIA requires that "[a]ny reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection . The amount of information deleted, and the exemption under which the deletion is made, shall be indicated on the released portion of the record, unless including that indication would harm an interest protected by the exemption in this subsection under which the deletion is made." 5 U.S.C. 552(b). The Secret Service released no portion of any of the records, in clear violation of this provision. Thank you for your consideration of this appeal. I will expect a reply within 20 days pursuant to 5 U.S.C. 522(a)(6)(A)(ii). Should you have any questions about this appeal, please feel free to contact me at (415)2768411. o Page2 Sincerely, Kevin Poulsen News Editor Wired 520 Third Street San Francisco, CA 94131 klp@wired.com March 1, 2013 * DEPARTMENT OF HOMELAND SECURITY UNITED STATES SECRET SERVICE WASHINGTON, D.C. 20223 Freedom of Information Act & Privacy Acts Branch Communications Center 245 Murray Lane, S.W., Building T-5 Washington, D.C. 20223 Date: FEB 2 6 2013 Wired. Com Attn: Kevin Poulsen File Number: 20130322 Dear Requester: This letter is intended to acknowledge the receipt of your recent Freedom of Information Act/Privacy Acts (FOWPA) request received by the United States Secret Service (USSS) on February 4, 2013, for information pertaining to Aaron Swartz. With regard to your request to have access to your file, we regret to inform you that we cannot comply. Under provisions of the FOIA, there are no records or documents available to you at this time. Pursuant to 5 U.S.C. 552(B)(7)(A), your file is being exempted since disclosure could reasonably be expected to interfere with enforcement proceedings. The citation of the above exemption is not to be construed as the only exemption which may be available under the FOIA. If you deem our decision an adverse determination, you may exercise your appeal rights. Should you wish to file an administrative appeal, your appeal should be made in writing and receiyed within sixty (60) days of the date of this letter, by writing to: Freedom of Information Appeal, Deputy Director, U.S. Secret Service, Communications Center, 245 Murray Lane, S.W., Building T-5, Washington, D.C. 20223. If you choose to file an administrative appeal, please explain the basis of your appeal and reference the case number listed above. Please use the file number indicated above in all future correspondence with this office. Sincerely, .!LNttf. r Brady J. Mills Special Agent In Charge Freedom of Information Act & Privacy Acts Officer Case 1 'll-cr-] 0260-?\lMG Document 106 Filed 01/14/13--IP~a~g~e l-'-Uo-l-.L.o_ _ _..........:..=~ ___ f 1 Case 1:11-cr-l0260-NMG Document 105 Filed 01/14/13 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA v. ) ) ) Criminal No. 11-10260-NMG ) ) AARON SWARTZ DISMISSAL Pursuant to FRCP 48(a), the United States Attorney for the District of Massachusetts, Carmen M. Ortiz, hereby dismisses the case presently pending against Defendant Aaron Swartz. In support of this dismissal, the government states that Mr. Swartz died on January 11, 2013. Respectfully submitted, ~~.&~ ~ CARMENM. ORTIZ United States Attorney ~~ SHENP:~NN Assistant U.S. Leave to File Granted: N?l"1fihrton. iUdg!''t/ 3 1 United States District Court ney