Phirst Amendment Vol. 1 Issue #10 01 May, 1993 A KAoS production Article I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or the press; or the right of the people, peaceably, to assemble and to petition the Government for a redress of grievances. +--------------------------------------------------------------------------+ | Editing, Story Continuity, & Public Relations...........David Lightman | | Good Cop................................................David Lightman | | Bad Cop.....................................................Anesthesia | | Editorial Assistance, Research, & Footwork.......................Storm | | Editing, Interviews, Public Polling, Canvassing.............Pink Freud | | | | Table of Contents...................................................01 | |* AC/DC...............................................................02 | |* Chemical of the Month ..................................03 | |* Poet's Corner....................04 | |* Virus World ............................................05 | | Executive Orders ..............................06 | |* Through the LoopHole ...............................07 | | Editorial on Unfair Transportation Acts .................08 | | How to Use the Freedom of Information Act ..............09 | |* Food for Thought ............................................10 | |* SoapBox ................................................11 | |* BBS Connection......................................................12 | |* Gnus Around Town....................................................13 | |* Feedbag.............................................................14 | | Addendum (Omissions, Apologies, etc.)...............................15 | | | |* - denotes regularly published columns | +--------------------------------------------------------------------------+ We [the volunteer staff of Phirst Amendment] and its contributors do not take responsibility for the use of the information contained in this publication. It is provided for your information. Any means by which one may use the information contained herein is strictly up to that individual. Any damages incurred by the use of this information is solely the responsibility of the person taking that action. Also, any library containing this publication is not responsible for the use of information contained within, as they are merely encouraging the application of First Amendment rights. +--------------------------------------------------------------------------+ | AC/DC | | Anesthesia's Comments/Daiv's Comments | +--------------------------------------------------------------------------+ /\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\AC/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\ Well, as time has passed, we have met quite a number of unusual people. We have also seen quite an increase in the comments we've been getting from just about everywhere. Plus, we've started getting more promises of articles. So. now I think I should re-affirm our views. We are a free-form publication that exists to express the views of our staff as well as others who submit articles, news, feedback, etc. We just like to show different views from all walks of life. Maybe some of it will interest you, maybe some won't. It also may affect you to hear it. Plus, it helps carry the other messages that we are trying to drive home to the maximum audience. We have also expanded our media to include a paper-form newsletter. This began with issue #4 and we have retro-edited #1 to fit this format. Now we are looking for carriers for it. So, if you ask, we will send it to you. (It's identical to the digital version.) You can pass this printed version on to your favorite bookseller or press. That way we'll be able to make each issue easily available. Like I said, plenty of changes this year. We Are listening to you! One thing we are trying to maintain, though, is the element of FACT! Sometimes we make mistakes (as can anyone) but for the most part we always try to insure that doubtful things are checked out. If we DO make a mistake, we're not afraid to admit it. If you know that something we've published is incorrect, let us know. We'll be sure to announce our error and clear up a possibly confusing situation. Also, we added a disclaimer that will be featured in each and every issue just to cover ourselves from any potential blame from articles featured in Phirst Amendment. I have many articles in the works. As soon as I get home I will begin adding them. I also plan on putting some of my previously written articles in this magazine. That includes such things as my text on how to create havoc in your school, malls, businesses, and other such fun places, my acronym database, my articles on extreme damage and other things like that. Thanks for reading. I hope we keep you entertained. -------------------------------------DC------------------------------------ We got together, knowing we had to do something about what's going on in our society today. We'd all rebuked the ideas force-fed us, but NOW was the time to do something. We needed a common-ground. "Arizona's a nice place, lots of hip people around, maybe we can get some assistance in this matter, there", mentioned Daiv. "Who the hell's gonna pay it?" queried Anesthesia. "I will. We can get part time jobs to pay major bills, and use my savings for whatever else comes up," said Daiv nonchalantly. "Okay, as long as you're footing the bill", chimed Storm (Storm chimes a lot.) So they loaded up the truck and moved to Phoenix... Arizona, that is - sand dunes, bumper cars... Anyway, we've overdone our stay here. We've devised a link to keep us in touch as we part. All authors that were flown in, were flown back home. The phone lines are disconnected. The apartment is empty. And we even got most of our deposit back. We're moving to an island nation far from the motherland. It's location isn't important, but hopefully, everything will work out right at that distance. One thing I WOULD like to mention, though: I'd really like to get more articles from the readers of this publication. At least let us know your perspective on what we're doing. If you like it, tell us! It gets kinda hard thinking that there are only 20+ people who care, of the thousands that read this mag. Next issue, we WILL have a mailing address for U.S. (SNAIL) mail. Feel free to send donations, subscription fees, etc. The printed copies end up costing approximately $1.50 with first-class postage and all. The research for each issue can cost between $100 to $750 depending on whom we fly in, whom we interview, what books we buy, etc. So, as you can see, any support is useful, and all support is welcome. -Daiv "Complain all you want, we'll print more!" - David Lightman [I've enjoyed Devo quite a bit and for some time. I can appreciate the work involved in their music. I have this tendency to overlook lyrics. Since we've started this column, I've learned to appreciate the political candor of so many lyricists. This song, as are so many, is representative of MY point of view, and how I feel about this publication and our goals.] +--------------------------------------------------------------------------+ | Poet's Corner | | by Devo | +--------------------------------------------------------------------------+ Shout! I'm shouting- about the world outside. I'm shouting- because you just can't hide, I'm shouting- from the plain, honest truth. I'm shouting- There's so much we can do. Shout! - I'm shouting... Shout! - I'm shouting... Shout! - I'm shouting... Shout! - I'm shouting... I'm shouting- because it's hard to believe, I'm shouting- it's so easy to see. I'm shouting- Waiting for a reply, I'm shouting- for the very last time. Shout! - Baby, this one's for you, Shout! - for everything that you do. Shout! - Until the battle is won, Shout! - We'll live to fight on and on. And when you add it all together, and when you roll it in a ball, and when you watch them build the pyramid, as it's about to fall- Remember you were there, remember if you dare, all those who held their ground, when it all came down said- SHOUT! Shout! - Baby, this one's for you, Shout! - for everything that you do. Shout! - Until the battle is won, Shout! - We'll live to fight on and on. /\/\/\/\/\/\/\/\/\/\/\/\/\ Chemical of the Month /\/\/\/\/\/\/\/\/\/\/\/\/\ by Anesthesia Acetic Anhydride (C4 H6 O3) AKA: Acetyl Oxide, Acetic oxic, Ethanoic anhydride Description: Colorless liquid, strong acetic odor Uses: Manufacture of pharmaceuticals, perfumes, dyes, vinyl acetate; Esterfying agent for food starch. Hazards: Moderately toxic; can damage skin. Keep cool and dry. Will Explode on contact with: Sulfuric Acid Nitric Acid [Due to popular response, more things to do while bored at home...] ** CO2 Bomb ** Empty CO2 cartridges can be used as mini-bombs or grenades, either singly or in groups; possibly attached to a central pipe bomb or grenade device. A 3/16" diameter hole is drilled into the neck of the cartridge. A small funnel is used to fill the bomb with black or smokeless powder. A section of 3/16" diameter cannon and hobby fuse is now glued into the hole. Be sure to cut the ends at a diagonal; this will insure positive ignition of the powder. If a fragmentation effect is most desirable to your cause, a layer of finish nails, or even tacks, can be taped to the outside of the cartridge. The nails may be dipped in the toxin of your choice. A fragmentation device with a greater blast-radius can be made by taping several of these small bombs to a central pipe bomb or grenade. The fuses of the individual bombs are trimmed to the same length and the ends are to be held together, loosely, with a rubber band. These fuses should be set to burn for several seconds [at LEAST!] than the main bomb or grenade fuse. When the main bomb explodes, the mini-bombs will, in turn, spray their respective areas with shrapnel. [The fuse rate will be accelerated by the heat caused from the blast, burning 2-10 times as fast as it does during standard situations.] The fuse should always be tested before use to determine the specific burning rate. Each new roll of fuse should be tested, as the burning rate may vary from one roll to another. Also, depending on if you have a large spool or small bobbin of fuse, the inner-most layers of fuse may have been compressed and/or had some of their flammable powder removed. In any combination of these cases, the burn rate can vary as much as 25%. The better the fuse (like you're going to `easily' come across REALLY good fuse) the less likely this phenomenon is likely to occur. [Thanks go to Dr. 8ball for his recommendation and `submission' of this pseudo-letter. It was included in an album by Jane's Addiction entitled Ritual de lo Habitual. It is included to create a feeling of 'not being alone' in this matter. It has the potential to stimulate some of the younger (school-aged) readers, who may not see the scope of the crimes committed against us, into action. Also, parents, please learn from the mistakes of YOUR parents. Don't do the same things to your children!] +--------------------------------------------------------------------------+ | To The Mosquitoes | | by Perry Ferrel | +--------------------------------------------------------------------------+ To The Mosquitoes, We have more influence over your children than you do, but we love your children. Most of you love them too, very much. You want what's best for them. Consider them when planning the future, right? Oh, Mother, Father, your blindness to our most blessed gift - NATURE - leaves us with the overwhelming task of correcting your utter mess. It also proves that you are no judge of art, nor of beauty. We learn from you how to become ideal adults? There are subjects that you passed over. Or maybe they are too painful to speak about? Nature and Art - What could be more breathtaking? I used to wish sometimes that I was a black man. I listened to the way black men spoke when they spoke about freedom, justice, and human rights. And in the way they spoke, I was sure they were speaking the truth. At the same time, there was a faint buzz, spreading to all of us the suggestion that the black man was not to be treated equally. For this, I envied the black man because it gave him a passion for his living and a cause to die for. Would you have ever imagined there would be children swinging in polluted playgrounds? Do you have children? Do you see yourself in them yet? Do they do whatever you tell them, or do they question authority? Do you take the time to explain things to them, or Do you blame the rest of the world for their mistakes? I used to wish sometimes that I was a woman. A woman is the most attractive creature nature has to offer a man. Why, then, is it such a shame to see her unclothed? I feel more shame about a man watching a Quick- Mart being built. How complementary a woman is to a man! Their giving of love is fearless. Nature did right in tying the infant to the female. Yet they also carry a sense of sadness. Quite like the premonition of danger they hide but can't shake from their minds. I understand they want to protect their children, but for their own good, let me point out that though you may have to explain subjects to your children that you perceive as wrong, it is better to have the freedom to explain it in your own words than to be silenced under a government that has the power to squash anyone who opposes their views. It may one day evolve to be your child: that stands as opposition, who opposes the faint buzz that suggested to us all that women are beneath men. That was not always the case. Try to restrict our freedoms, and we will fight harder to preserve them. Mothers and Fathers, Grandmothers and Fathers, Great-Grandmothers and Fathers, Great-Great-Grandmothers and Fathers, you are responsible for more destruction to this planet that in all of mankind's history combined. You've invented weapons capable of destroying every forms of wild animal and vegetation. I am not sure what condition the world we are inheriting is really in. I just have a fear of smokestacks, and I don't trust the men who feed their flames. The paper these words [were] written on also contain[ed] the music of Jane's Addiction. The music is original, the cover is not. [The cover is the Parental Advisory - This album contains explicit lyrics logo. I believe the word `Fuck' is used once or twice... in the WHOLE album!] The original cover is as colorful as the music. It is a daydream of the music, made tangible. It will take effort to get, it is being sold, but we are having difficulties. There is an invisible force, the same one you have heard faintly buzzing your entire life. This time it buzzes much louder. I myself have felt its pain. When I looked down a the spot where it hurt, I saw a very small mosquito. A bug so old, it was known to Confucius as the "Intellectual Mosquito." He sucks off of you and he sucks off of me. Sometimes to realize you were well, someone must come along and hurt you. I have grown to become proud of myself. I have aligned with all those who have been stung by suppression. As heirs to this planet, we must maintain, honor, and enjoy the Gift of Freedom. A cause to validate everyone's life? Indeed. The world looks at America because WE are the beautiful! Perry Ferrel 1990 }+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{ } Virus World { } by Anesthesia { }+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{ This month's `Virus World' is a company review - an excellent company that produces various virus-related newsletters, products, and scanners I receive. American Eagle Publications, Inc. P.O. Box 41401 Tucson, AZ 85717 Send for their catalog and tell them that Phirst Amendment sent you. Their newsletter is `Computer Virus Developmental Quarterly.' It is a very `open-minded journal' that covers both sides of the virus scene. They offer many disassemblies of current viruses. All seem very well commented to help even beginning programmers understand how viruses work and how to look for them. This really IS a publication that doesn't hold back. I am aware they once had a sample issue. They may still be able to send you a copy - so be sure to ask for it. As a favor to me, I would appreciate any comments on things you would like to see featured in this section. This time, it is left short on purpose- I have many great things planned for it. These plans will evolve as time goes by, but I would like to hear what you folks out there want to hear about. [I find a lot of static down military lines, when I squeeze my sources for data. I've been hearing a lot about gays in the military. A lot of people figure, "If it doesn't pass Congress, it won't be law!" That's not the case. There have been many precedents of executive orders allowing a law that would NOT pass to become just as binding. Clinton knows this avenue is effective. Here's how it works...] +--------------------------------------------------------------------------+ | Executive Orders | | by George T. Knoblauch | +--------------------------------------------------------------------------+ Let's eyeball the executive branch of the national government. This will be a beauty! Caesar is alive and well in Washington, D.C. You better believe it. Earlier mention was made of executive orders. Our research shows the first use of these orders was by President George Washington for household expenses. It was an order signed by him for normal expenses which would be accepted by the Treasury Department and paid. Simple enough. The Federal Bureau of Investigation was formed under an executive order by Teddy Roosevelt on July 26, 1908. The first time it was used to make a law was in 1916 by President Woodrow Wilson. It was said to be an 'emergency' measure and Congress was encouraged to validate it. They did. The door was now open to ignore the Constitution. This is the same method used by Franklin Roosevelt in 1933 to close all the banks in the country. Remember our gold? Americans were ordered to turn in all their gold to local banks. AFTER this was done, King Roosevelt, by executive order, raised the value of an ounce of gold from $20.00 to $35.00! Guess who that benefitted? International bankers and central banks around the world... that's who. Americans who turned in their gold were royally screwed. What are the duties of the executive branch? To make laws or to see that they are faithfully executed? Nothing in our Constitution allows the president to pass a law or make a law under any circumstances. Nor is there any suggestion that the Congress can delegate their law-making authority to the executive branch, emergency or no emergency! Yet they have done it and they continue to do it without any permission in the Constitution or any amendment. How do they ignore their oath to uphold and support the constitution? Why not ask them? Let's explore their law making activities... government uses a publication called the Federal Register where all regulations are published daily. (Regulations? Where the hell did that come from?) This publication amounts to more than 70,000 pages a year. Here is where the executive orders are published. When they appear, they remain in limbo for 30 days and the Congress or any citizen can write and object to it. 70,000 pages a year would take a full-time staff member of each member of the Congress to watch and study these 'regulations.' Congress pays no attention to the Federal Register. At the end of the required thirty days, all these regulations become 'law' and have the full effect of law! There are occasions where these are challenged in courts when they have affected some individual and a few have been overturned. See how simple they have made it? Write it, put it in a federal publication and if no one says anything about it, it mysteriously becomes law. All sorts of regulations from every division of the executive branch are published in the Federal Register and this is where all the goodies are listed. If you doubt the 'laws' in the Federal Register have teeth, write the Government Printing Office and request a copy. What happened to the concept that only the Congress can make a law? Did you say it was OK or was there an amendment passed by the people allowing this to go on? Now let's look at some of the real dirty work they have done with executive orders... There are over 12,000 laws of this type on the books now. Congress, when asked, does not even know what they are. This is our law-making body. Part of the government that is supposed to "establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare and secure the blessings of liberty"... snicker, snicker... This one is really scary... A blueprint for a dictatorship! Executive Order No. 11921 was published in the Federal Register in June 1976 and updated since. This is the master plan for tyranny and the death of our Constitution. All the President has to do is declare a national emergency and big brother will or can take over every form of newspaper, radio and television stations. They will confiscate your CB's, weapons, tell you where to live, work, how much food you can have, establish rationing and price controls. In effect, they can declare martial law and you will not be able to do anything about it. Neither can the Congress. Can you imagine a law like this on the books in this country? All they are waiting for is a certain set of circumstances and someone who wants to be a dictator and away we go. If you haven't heard or read about Executive Orders, this one especially, let me break the bad news. It's on the books. Most bureaucrats and their egghead lackeys, when asked about this executive order, will say it only concerns the orderly control of the country if we have a nuclear attack. This is a cock-eyed lie! The opening words of Executive Order 11921 are blunt: "WHEREAS our national security is dependent upon our ability to assure continuity of government, at every level, in any national emergency type situation that might conceivably confront the nation; and WHEREAS effective national preparedness planning to meet such an emergency, including a massive nuclear attack..." Look closely at the words they are using, "any national emergency... including massive nuclear..." is clear. They can decide what the emergency is and it does NOT have to be nuclear attack. Congressional investigators began to look into this subject and found 470 special statutes which can be invoked by the President in a declared national emergency. Where the hell did they find the power for him to be able to declare a national emergency? Senator Mathias testified before a House Judiciary committee in 1975: "Under the authority delegated by these statutes, the President may seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and in a plethora of particular ways, control the lives of all American citizens." This is only the frosting... Wait until we look at the real powers they will have when they decide which day will be 'X-Day'. How can this be? From this 1975 testimony, Congress is aware of what can be done yet they do nothing to control this power. Are they all part of this 'mutual admiration society' in the cesspool known as Washington DC? Most will probably tell you "I don't know this, so it must be false." Where did we go wrong? How did they assume this power in absolute violation of the Constitution and all the oaths they have taken before they took office? What was it the President swore? "That I will faithfully execute the office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." Is this preserving, protecting and defending the Constitution? Is their oath just a bunch of words to be recited when they take office? If he were going to do what his oath requires, why hasn't a president told Congress to pass a law abolishing executive orders? Why hasn't the Congress simply taken the law-making ability away from the president? Why hasn't Congress assumed their duties as required by the Constitution? Looks like we have allowed things to get away from us in the last few years, doesn't it? What do our kids have to look forward to if we don't stop this horse dung now? Let's take a look at some of the powers they will assume if there is "any national emergency, including nuclear attack": Part 9-Department of Commerce Section 901. Resume of Responsibilities. The Secretary of Commerce shall prepare national emergency plans and develop preparedness programs covering: (1) The production and distribution of all materials, the use of all production facilities (except those owned by, controlled by, or under the jurisdiction of the Department of Defense or the Atomic Energy Commission), the control of all construction materials, and the furnishing of basic industrial services except those otherwise assigned, including: (a) Production and distribution of and use of facilities for petroleum, solid fuels, gas, electric power and water; (b) Production, processing, distribution, and storage of food resources and the use of food resource facilities for such production, processing, distribution and storage; (c) Domestic distribution of farm equipment and fertilizer; (d) Use of communications services and facilities, housing and lodging facilities, and health, education, and welfare facilities; (e) Production, and related distribution, of minerals as defined in Subsection 702(5), and source materials as defined in the Atomic Energy Act of 1954, as amended; and the construction and use of facilities designated as within the responsibilities of the Secretary of the Interior; (f) Distribution of items in the supply systems of, or controlled by, the Department of Defense and the Atomic Energy Commission; (g) Construction, use, and management of civil aviation facilities; and (h) Construction, use and management of highways, streets, and appurtenant structures; and (i) Domestic distribution of health resources. Scary? Unbelievable? You bet it is. And this is on the books right now just waiting for the moment to declare any type of national emergency. Do you believe for a moment that we will still be using our computers with the freedom we enjoy today? Let's just suppose there were several major bank failures and powers that be decided that they couldn't afford any more failures. A national emergency was called. Under part 17 of the same executive order, they will take over the complete supervision of all banks and banking operations... To the point that they will decide if you can take any money out of your account. They will demand to know what you will spend it for and decide how much you can have. However, if they do not have enough funds to give the full amount, they can ration the funds. If they figure you want your money to hoard it, they can simply refuse to give it to you. Cute? This includes all banking facilities, so don't feel safe just because your money is in a credit union. They have everything covered! Each check they honor for over $1000 will have to have both sides photographed and of course, none of these regulations will apply to any transactions between banks. Just who does this money belong to? Is it still the United States? Makes you wonder... For those who dabble in the stock market, under part 25 they will assume the power to close the market, suspend any redemption rights, freeze prices of stocks and bonds. Then they will allow it to reopen only when they decide conditions permit and under their complete control. Remember when Roosevelt changed the value of an ounce of gold from $20 to $35? Who benefitted then? Not us. And for you readers who own property and believe that property belongs to you, we have a little surprise. Not if this executive order becomes effective. You will own nothing then. Here's what Part 22 of the Executive Order has to say about that: (9) National industrial reserve and machine tool program. Develop plans for the custody of the Industrial plants and production equipment in the national industrial reserve and assist the Department of Defense, in collaboration with the Department of Commerce, in the development of plans and procedures for the disposition, emergency reactivation, and utilization of the plants and equipment of this reserve in the custody of the Administrator. (10) Excess and surplus real and personal property. Develop plans and emergency operating procedures for the utilization of excess and surplus real and personal property by Federal Government agencies with emergency assignments or by State and local governmental units as directed, including review of the property holdings of Federal agencies which do not possess emergency functions to determine the availability of property for emergency use, and including the disposal of real and personal property and the rehabilitation of personal property. What do they mean by excess property? Will they tell you what of your property is excess? Are these decisions meant to punish people who had the foresight to put away coins or food for bad times? If you have been wise enough to sock these items away, please don't tell anyone. And what is 'rehabilitation of personal property?' If someone doesn't like the way you use your property, will they take it from you and give it to someone else? Rehabilitation is 'restoring to good operation or good management.' Are these powers we granted to the central government under the Constitution? Where do they get the idea that they can issue Executive Orders and decide a certain day that the Constitution is dead? Did you notice that the Department of Commerce will take over all housing and lodging facilities, does that mean your home also? Maybe it also needs rehabilitation? They will assume control of all health, education and welfare facilities. You'd better believe it will include all schools, public and private, elementary and secondary. There will be no arguments about school prayer or momentary silence anymore. The decision will be made for us. The implications are staggering. This is a blueprint for a dictatorship and slavery. No, I haven't been smoking loco weed... this is for real. Plans are all set "to assist civilian educational institutions, both public and private, to adjust to demands laid on them by a large expansion of government activities during any type of emergency. This includes advice and assistance to schools, colleges, universities, and other educational institutions whose facilities may be temporarily needed for Federal, State, or local programs in an emergency." Wonder what they mean by "adjust to demands laid upon them by a large expansion of government activities?" Again notice the special words: "during any type of emergency." They didn't even mention major nuclear attack. Since "large expansion of government activities" is not defined, do they have any limitation? All this is in store for American citizens. They have established what they call the 'Federal Preparedness Agency' under the General Services Administration which has the responsibility to see that this program is carried out. We should keep our eye on the GSA. Better yet, get after Congress to get this law making ability taken away from the executive branch of government. This program of executive orders is the most dangerous weapon in the hands of government designed to make us all slaves. If "X" day is called, America will be no more and we will be powerless to do anything about it. Our action has to be NOW. Waiting one day too long will be one day too late. Many will not believe this could happen in our country. Write Congress and raise questions about this. Ask how they delegated their law making powers to the executive branch. Ask where they found this authority. Ask your Congressman for a copy of this particular executive order. Imagine 12,000 laws of this type on the books at the present... All without any authority from us. And of course, no need to tell the American people about these, they wouldn't understand them anyway. Is this part of the glory of the position in government? Congress has delegated emergency powers to the president... Congress has no power or right to delegate any of their powers. Nowhere in our Constitution does it say anything about giving 'emergency powers to the president'. The argument goes that in today's world, time could be important and the president has to be able to act quickly. It may be true, however, it cannot be in this country with out a grant for that authority from the people. No where does the right appear to do any thing in case of a mistake or an emergency. The procedures are well defined and it is our duty to see that they are observed. There is no other way in America! If they feel granting emergency powers is so important, propose an amendment to the Constitution and see if we will agree to the importance. Of course the amendment procedure is slow and cumbersome. It was meant to be that way. We have ordained and established the authority for our government and only we can agree to changes. Just because a practice has been used for a long period does not make it right. If the practice was unconstitutional when it began, it is still unconstitutional. George Washington wrote in his Farewell Address: "The basis of our political systems is the right of the people to make and alter their constitutions of government. But the constitution which at the time exists till changed by an explicit and authentic act of the whole people is sacredly obligatory upon all." He plainly recognized the basis for our government. When did this change occur? It has been said that tyranny comes on slowly. Before anyone realizes it, it's present. Is that what we have today? Is this the vehicle to make our sovereignty disappear and for the USA to become a full-fledged member of the United Nations under [the Republican] New World Order? _ _ _ __ __ __ _ _ _ , _ _ _ __ __ __ _ _ _ , _ _ _ __ __ __ _ _ _ _ _ / \ / \ Through the LoopHole - - - < - - >- - by David Lightman \ / \ / X / \ / \ / \ / \ _ _ _ __ __ __ _ _ _ , _ _ _ __ __ __ _ _ _ , _ _ _ __ __ __ _ _ _ _ Here we go again, a trip into the world of grey. Where what may be - sometimes is, and what should be - seldom is. Poetic, eh? Anyway, this time I've decided to go in a different direction. We are going to cover money - plain and simple. How to spend it and make it at the same time. Credit Cards: Use and Abuse Credit is excellent. It is a tool to get what you would like to have a few months later - NOW! It can also get you in a shit-load of trouble. If one, say, puts a new stereo on Visa, gets married, buys a new car, house, wedding bands, etc. Then - depression hits! She hates him and wants a divorce, he has a breakdown and can't hold a job for a couple years... Blammo! The Credit Report from Hell in 3D! Here's how to take these harmless looking little things and make them HELP you: A. Buy only the things that you would normally buy... just a little sooner and with someone else's money! B. Establish a budget, of sorts. Essentially, figure out how much and how often you will buy things. C. Use this budget to determine what amount you should spend/charge on which items. When looking for a credit card, look for $0! Yes, ZERO dollars, annual fee. The interest rate is of no concern at this time. The two are generally mutually exclusive. There are other uses for credit cards for which the interest rate is of great concern; this is NOT one of them. So if you have a choice between a high yearly fee with low interest and no annual fee with high interest... opt for NO fee. Also, look for grace periods on purchases. That is, a long amount of time for the bill to arrive and have no interest charged on your purchases. If one would budget, say, $1000 for a stereo system, but wouldn't have that amount for two months, NO PROBLEM! Buy it at the beginning of your billing cycle. It wouldn't have to be paid for two months. Some banks have a grace period will give you 25 days from your billing date and then another 30 days to pay the bill after they send it to you. So that's two months to save up the money for that stereo. PAY THE BILL EXACTLY WHEN IT IS DUE! Not sooner - not later. Sooner, and you are wasting the opportunity to earn interest from your money while it sits in your savings/investment account. Later, and you are paying your credit card company 1.75% per month to let you buy things. So after keeping that additional $1000 in your savings account earning 6% (what mine earns as of April 1993) per year, you will have made $10.03 (over 1%) after two months. When interest rates rise, as they always do, this process is much more lucrative. Discover is bragging about getting cash back (up to a whopping (sic) 1%!!) based on your annual purchases. This can be done with ANY bank card. This is the ONE situation which exists where the more one spends, the more one saves. One can buy groceries, car parts, computer parts, books, everything imaginable on Visa or MasterCard. That sure beats spending $210/year for $1000 worth of credit! Another thing one can do is to receive 'cash back' without incurring the interest! Generally, bank cards charge interest from the MOMENT the cash is received, but give a grace period on purchases: Buy things for friends. When out shopping with friends, and someone wants to buy some stupid crap with cash... have him/her give YOU the money and put it on your charge. Even though Visa charges businesses 4-7% per transaction, some places are willing to give cash back when presented an item for return without a receipt. I am not suggesting shoplifting! But if you bought it on your credit card and return it... You now have the cash they gave you to spend however you wish. Some places don't take credit cards - they don't have to, you now have cash! It could be put in savings and earn interest. You will make money off of money you never had in the first place! In legal-ese, it would be reaching, but somewhat applicable, to call this 'floating.' I'll get to how that works in a bit. But floating interest-free credit is not QUITE the same or as illegal as floating CASH. Although, banks and lending institutions (the system) would prefer you didn't know how or decide to do this. Regardless, each business that honors a credit card for payment pays up to 7% (depending on the card, and how much business they do) for the luxury of allowing customers to use that card. All of these activities will assist you in generating a positive credit report. Credit reporting agencies don't care how much you pay in interest, only in how much you buy on credit. So, by buying tons of crap, and paying $0.00 in interest, your report will be chock full of credit! This can be helpful for some of the hints that I will give in later issues. A positive credit report can be used to generate tons o' bucks. [An insightful bit from a new source... a little information on yet ANOTHER way the public is being jammed by individuals with a little too much power, and not enough care, except for their own shirts.] +--------------------------------------------------------------------------+ | Editorial on Unfair Transportation Acts | | by Bob White | +--------------------------------------------------------------------------+ There are many ways the U.S. government robs it own citizens. The following is only an example of the thousands of ways that decent, hard- working Americans are stripped of their rights every day. The rights being violated here, are those of truck drivers who drive semis cross-country. If you are not a trucker, you may not think this article pertains to you - it pertains to you more than you may think. Truck drivers, as soon as they cross a state line, have to stop at the nearest port of entry or weigh station. Here they have to pay large fines to buy trip and fuel permits. Yes! they have to pay just to drive on public roads and even pay to carry fuel in their tanks. They are also searched and have their log books looked through, and ANY discrepancy results in a citation with a heavy fine. These are usually from petty things that violate one of millions of obscure statutory laws. A friend of mine has experienced this first hand. While driving through the Midwest, his truck was searched for over three hours by an obnoxious woman who was determined to give him a ticket. She finally did. The reason for the citation was explained as "having a loose projectile in the cab". That loose projectile was a pencil on the dash. I bring this up because I feel these fines and permits DO go against the Constitution: Section 8 of Article 1 clearly states: "No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: NOR SHALL VESSELS BE BOUND TO; OR FROM ONE STATE BE OBLIGED TO ENTER, CLEAR, OR PAY DUTIES IN ANOTHER." [Emphasis added] If you throw this at them, they just laugh at you like the constitution is meaningless. This is due to a criminal organization called the Department of Transportation. It has assumed legislative, executive, and judicial powers that it cannot legally have. By overriding Article 1, they are violating Amendment 14, Section 1, which states: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." Driving on public roads is not a privilege of citizens, as the DMV would have you believe, but it IS a constitutionally guaranteed right. This could even suggest that paying for licenses or having them revoked for misdemeanors is unlawful. (I DO believe that dangerous drivers (eg. Drunken Drivers) should have their privileges revoked.) This is another aspect to look at. Sure, it's terrible that the government is giving truckers the shaft. But who really pays for all those fines? They put many hard-working individuals out of the industry. [Maybe THAT'S why there are all those ads for Trucker Schools...-Daiv] My father is only one of the thousands of casualties of this conflict. People who own small trucking outfits can barely make a living, if they can at all. But large companies just absorb these fines as 'transportation costs' that end up on the price tags of shipped items. That means that you and I, the good ol' American consumers, are the ones who pay for these activities. The DOT says they have to have these fines in order to raise revenue. My question is "FOR WHAT?" Someday, I would like to meet someone who can honestly say he's seen them FIX the roads. [What about the additional 25+ cents per gallon of gas paid as 'transportation tax' that Americans are sheltered from having to see - as all prices are 'tax included'?] Look at the ancient Roman roads made of concrete - they are still there and in pretty good shape. But THAT would destroy a lot of government jobs and end a lot of deadlock in the state capitols, and you KNOW they cannot let THAT happen. The individuals involved would never approve of a measure that gets them fired, no matter HOW much it would help the rest of the country/state. If you are at all offended by this or any other government snow-job, then it is time to start taking action. We, as Americans, need to begin standing up for our rights before Washington takes them all away. Do NOT be fooled into believing that you cannot fight the system. They are supposed to be YOUR servants [civil servants... I've heard of them...] NOT the other way around. If Daiv is interested, I would like to do a report on a subtle way to fight Uncle Sam. It is a method known as 'tacit procuration' [the act of obtaining silently] and is VERY effective when done properly. It will take a while to gather the references, so that may end up being several issues down the road. If you would like to know more about the statutes that truckers are fined for, I recommend you go out to an Amoco on the interstate and strike up a conversation with a trucker. Ask them what they think about the DOT. You are bound to get some very colorful responses. [One of the first requests I've received as editor of this publication was to help others to utilize the Freedom of Information Act. After much searching and help from others, I've located the following. It should be of great help to ALL who wish to use the Freedom of Information Act.] +--------------------------------------------------------------------------+ | How to Utilize The Freedom of Information Act | | by FOIA, Inc. | +--------------------------------------------------------------------------+ The following kit is an invaluable resource for those wanting to pry out information from our wonderfully secretive government. Ever wanted to know what 'files' the Government has on YOU?? Or what files the NSA/DIA/CIA may have on UFOs, the JFK assassination, Nugan-Hand, BCCI and other lies of our times? [ Here you go...do with it what you will. :> ] The following sections are for individuals or organizations who wish to make an FOIA application to a federal agency. Please read the instructions before making your application. There are 6 sections: 1> FOIA Instructions 2> FOIA Application 3> FOIA Fee Waiver 4> FOIA Appeal 5> Federal FOIA Addresses 6> FBI Offices nationwide. <1> FOIA Instructions USING THE FREEDOM OF INFORMATION ACT The Freedom of Information Act entitles you to request any record maintained by a federal Executive branch agency. The agency must release the requested material unless it falls into one of nine exempt categories, such as "national security", "privacy", "confidential source" and the like, in which case the agency may but is not compelled to refuse to disclose the records. This article contains all the materials needed to make FOIA requests for records on an individual, an organization or on a particular subject matter or event. INSTRUCTIONS HOW TO MAKE A COMPLETE REQUEST Step 1: Select and make copies of the sample letter. Fill in the blanks in the body of the letter. Read the directions printed to the right margin of the letter in conjunction with the following instructions: For individual files: Insert the person's full name in the first blank space and any variations in spelling, nicknames, stage names, marriage names, titles and the like in the second space. Unlike other requests, the signatures of an individual requesting her/his own file must be notarized. For organizational files: In the first blank space insert the full and formal name of the organization whose files you are requesting. In the second blank space, insert any other names, acronyms or shortened forms by which the organization is or has ever been known or referred to by itself or others. If some of the organization's work is conducted by sub-groups such as clubs, committees, special programs or through coalitions known by other names, these should be listed. There is no need to notarize signature for organizational requests. For subject matter or event files: In the first blank space state the formal title of the subject matter or event including relevant dates and locations. In the second blank space provide the names of individuals or group sponsors or participants and/or any other information that would assist the agency in locating the material you are requesting. Step 2: The completed sample letter may be removed, photocopied and mailed as is or retyped on your own stationary. Be sure to keep a copy of each letter. Step 3: Addressing the letters: Consult the list of agency addresses on section 5 of this kit. FBI: A complete request requires a minimum of two letters. Send one letter to FBI Headquarters and separate letters to each FBI field office nearest the location of the individual, the organization or the subject matter/event. Consider the location of residences, schools, work, and other activities. INS: Send a request letter to each district office nearest the location of the individual, the organization or the subject matter/event. Address each letter to the FOIA/PA office of the appropriate agency. Be sure to mark clearly on the envelope: Attention FOIA Request. FEES In 1987, a new fee structure went into effect. Each agency has new fee regulations for search and review time and for duplication of released documents. Commercial requesters must pay for search and review time and for duplication costs. News Media representatives and Educational and Scientific Institutions whose purpose is scholarly or scientific research pay for duplication only. Public Interest groups who can qualify as press, educational, or scientific institutions will be charged duplication costs only. All other non-commercial requesters are entitled to up to 100 pages of free copying and up to 2 hours of free search time. Requesters will have to pay fees for work that extends beyond those limits unless they qualify for a fee waiver or reduction (see below). No fee may be charged if the cost of collection exceeds the fee. Advanced payment may not be demanded unless a requester has previously failed to pay on time or the fee exceeds $250. FEE WAIVER You will notice that the sample letter includes a request for a fee waiver with instructions for the agency to refer to an attached sheet. Fees for all non-commercial requesters, beyond the 2 hours/100 page/automatic waiver described above, may be waived or reduced if the disclosure of the information is: in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. You should always request a waiver or fees if you believe the information you are seeking will benefit the public. Read the fee waiver worksheet for non-commercial users included in this kit on page 5 for help in composing a request for a fee waiver. If your request for a waiver is denied, you should appeal that denial, citing the ways in which your request meets the standards set in the attached fact sheet. HOW TO MAKE SURE YOU GET EVERYTHING YOU ARE ENTITLED TO... AND WHAT TO DO IF YOU DON'T After each agency has searched and processed your request, you will receive a letter that announces the outcome, encloses the released documents, if any, and explains where to direct an appeal, if any material has been withheld. There are four possible outcomes: 1. Request granted in full: This occurs very infrequently. If the response indicates that the agency has released all records pertinent to your request, with no exclusions or withholdings, you will receive the requested documents with an agency cover letter, or if bulky, the documents may be mailed under separate cover. Next step: Check documents for completeness (see instructions below) and make an administrative appeal if you find a discrepancy between your own analysis and that of the agency (see instructions below). 2. Request granted in part and denied in part: This response indicates that the agency is releasing some material but has withheld some documents entirely or excised some passages from the documents released. The released documents may be enclosed or, if bulky, mailed under separate cover. Next step: Check documents for completeness (see instructions below) and make an administrative appeal of denials or incompleteness (see instructions below). 3. Request denied in full: This response and the denied part response indicate that the agency is asserting that material in its files pertaining to your request falls under one of the nine FOIA exemptions. These are categories of information that the agency may, at its discretion, refuse to release. Next step: Make an administrative appeal (see instructions below). Since FOIA exemptions are not mandatory, even a complete denial of your request can and should be appealed. 4. No records: This response will state that a search of the agency's files indicates that it has no records corresponding to those you requested. Next step: Check your original request to be sure you have not overlooked anything. If you receive documents from other agencies, review them for indications that there is material in the files of the agency claiming it has none. For example, look for correspondence, or references to correspondence, to or from that agency. If you determine that there are reasonable grounds, file an administrative appeal (see instructions below). HOW TO CHECK DOCUMENTS FOR COMPLETENESS Step 1: Before reading the documents, turn them over and number the back of each page sequentially. The packet may contain documents from the agency's headquarters as well as several field office files. Separate the documents into their respective office packets. Each of these offices will have assigned the investigation a separate file number. Try to find the numbering system. Usually the lower right-hand corner of the first page carries a hand-written file and document number. For instance, an FBI document might be marked "100-7142-22." This would indicate that it is the 22nd document in the 7142nd file in the 100 classification. As you inspect the documents, make a list of these file numbers and which office they represent. In this way you will be able to determine which office created and which office received the document you have in your hand. Often there is a block stamp affixed with the name of the office from whose files this copy was retrieved. The "To/From" heading on a document may also give you corresponding file numbers and will help you puzzle out the origin of the document. When you have finally identified each document's file and serial number and separated the documents into their proper office batches, make a list of all the serial numbers in each batch to see if there are any missing numbers. If there are missing serial numbers and some documents have been withheld, try to determine if the missing numbers might reasonably correspond to the withheld documents. If they don't, the release may be incomplete and an administrative appeal should be made. Step 2: Read all the documents released to you. Keep a list of all documents referred to in the text, including letters, memos, teletypes, reports, etc. Each of these "referred to" documents should turn up in the packet released to you. If any are not in the packet, it is possible that they are among the documents withheld and a direct inquiry should be made. In an administrative appeal, ask that each of these "referred to" documents be produced or that the agency state plainly that they are among those withheld. List each "referred to" document separately. The totals of unproduced vs. withheld must be within reason; that is, if the total number of unproduced documents you find referred to in the text of the documents produced exceeds the total number of documents withheld, the agency cannot claim that all the "referred to" documents are accounted for by the withheld category. You will soon get the hang of making logical conclusions from discrepancies in totals and missing document numbers. Another thing to look for when reading the released documents is the names of persons or agencies to whom the document has been disseminated. The lower left-hand corner is a common location for the typed list of agencies or offices to whom the document has been directed. In addition, there may be additional distribution recorded by hand, there or elsewhere, on the cover page. There are published glossaries for some agencies that will help in deciphering these notations when they are not clear. Contact FOIA, Inc. if you need assistance in deciphering the text. Finally, any other file numbers that appear on the document should be noted, particularly if the subject of the file is of interest and is one you have not requested. You may want to make an additional request for some of these files. HOW TO MAKE AN ADMINISTRATIVE APPEAL Under the FOIA, a dissatisfied requester has the right of administrative appeal. The name and address of the proper appeal office will be given to you by each agency in its final response letter. This kit contains a sample appeal letter with suggestions for adapting it to various circumstances. However, you need not make such an elaborate appeal; in fact, you need not offer any reasons at all but rather simply write a letter to the appeals unit stating that "This letter constitutes an appeal of the agency's decision." Of course, if you have identified some real discrepancies, you should set them forth fully (for example see Step 2 under "How to Check Documents for Completeness"), but even if you have not found any, you may simply ask that the release be reviewed. If you are still dissatisfied after the administrative appeal process, the FOIA gives you the right to bring a lawsuit in federal district court. MONITORING THE PROGRESS OF YOUR REQUEST You should receive a letter from each agency within 10 days stating that your request has been received and is being processed. You may be asked to be patient since requests are being handled on a first come first served basis. The best strategy is to be "reasonably" patient, but there is no reason to sit complacently and wait for an interminable period of time. A good strategy is to telephone the FOIA office in each agency after about a month if you have received nothing of substance. Ask for a progress report. Note the name of the person you speak to and what they say. Continue to call every 4 to 6 weeks. Good record keeping helps avoid time-consuming and frustrating confusion. A loose-leaf notebook with a section devoted to each request simplifies this task. At the beginning of the request process, sometimes it is difficult to foresee what course of action you will want to take in the future. Keep copies of all correspondence to and from each agency. They can be inserted between the notes on phone calls so that all relevant material will be at hand for future use, including phone consultations, correspondence, newspaper articles, preparation for media appearances, congressional testimony or litigation. <2> FOIA Application (all agencies) [NOTE: All the text in braces [] is for your information. Do NOT include in request] [NOTE: Start by photocopying several copies of this letter or retype if you prefer] SAMPLE REQUEST LETTER FOR ALL AGENCIES Date: To: FOIA/PA Unit o FBI Headquarters o FBI Field Office: o Other Agency: [Check box for appropriate agency] This is a non-commercial request under the Freedom of Information and Privacy Acts. I have attached a sheet setting out my application for a fee waiver of any fees in excess of those which are provided free because of my category. My category for fee and fee waiver purposes is (check one): o request for personal file; no search fee and 100 free pages. o journalist, academic or scientist; no search fee and 100 free pages. o other non-commercial requester (group or person); 2 hours free search and 100 free pages. I request a complete and thorough search of all filing systems and locations for all records maintained by your agency pertaining to and/or captioned: ___________________________________________________________________________ ___________________________________________________________________________ including, without limitation, files and documents captioned, or whose captions include [describe records desired and/or insert full and formal name] ___________________________________________________________________________ ___________________________________________________________________________ This request specifically includes where appropriate "main" files and "see references," including but not limited to numbered and lettered sub files and control files. I also request a search of the Electronic Surveillance (ELSUR) Index, or any similar technique for locating records of electronic surveillance and the COINTELPRO Index. I request that all records be produced with the administrative pages. I wish to be sent copies of "see reference" cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance (FISUR). Please place missing documents on "special locate." I wish to make it clear that I want all records in your office "identifiable with my request," even though reports on those records have been sent to Headquarters and even though there may be duplication between the two sets of files. I do not want just "interim" documents. I want all documents as they appear in the "main" files and "see references" of all units of your agency. If documents are denied in whole or in part, please specify which exemption(s) is(are) claimed for each passage or whole document denied. Give the number of pages in each document and the total number of pages pertaining to this request and the dates of documents withheld. I request that excised material be "blacked out" rather than "whited out" or cut out and that the remaining non-exempt portions of documents be released as provided under the Freedom of Information Act. Please send a memo (with a copy or copies to me) to the appropriate unit(s) in your office to assure that no records related to this request are destroyed. Please advise of any destruction of records and include the date of and authority for such destruction. As I expect to appeal any denials, please specify the office and address to which an appeal should be directed. I can be reached at the phone listed below. Please call rather than write if there are any questions or if you need additional information from me. I expect a response to this request within ten (10) working days, as provided for in the Freedom of Information Act. Sincerely,(Signed)____________________________________________ Name (print or type):_______________________________ Address:____________________________________________ ____________________________________________ ____________________________________________ Telephone:_________________ Social Security number (optional): _______ (for personal files) (for organization files) Date of Birth:____________________ Date of founding: _______________ Place of birth:___________________ Place of founding: ______________ Address of organization:___________________________________ ___________________________________ ___________________________________ [MARK CLEARLY ON ENVELOPE: FOI/PA REQUEST] <3> FOIA Fee Waiver Fee Waiver Worksheet for Non-Commercial Requesters All non-commercial requesters are entitled to apply for a fee waiver for charges in excess of those which are provided free because of requester's category. Following amendments to the FOIA in October 1986, the Justice Department issued a memo outlining six criteria to be used by agencies in determining whether or not to grant fee waivers. Many Congresspeople dispute the memo's legality, pointing out its invitation to subjective judgements, and its proclivity to intimidate requesters. Nevertheless, until the six criteria are eliminated, either by Congress or court decisions, requesters will have to address them in order to qualify for a fee waiver. To apply for a fee waiver, attach a separate sheet of paper to your request letter explaining in narrative form how your request satisfies each of the following six criteria. (All highlighted phrases in the following text are taken directly from the Justice Department memo): (1) Explain how the records you are requesting are likely to shed light on the operations or activities of the government. (2) Describe how the records you are requesting will contribute to the understanding of government operations or activities. If the information being requested is not already in the public domain bring this fact to the agency's attention. (3)a. Explain to the agency how the public will ultimately benefit from the information you are requesting. Legislative history and recent case law indicate that the "public" is not limited to U.S. public nor must it be the "public at-large." For example, Representatives English and Kindness jointly stated during recent Congressional debate, "Public understanding is enhanced when information is disclosed to the subset of the public most interested, concerned or affected by a particular action or matter." Furthermore, District Court Judge Harold Greene in a 1987 opinion involving a request by a Canadian newspaper said, "There is no requirement in the [FOIA] statute that news media seeking fee waivers [must] serve the American public exclusively, or even tangentially... an FBI official does not have the authority to amend the law of the United States by restricting it beyond its plain terms." In other words, the public you seek to educate does not have to reside in the United States, nor is the size of that public relevant to your entitlement to a fee waiver. (3)b. Explain to the agency your qualifications (educational, work experience, etc.) for understanding the requested information and outline your ability and intention to disseminate the information once it has been obtained. You might want to cite any of the following activities in order to demonstrate your ability and intention to disseminate information to the public: writing newspaper or scholarly articles, writing books, granting interviews, public speaking engagements, preparing Congressional testimony, producing pamphlets, videos, film, radio programs, etc. (4) The Justice Department memo stipulates that the contribution to public understanding must be "significant." What constitutes a "significant" contribution is clearly susceptible to subjective interpretation. However, we suggest that you make reference to current news stories, efforts to correct the historical record or expose government or corporate fraud or threats to public health and safety. Broadly speaking, any information that would enable the public to hold the government accountable for any of its operations or activities can be persuasively argued to be a "significant" contribution to public understanding. (5) and (6) Explain to the agency (if it is the case) that any commercial interest that will be furthered by the requested records is not the primary interest when compared to the public interest that will be served. For example, if the information is requested pursuant to the publication of a book, you should explain (if it is the case) that this book is not destined to become a bestseller because of topic, publisher, or anticipated audience, etc. News media representatives, scholars or scientists, should make requests for documents and fee waivers on the appropriate institutional letterhead. Similarly, requests for organizational files should be made on the appropriate letterhead. You have a right to file an administrative appeal if you receive an adverse decision regarding either your fee category or fee waiver request. The letter containing the adverse decision will tell you to whom you should direct the appeal. <4> FOIA Appeal SAMPLE ADMINISTRATIVE APPEAL LETTER Date: To: FOIA/PA Appeals Office RE: Request number [Add this if the agency has given your request a number] This is an appeal pursuant to subsection (a)(6) of the Freedom of Information Act as amended (5 U.S.C. 552). On [date], I received a letter from [name of official] of your agency denying my request for [describe briefly the information you are after] This reply indicated that an appeal letter could be sent to you. I am enclosing a copy of my exchange of correspondence with your agency so that you can see exactly what files I have requested and the insubstantial grounds on which my request has been denied. [Insert following paragraph if the agency has withheld all or nearly all the material which has been requested] You will note that your agency has withheld the entire (or nearly entire) document that I requested. Since the FOIA provides that "any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt," I believe that your agency has not complied with the FOIA. I believe that there must be (additional) segregable portions which do not fall within the FOIA exemptions and which must be released. [Insert following paragraph if the agency has used the (b)(1) exemption for national security purposes to withhold information] Your agency has used the (b)(1) exemption to withhold information. [I question whether files relating to events that took place over twenty years ago could realistically harm the national security.] [Because I am familiar with my own activities during the period in question, and know that none of these activities in any way posed a significant threat to the national security, I question the designation of my files or portions of my file as classified and exempt from disclosure because of national security considerations.] [Sample optional arguments to be used if the exemption which is claimed does not seem to make sense; you should cite as many specific instances as you care to of items withheld from the documents that you have received. We provide two examples which you might want to adapt to your own case.] "On the memo dated ______ the second paragraph withheld under the (b)(1) exemption appears to be describing a conversation at an open meeting. If this is the case, it is impossible that the substance of this conversation could be properly classified." Or, "The memo dated ____ refers to a meeting which I attended, but a substantial portion is deleted because of the (b)(6) and (b)(7)(c) exemptions for unwarranted invasions of personal privacy. Since I already know who attended this meeting, no privacy interest is served by the withholding." I trust that upon examination of my request, you will conclude that the records I have requested are not properly covered by exemption(s) ____ [insert the exemption(s) which the agency's denial letter claimed applied to your request] of the amended FOIA, and that you will overrule the decision to withhold the information. [Insert following paragraph if an itemized inventory was not supplied by the agency] If you choose to continue to withhold some or all of the material which was denied in my initial request to your agency, I ask that you give me an index of such material, together with the justification for the denial of each item which is still withheld. As provided in the Freedom of Information Act, I will expect to receive a reply to this administrative appeal letter within twenty (20) working days. If you deny this appeal and do not adequately explain why the material withheld is properly exempt, I intend to initiate a lawsuit to compel its disclosure. [You can say that you intend to sue if that is your present inclination even though you may ultimately decide not to file suit.] Sincerely, name address signature [MARK CLEARLY ON ENVELOPE: ATTENTION: FREEDOM OF INFORMATION APPEALS] <5> FOIA Addresses of selected Federal Agencies Administrative Office of the U.S. Courts (202)633-6117 Washington, DC 20544 Bureau of Prisons (202) 724-3198 320 1st St NW Washington, DC 20534 Central Intelligence Agency Information and Privacy Coordinator Washington, DC 20505 Civil Service Commission Appropriate Bureau (Bureau of Personnel Investigation, Bureau of Personnel Information Systems, etc.) Civil Service Commission (202) 632-4431 1900 E Street NW Washington, DC 20415 Commission on Civil Rights General Counsel, (202) 376-8177 U.S. Commission on Civil Rights 1121 Vermont Ave NW Rm 600 Washington, DC 20405 Consumer Product Safety Commission (301) 492-6580 1111 18th St NW Washington, DC 20207 Defense Intelligence Agency (202) 697-8844 The Pentagon Washington, DC 20301-6111 Department of Defense/Department of the Air Force (202) 545-6700 Freedom of Information Manager Headquarters, USAF/DAF Washington, DC 20330-5025 Department of Defense/Department of the Army (202) 545-6700 General Counsel Secretary of the Army The Pentagon, Rm. 2E727 Washington, DC 20310 Department of Defense/Marine Corps (202) 694-2500 Commandant of the Marine Corps Department of the Navy Headquarters,Marine Corps Washington, DC 20380-0001 Department of Defense/Dept. of the Navy (202) 545-6700 Chief of Naval Operations OP 09 B30 Pentagon, Rm. 5E521 Washington, DC 20350-2000 Department of Energy (202) 252-5000 1000 Independence Ave SW Washington, DC 20585 Department of Justice/General Administration (includes Civil Rights Division, Antitrust Division, Drug Enforcement Admin., Immigration and Naturalization Service) FOIA/Privacy Act Unit(of the appropriate division) Department of Justice (202)633-2000 Constitution Ave & 10th St NW Washington, DC 20530 Department of Labor (202) 523-8165 200 Constitution Ave NW Washington, DC 20210 Department of State (202) 647-3411 Director, Freedom of Information Bureau for Public Administration Department of State, Rm 239 2201 C St NW Washington, DC 20520 Department of the Treasury Internal Revenue Service (202)566-5000 1111 Constitution Ave NW Washington, DC 20224 (Consult phone book for regional offices) Environmental Protection Agency (202) 382-4048 Freedom of Information Office A101 Room 1132 West Tower 401 M St SW Washington, DC 20460 Equal Employment Opportunities Comm. (202) 634-6922 Office of Legal Services 2401 E St NW Rm. 214 Washington, DC 20507 Attn. Richard Roscio, Associate. Legal Counsel Federal Communications Commission (202) 254-7674 1919 M St NW Washington, DC 20554 Food and Drug Administration (301) 443-1544 5600 Fishers Lane Rockville, MD 20857 Health and Human Services 200 Independence Ave SW Washington, DC 20201 Housing and Urban Development (202) 755-6420 451 Seventh St SW Washington, DC 20410 National Aeronautics & Space Administration (202) 453-1000 400 Maryland Ave SW Washington, DC 20546 National Archives and Records Service (202) 523-3130 Pennsylvania Ave. at 8th St NW Washington, DC 20408 National Labor Relations Board (202) 632-4950 1717 Pennsylvania Ave NW Washington, DC 20570 National Security Agency (301) 688-6311 Ft. George G. Meade, MD 20755-6000 National Security Council (202) 395-3103 Old Executive Bldg 17th & Pennsylvania Ave NW Washington, DC 20506 Attn: Brenda Reger Nuclear Regulatory Commission Director, (202) 492-7715 Office of Administration Washington, DC 20555 U.S. Secret Service (202) 634-5798 1800 G St NW Washington, DC 20223 Attn. FOIA/ Privacy Office Securities and Exchange Commission (202) 272-2650 450 5th St NW Washington, DC 20549 U.S. Customs Service (202) 566-8195 1301 Constitution Ave NW Washington, DC 20229 U.S. Agency for International Development (202) 632-1850 320-21st St NW Washington, DC 20532 U.S. Office of Personnel Management (202) 632-5491 1900 E St NW Washington, DC 20415 U.S. Postal Service Records Office (202) 245-5568 475 L'Enfant Plaza SW Washington, DC 20260-5010 Veterans Administration (202) 389-2741 810 Vermont Ave NW Washington, DC 20420 <6> FBI Addresses & phone numbers nationwide DIVISION ADDRESS TELEPHONE Albany, NY 12207 502 U.S. Post Office and Courthouse 518-465-7551 Albuquerque, NM 87102 301 Grand Ave. NE 505-247-1555 Alexandria, VA 22314 300 N. Lee St 703-683-2680 Anchorage, AK 99513 701 C St 907-276-4441 Atlanta, GA 30302 275 Peachtree St. NE 404-521-3900 Baltimore, MD 21207 7142 Ambassador Rd 301-265-8080 Birmingham, AL 35203 Room 1400, 2121 Bldg 205-252-7705 Boston, MA 02203 John F. Kennedy Federal Office Bldg 617-742-5533 Buffalo, NY 14202 111 W. Huron St 716-856-7800 Butte, MT 59702 U.S. Courthouse and Federal Bldg 406-792-2304 Charlotte, NC 28210 6010 Kenley Lane 704-529-1030 Chicago, IL 60604 219 S. Dearborn St 312-431-1333 Cincinnati, OH 45205 50 Main St 513-421-4310 Cleveland, OH 44199 1240 E. 9th St 216-522-1400 Columbia, SC 29201 1529 Hampton St 803-254-3011 Dallas, TX 75202 1801 N. Lamar 214-741-1851 Denver, CO 80202 Federal Office Bldg 303-629-7171 Detroit, MI 48226 477 Michigan Ave 313-965-2323 El Paso, TX 79901 202 U.S. Courthouse Bldg 915-533-7451 Honolulu, HI 96850 300 Ala Moana Blvd 808-521-1411 Houston, TX 77002 515 Rusk Ave 713-224-1511 Indianapolis, IN 46204 575 N. Pennsylvania St 317-639-3301 Jackson, MS 39264 100 W. Capitol St 601-948-5000 Jackonsville, FL 32211 7820 Arlington Expressway 904-721-1211 Kansas City, MO 64106 300 U.S. Courthouse Bldg 816-221-6100 Knoxville, TN 37919 1111 Northshore Dr 615-588-8571 Las Vegas, NV 89101 Las Vegas Blvd. S 702-385-1281 Little Rock, AR 72201 215 U.S. Post Office Bldg 501-372-7211 Los Angeles, CA 90024 11000 Wilshire Blvd 213-477-6565 Louisville, KY 40202 600 Federal Pl 502-583-3914 Memphis, TN 38103 67 N. Main St 901-525-7373 Miami, FL 33137 3801 Biscayne Blvd 305-573-3333 Milwaukee, WI 53202 517 E. Wisconsin Ave 414-276-4684 Minneapolis, MN 55401 392 Federal Bldg 612-339-7861 Mobile, AL 36602 113 St. Joseph St 205-438-3674 Newark, NJ 07102 Gateway 1, Market St 201-622-5613 New Haven, CT 06510 150 Court St 203-777-6311 New Orleans, LA 70112 1250 Poydras St., Suite 2200 504-522-4670 New York, NY 10278 26 Federal Plaza 212-553-2700 Norfolk, VA 23510 200 Granby Mall 804-623-3111 Oklahoma City, OK 73118 50 Penn Pl 405-842-7471 Omaha, NE 68102 215 N. 17th St 402-348-1210 Philadelphia, PA 600 Arch St 215-629-0800 Phoenix, AZ 85012 201 E. Indianola 602-279-5511 Pittsburgh, PA 1000 Liberty Ave 412-471-2000 Portland, OR 97201 1500 SW 1st Ave 503-224-4181 Quantico, VA 22135 FBI Academy 703-640-6131 Richmond, VA 23220 200 W. Grace St 804-644-2631 Sacramento, CA 95825 2800 Cottage Way 916-481-9110 St. Louis, MO 63103 1520 Market St 314-241-5357 Salt Lake City, UT 84138 125 S. State St 801-355-8584 San Antonio, TX 78206 615 E. Houston 512-225-6741 San Diego, CA 92188 880 Front St 619-231-1122 San Francisco, CA 94102 450 Golden Gate Ave 415-552-2155 San Juan, PE 00918 Hato Rey, PR 809-754-6000 Savannah, GA 31405 5401 Paulsen St 912-354-9911 Seattle, WA 98174 915 2nd Ave 206-622-0460 Springfield, IL 62702 535 W. Jefferson St 217-522-9675 Tampa, FL 33602 500 Zack St 813-228-7661 Washington, DC 20401 1900 Half St. SW 202-324-3000 [And now, for a success story, of sorts. How action by the people caused an actual government agency to rethink itself and change its ways.] +--------------------------------------------------------------------------+ | Food for thought | | by Storm | +--------------------------------------------------------------------------+ Way back in 1975, before many currently college-aged readers had a care in the world, a woman by the name of Francis Moore Lappe wrote a book entitled 'Diet for a Small Planet.' This book postulated concepts that many wouldn't consider, especially at that time, even now. One concept was that meat is not necessary for survival. In fact, a diet of meat is anti- survivalist. This effect is not only on the personal level: getting sick from ingesting the hormones and toxins present in the animal at the time of slaughter. This effect has gone many steps beyond, into world survival. There is simply not enough food, when wasted on slaughter stock production, to feed our world, not even our nation. Until February of this year, the USDA has been illustrating dietary guidelines based upon data compiled in the 50's. The four food group concept which placed wasteful meat as a priority has been known to be false since the 70's! But special interest groups persisted and funded. Senators and representatives know the magic of $'Ch-ching'$ - so nothing ever happened. Well, too damn many people got educated. It's surprising, too, considering that only 5% of all medical schools have prerequisites of nutrition education and only 30% even offer minimal nutrition classes. Too many people raised their voices. Too many people refused to be shut out by the grand bureaucracy. And finally a CHANGE occurred! The USDA has now instituted the 'Food Pyramid' means of explaining dietary needs. Just like a pyramid, the most important parts are at the foundation, with larger volume requirements. Protein Group Vegetables\Fruits Breads, Grains, & Cereals Seems pretty simple, doesn't it? Eat 7-11 servings of the bottom, 4-7 servings of the middle, and 2-3 servings of the top. The standard serving size has had to decrease, as there would be little time left in the day, if one just ate all day. The American Heart Association is telling people to eat only one 6 oz. serving of meat a day, if you MUST have meat. This trend is going in a positive direction. Unfortunately, parents are teaching children the bad habits learned from the previous generation. This is going to take some time to fix, but it is on the way. If we all just followed the herd, nothing would have changed. If no on spoke up, no one would learn. It's time to change not only the pace, but the direction as well. We in America need more people who speak out. We have been so subdued. Televison has become the opiate of the masses. Americans spend 'on average' six hours a day watching television. That leaves only two hours to give a shit after accounting for sleep and work. But that time giving a shit is spent concerned with health. The government puts fluoride in our water, which is done in Soviet prison camps to tranquilize prisoners. The goverment subsidizes the meat industry and feeds it to our children in public schools, further passifying the populace. Everyone is trained to go take a placebo of some sort: when the body aches, when the head hurts, when you eat too much, and when expectorating the toxins from our daily bread. Think about it! If the enemy can be forced to spend its [two hours a day] concentrating on healing and regrouping, there will be no time for attack. That's what's being done. Take the time to call your state capitol. Find out who your senators and representatives are. And PETITION! Use the form we've included or make your own. It doesn't matter. What DOES matter is that people speak out. Let it be known that we will no longer be butt-surfed. Let it be known that we, the people who make the laws, don't like the way things are going. Tell them that you don't like gun control. Tell them you want the right to kill yourself. Whatever it is you feel strongly about, let them KNOW! Things will change. Get enough people, and things will change. So don't just write. Preach, brother. Let the praises of freedom and free-thinking resound through the house and senate. Tell everyone you know what is being done. Show them Phirst Amendment. Get them to write Congress and the Senate. Draft letters regarding your beliefs and decision to not be screwed any more. Show these letters to friends. Have THEM send copies! If we know we're being screwed, and all we do is turn around and watch, we're not doing ourselves any good! +--------------------------------------------------------------------------+ | Gnus around town | | compiled by David Lightman | +--------------------------------------------------------------------------+ Cincinnati, OH- After receiving complaints from Cincinnati-area teachers and parents about the violent image of its `Savage Mondo Blitzer' dolls, Kenner Products is changing the name of several of the toys. "While the figures are based on zany fantasy characters," a Kenner spokesperson noted, "it appears that some consumers are concerned with the choice of names selected." The more vile characters were dubbed, `Snot Shot', `Puke Shooter', `Loaded Diaper', `Bad Fart', and `Projectile Vomit.' We feel it safe to add that test-market sales exceeded company expectorations. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Copenhagen- Average sperm counts worldwide dropped from 113 million in 1938 to 66 million in 1990, according to scientists at the University of Copenhagen. Such a drastic decrease over such a short time suggests environmental rather than genetic causes, says professor Niels Skakkebaek. It may be linked to an alarming rise is testicular cancer, which is about three to four times more prevalent than it was a half-century ago. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - International Travel- The Centers for Disease Control's International Traveller's Hotline can be reached at (404) 332-4559. They provide information on diseases, vaccinations, and food and water precautions for any number of countries. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Washington, DC- Public opinion is beginning to accept what politicians can't - that condoms should be distributed in schools. Responding to a Gallup poll, 68% of those surveyed, supported distribution. However, 43% said condoms should be given to all students, while 25% approved of distribution, but only with parental consent. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Faster Silicon Circuits- Westinghouse Electronic Corp. has received a government contract to develop silicon transistors that operate at higher speeds than today's devices. This new technology is expected to extend the use of low-cost silicon substrates into the higher-frequency regions of radar, cellular telephones, digital radio, and ultra-high-speed computing. The $624K U.S. Navy Research Laboratory contract, which extends through the end of 1993, supports further development of the silicon-on-insulator technology- called Microx. The technology will be used for applications in which both microwave radio and digital functions are built into the same monolithic chip. Experimental microelectronic chips fabricated from Microx have operated at the microwave frequencies of 30GHz and they are expected to achieve 40GHz, smoothing the way to a new generation of low-cost, mixed function RF/digital silicon monolithic circuits whose speeds are comparable to those attained by gallium-arsenide devices. Westinghouse believes these to be the highest frequencies for linear MOS silicon transistors. The key innovations are ion-implanted oxide layers produced within a high-resistivity substrate that resembles an insulator, combined with several advanced fabrication techniques. According to Michael C. Driver, manager of microelectronics at the Westinghouse Science and Technology Center, Microx can realize at least 10 decibels of power gain at 10GHz. This performance, he said, coupled with the low cost typical of silicon MOS technology, opens up a broad range of applications. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Another fine source of publications: CRB Research PO Box 56 Commack, NY 11725 Send for a catalogue and tell them... yes... Phirst Amendment sent you. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! Feedbag! ! ! Where goats eat your letters ! ! (along with other things...) ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - From: Gogang To : David Lightman You had information on the First Amendment, do you have anything related on using the Freedom of Information Act to get inside info from the government? -Gogang [Well, as a matter of fact, we do. This issues primary focus is on how one can more easily utilize, effectively, the Freedom of Information Act. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Addendum: Other Success Stories! or More on the Modem Tax: After receiving countless faxes and letters of inquiry from constituents, the FCC has denied that there was ever an intention to create a modem tax. We brought it to you first, but with help from Compuserve and Prodigy, to name a few, this message has been QUITE widespread. This is an example of what can be done if people actually make it known that they don't like what's going on. It looks like the modem tax is a bust. Situation- No Go! And I'd like to thank everyone that had a hand in this: everyone that passed a text file, everyone that sent a fax, everyone that held their ground, when it all came down - THANKS! NOTE! on distribution of this publication: All issues of Phirst Amendment have been circulated quite a bit around the world. [eg. England, Germany, Australia] Subscribers (land and electronic) now number over 300. If you find our articles of interest then please pass this publication around in your local area, as well as anywhere on any Net you can. This is a not-for-profit publication. We are getting copies out by E-mail, postal mail, and file transfer. We cannot spare the time and money necessary to send 1A everywhere. In lieu of this, we are trying to work out places that this publication can ALWAYS be found. If you're interested in carrying it, let us know, we'll be more than happy to arrange something. Things can only get more interesting! - KAoS Article I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or the press; or the right of the people, peaceably, to assemble and to petition the Government for a redress of grievances. PETITION FOR REDRESS OF GRIEVANCES as guaranteed by the 1st Amendment THE CONSTITUTION, BEING THE SUPREME LAW OF THE LAND (Art VI, Sec 2), I DEMAND REDRESS OF THE FOLLOWING GRIEVANCE: __________________________________ Name __________________________________ Address __________________________________