FOI Request for Database (fwd)

[Dorothy Day]

Just in case this hasn't made it back to web4lib, an IU SLIS MLS student
did the research the USC legal department neglected...

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Dorothy Day			
School of Library and Information Science
Indiana University
day at ucs.indiana.edu	


---------- Forwarded message ----------
Date: Thu, 15 Aug 1996 08:01:31 -0500 (EST)
From: agutting at indiana.edu
To: slis-l at majordomo.ucs.indiana.edu
Subject: Re: FOI Request for Database (fwd)

I'm writing this after 30 minutes of online research. (I would have taken
longer, but I had to go to work).  The search:

It took me about 5 minutes to find links to the critical site and another
20 to read the FOIA (dense, yes, but short) and the Federal FOIA guidelines
and, then, to skim a few examples from case law.  [My source site:
<http://www.oha.doe.gov/foiar.htm>  note bene: don't add any final "l" to
"htm"]

The Primary Question: Why doesn't he embrace FOIA Exemption 6?

According to this exemption no agency is required to give out personal
information on any individuals other than the petitioner.  There is case
law to support this (see web site above).  I've learned, furthermore, that
a petitioner may request an exemption to Exemption 6 only when the issue
involves "the greater good" of society. A commercial company's desire to
collect a mailing list falls clearly out of that category.  At least it
could be strongly argued in that direction.

In order to claim Exemption 6 MidNet needs to assert that releasing the
database is contrary to the wishes and best interests of the user/members
involved. Considering that the petitioner is a commercial entity, a refusal
should be easy to support.  Mr. Penn may also find that SC law does not
consider a not-for-profit's membership list as a public or government
record.

In addition:  If the petitioner intends to send  eMail solicitations, then
other laws step in; to wit:

US Code Title 47, Sec.227(b)(1)(C): "It shall be unlawful for any person
within the United States to use any telephone facsimile machine, computer,
or other device to send an unsolicited advertisement to a telephone
facsimile machine."  Under this law's definition, a computer with eMail and
printer constitutes a "telephone facsimile machine."

If this entire scenario isn't a hoax (i.e.  either an August exercise or an
urban legend), then our friend in SC has more problems than the issue at
hand.  It seems that the legal staff at USC doesn't have much interest in
USC (U.S. Code law).  It also appears that Mr. Penn doesn't have much time
to spend online.

Ann H.Gutting <agutting at indiana.edu>
IU SLIS - MLS
Indiana University, Bloomington