This is not a rant about Encryption. I am just wondering who has done an FOIA to listen to Encrypted traffic.
While not under FOIA, many encrypted systems allow receive only radios for the media. usually, these radios are leased from the agency, or purchased by the media outlet and programmed by the agency. It would not be unreasonable under those circumstances to make a claim that since the media is afforded access to the system, citizens should also be afforded the same opportunity, under the same guidelines that the media are limited to. Just because it isn't "open" isn't a reason to completely disregard legitimate attempts to access a system, or to make the original poster appear nefarious.That makes no sense to me. Freedom of Information Act request for encrypted transmission? What is FOIA suppose to do, send you audio files or transcripts, or give you a radio, or the tech? Unless otherwise authorized to do so, trying to hack or listen in on USA encrypted transmissions is illegal anyway. Me, I stay away from anything that isn't "open".
Seems to me that would defeat the point of encryption. But thanks for the explanation.It would not be unreasonable under those circumstances to make a claim that since the media is afforded access to the system, citizens should also be afforded the same opportunity....
You truncated my comment. It should be "same opportunity under the same guidelines", meaning the citizen would have to meet the requirements of and comply with any background checks, agreements to how the information can be utilized, etc. that are placed on media use of the radio. I never meant to imply that it would be easy, just that there are some arguments that can still be made. The media should NEVER be granted more access to anything than an everyday citizen has.Seems to me that would defeat the point of encryption. But thanks for the explanation.
I am aware of citizens filing FOIA requests "just because", and having their requests granted. If an agency is requiring further justification to grant a request, it's possible that they are not fully complying with the law. From the FOIA.gov webpage: "The general rule is that any person – citizen or not – can make a FOIA request." Also, FOIA applies to Federal agencies, not state of local....On top of this, FOIA requires that the person making the request have a legitimate reason for the records to be released-"I'm a citizen, and my taxes pay for the system" is not enough. FOIA does not, and will never apply to live broadcasts.
FOIA, or some version of it, applies to states also. Example: Virginia Freedom of Information Advisory CouncilAlso, FOIA applies to Federal agencies, not state of local.
I believe each state would have to enact it's own version of a FOIA. Your example in Virginia, for example, would be useless for someone requesting information from the state of California.FOIA, or some version of it, applies to states also. Example: Virginia Freedom of Information Advisory Council
Hope this helps,
Certainly. The Virginia FOIA example was simply to show that states do have FOIA or equivalent laws, that the federal law wasn't the only FOIA-type law.I believe each state would have to enact it's own version of a FOIA. Your example in Virginia, for example, would be useless for someone requesting information from the state of California.