FOIA Files

January 28, 2005 9:12 AM

I've wanted a copy of my personal FBI file under the FOIA (Freedom of Information Act) for a while now, but never requested it. I have reason to believe that it may be slightly more extensive than the average dossier. My question is this, then:

Given the current "tone" in the US right now, is it unwise or imprudent to make the request now? Is it going to flag me for more intense scrutiny? (which is fine, I suppose, as I'm a law-abiding citizen) Has anyone had any experience with this? (I know how to apply, I'm asking whether I should.)
posted by anonymous to Law & Government (10 answers total)

No matter when you ask, it's likely to flag you for more intense scrutiny. After all, nobody with anything to worry about even thinks they have an FBI file.

Seriously, if you don't mind the idea of it being noted on your record (and subsequently blacked-out), go for it. The FBI can't just harass every single person they have even the slightest suspicion of, they've only got so many people.
posted by Saydur at 9:28 AM on January 28, 2005

I've heard of people who request their FBI files, and when they receive them all it contains is a record of them requesting their FBI file. So if you don't have one you'll get one, but hey, it might be interesting to see if there's anything else in there. I'm kind of curious about what's in mine...I've heard that the FBI keeps track of people at high-profile protests and I wonder if it's true.
posted by baphomet at 9:33 AM on January 28, 2005

Be aware, it could take forever to arrive, like years. The FOIA office is not exactly speedy or overstaffed.
posted by CunningLinguist at 10:35 AM on January 28, 2005

I have experience with filing FOIA's though am not familiar with circumstances such as yours. I would suggest reading this article from the Project on Government Oversight.

Also, I would check the following to see if it is "unwise or imprudent" at this time. They both have lots of relevant information and I would suggest contacting the NSA.

National Security Archive FOIA Resources link, and Behind the Homefront (has extensive coverage of state and federal FOIA issues)
posted by mlis at 11:31 AM on January 28, 2005

This reminds me of an episode of Law and Order SVU, where Munch (Richard Belzer) requests his FBI file, and when he gets it, he is disappointed to discover that they essentially considered him to be a poser.

Not that that would be anon's result, of course. I'm just sayin'.
posted by MrZero at 12:01 PM on January 28, 2005

he is disappointed to discover that they essentially considered him to be a poser.

Just curious, having never seen anyone's actual FBI file: would it really contain analysis such as this? Or would it simply be a listing of facts? ("Spoke at anti-Bush protest, 1/28/2004. Member of Barely Subversive Musicians, 2000-2003.") If it did contain analysis, would that be redacted as confidential before it went out for a FOIA request?
posted by DevilsAdvocate at 12:26 PM on January 28, 2005

I have seen two FBI files. They contained reports from different times and places, filed by different officers, and many were as innocuous as something like "Observed attending folk music performance by group known to express anti-government views" or "attached is copy of letter to senator expressing opposition to the draft". Sometimes details are blacked out. Both were files of people I know; one was in the SDS in college, the other was a general kind of protest character, Quaker, liberal who had done some activism. From the looks of it, you don't really need to be a very outlandish person to achieve a file.

I also have heard often that the surest way to start a file is to request your file. So I have never done it, though I am mildly curious, since I've consorted with radicals and attended numerous marches and rallies.
posted by Miko at 1:22 PM on January 28, 2005

A friend of mine tried this with our local equivalent, the SIS, under our Freedom of Information Act.

They replied saying they couldn't tell him, because if they were to answer such requests, a person with bad intentions could issue a series of such requests in order to build a picture of the kinds of thing they are interested in. Which is annoying but plausible to me.

So my prediction is that you would receive nothing of interest.
posted by i_am_joe's_spleen at 1:37 PM on January 28, 2005

They replied saying they couldn't tell him, because if they were to answer such requests, a person with bad intentions could issue a series of such requests in order to build a picture of the kinds of thing they are interested in. Which is annoying but plausible to me.

Can someone explain to me why it would be bad to know exactly what the government does and does not want you to do?

Sounds like one of those "We're too lazy to do it" excuses where if you send a copy of the letter from them to your MP they get their asses in gear and just do it, instead. :-)
posted by shepd at 4:49 PM on January 28, 2005

I would go for it. My file was largely blacked out. (And I'm just a fucking librarian, and I'm really no threat to the U.S., unless you are afraid of faggotry). I am glad I did it. i stopped applying for government jobs. I learned a lot about the government ( You're okay if you don't trigger concern more than once every three months.) And now I know that the FBI is totally paranoid. I'm really no threat to anyone.
posted by gesamtkunstwerk at 8:26 PM on January 28, 2005