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Getting My Records from the NSA

Posted May 26, 2006 – 5:30 pm by Yakov Shafranovich in Politics, Website

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Two weeks ago when USA TODAY published their famous story about a database of telephone records maintained by the NSA on all Americans, I decided to test my luck and see if I can get a copy of those records via a Privacy Act request. Following instructions on NSA’s FOIA page, I sent them a digitally signed email with my request (I have never seen any other federal agency accept signed email in liue of a written request). The email is as follows:

Under the Freedom of Information Act, 5 U.S.C. subsection 552 and the Privacy Act, 5 U.S.C. section 552a, please furnish me with copies of all records about me indexed to my name, social security number and phones numbers specified below. To help identify information about me in your record systems, I am providing the following required information:

[skip privacy information]

Description of the records you seek:
1. List of all phone records collected by the NSA from telecommunications companies under my home and cell phone number specified above used in the database described in this article:

http://www.usatoday.com/news/washington/2006-05-10-nsa_x.htm

AND

in any other databases or record systems maintained by the NSA.

2. Any other available information about myself under the personal identifiers specified above.

If you deny all or any part of this request, please cite each specific exemption that forms the basis of your refusal to release the information and notify me of appeal procedures available under the law.

If you have any questions about handling this request, you may telephone me at XXX-XXX-XXXX.

Sincerely,
Yakov Shafranovich

Last week I actually got their response which appears below (scanned copies can be found here: pages one and two):

NATiONAL SECURITY AGENCY CENTRAL SECURITY SERVICE
FORT GEORGE G. MEADE, MARYLAND 20755-6000
FOIA Case: XXXXXX
16 May 2006

Mr. Yakov Shafranovich
XXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXX

Dear Mr. Shafranovich:

This responds to your Freedom of Information Act (FOIA) request of 11 May 2006, which was received by this office on 12 May 2006, for a list of all phone records collected by the NSA from telecommunications companies under your home and cell phone number and any other information this Agency may maintain on you. Please refer to the case number at the top of the page when contacting us about your request. There are no assessable fees for this request. Your request has been processed under the provisions of the FOIA.

Because of the classified nature of the National Security Agency’s efforts to prevent and protect against terrorist attacks, the fact of whether or not any specific technique or method or activity is employed in that effort is exempt from release pursuant to the exemption provisions of the FOIA.

We can neither confirm nor deny the existence of records responsive to your request. The fact of the existence or non-existence of responsive records is a currently and properly classified matter in accordance with Executive Order 12958, as amended. Thus, your request is denied pursuant to the first exemption of the FOIA, which provides that the FOIA does not apply to matters that are specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign relations and are properly classified pursuant to such Executive Order.

Moreover, the third exemption of the FOIA provides for the withholding of information specifically protected from disclosure by statute. Thus, your request is also denied because the fact of the existence or non-existence of the information is exempted from disclosure pursuant to the third exemption. The specific statutes applicable in this case are Title 18 U.S. Code 798; Title 50 U.S. Code 403-1(i); and Section 6, Public Law 86-36 (50 U.S. Code 402 note).

As your request is being denied, you are hereby advised of this Agency’s appeal procedures. Any person denied access to information may file an appeal to the NSA/CSS Freedom of Information Act Appeal Authority. The appeal must be postmarked no later than 60 calendar days of the date of the initial denial letter. The appeal shall be in writing addressed to the NSA/CSS FOIA Appeal Authority (DC34), National Security Agency, 9800 Savage Road STE 6248, Fort George G. Meade, MD 20755-6248. The appeal shall reference the adverse determination and shall contain, in sufficient detail and particularity, the grounds upon which the requester believes that the determination is unwarranted. The NSA/CSS FOJA Appeal Authority will endeavor to respond to the appeal within 20 working days after receipt, absent any unusual circumstances.

If we have misinterpreted your request and you have been affiliated with the NSA in some way as an employee, applicant, or visitor and are looking for records related to those activities, you may submit a signed Privacy Act request to seek that type of information. If you provide a Social Security number, it will assist us with the search for responsive records.

Sincerely,

LOUIS F. GILES
Director of Policy

I haven’t yet decided whether to appeal.

UPDATE: Another somewhat similar FOIA request and denial. Another one here.

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  1. 55 Responses to “Getting My Records from the NSA”

  2. I just found this blog entry via Digg and felt I had to comment. You should totally appeal. I can’t believe even the Government is denying your request for your _own_ personal information.

    By Mike on May 28, 2006

  3. APPEAL ITTTT!!

    By Tom Vendetta on May 28, 2006

  4. Appeal… why not? At least you tried.

    By Ben on May 28, 2006

  5. appeal!!!!!!!!!!!!!!!!

    By appeal on May 28, 2006

  6. What if everyone deluged the NSA for similar requests, and filed appeals. It would really make them sit up and take notice. Let’s
    do it.! I’m going to send my request immediately. If you think this is a good idea, email me once you have filed your own request, and I’ll get a good idea of how many did file. Grassroots politics at it’s best. While we are at it, send a message to the George Bush that you disapprove of this behavior. We have the power of the internet, and email. Let’s use them.

    Send email to:

    davidba@mac.com
    davidba@speakeasy.net

    By David Alford on May 28, 2006

  7. What if everyone deluged the NSA for similar requests, and filed appeals. It would really make them sit up and take notice. Let’s
    do it.! I’m going to send my request immediately. If you think this is a good idea, email me once you have filed your own request, and I’ll get a good idea of how many did file. Grassroots politics at it’s best. While we are at it, send a message to the George Bush that you disapprove of this behavior. We have the power of the internet, and email. Let’s use them.

    Send email to:

    davidba@mac.com
    davidba@speakeasy.net

    By David Alford on May 28, 2006

  8. What if everyone deluged the NSA for similar requests, and filed appeals. It would really make them sit up and take notice. Let’s
    do it.! I’m going to send my request immediately. If you think this is a good idea, email me once you have filed your own request, and I’ll get a good idea of how many did file. Grassroots politics at it’s best. While we are at it, send a message to the George Bush that you disapprove of this behavior. We have the power of the internet, and email. Let’s use them.

    Send email to:

    davidba@mac.com
    davidba@speakeasy.net

    By David Alford on May 28, 2006

  9. Fascism in the USA is becoming more obvious as each day goes by.

    By Mike S on May 28, 2006

  10. Very interesting

    By sam on May 28, 2006

  11. Oh, it’d be a lovely day if you decide to appeal.. :)

    By Ryan on May 28, 2006

  12. Of course you should appeal. Go through the whole appeals process, posting all correspondence. It would be an interesting exercise and I’m sure some papers will pick it up if they learn of it.

    Nice job!

    Q

    By Quash on May 28, 2006

  13. Please, Appeal!

    By vucabei on May 28, 2006

  14. Man you have balls. Bush probably has a permanent file on you now and not the good kind.

    By Made in Amerikkka on May 28, 2006

  15. You only have sixty days. Appeal now!

    By XXX on May 28, 2006

  16. Wow!

    Go for the appeal. But then, it could get messy. Be sure to keep us posted!

    Hrm…I’m actually tempted to try that here in the UK with GCHQ…

    By Dave on May 28, 2006

  17. You could consider emailing the EFF perhaps? They’re currently suing AT&T regarding this after all…

    By Janek Mann on May 28, 2006

  18. APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL APPEAL AAAAAAPPPPPPPPPPPPPPPEEEEEEAAAAALLLLLLLLLLL!!!

    By Mike on May 28, 2006

  19. so, appeal !!!

    what are the risks ?

    By lobo on May 28, 2006

  20. What a waste of your time and taxpayer dollars! If you appeal, you’ll just be wasting more of our money. Cut it out. The NSA isn’t going to give you any information, regardless of what you do. That’s how it works. So stop wasting everyones’ time with childish “stick it to the man” stunts like this.

    By Chuck on May 28, 2006

  21. While I also think it would be a nice idea to appeal, the letter does state:
    “The appeal shall reference the adverse determination and shall contain, in sufficient detail and particularity, the grounds upon which the requester believes that the determination is unwarranted.”

    What argument could be used here? They’re stonewalling lawsuits with the “National Security” defense as is, I doubt they’d drop it for a single request for information

    By Ruben on May 28, 2006

  22. don’t appeal and save my taxpayer dollars please. You probably won’t get anything. Thanks.

    By Butch on May 28, 2006

  23. I recieved the same letter when i request all records pertaining to me, not just phone records.

    By kevin shoaf on May 28, 2006

  24. i say we start spying on the nsa, and tell them to go to hell when they want to know what we know

    By hank on May 28, 2006

  25. Yeah, that pesky “national security” excuse. Pssh. Who do they think they are anyways?!? The NSA?!? Oh..wait..

    Seriously though, this isn’t about your phone records, it’s about keeping a highly sensitive intelligence project secret. Disclosure of that information is in practice and theory acknowledgement of said program.

    If you want your phone records, call your respective telco. They aren’t listening to your phone calls, just collecting phone logs (numbers, dates, times, etc..) for statistical matrix analysis.

    It’s ALL public information. Get over it.

    By Rounin on May 28, 2006

  26. Plese do appeal. Spend My tax $$ in this very important inquiry. It is disgusting how this govt legitimizes the wholescale destruction of the Bill of Rights and Constitution while giving billions to corrupt death merchants and war profiteers.

    We don’t need to become, in contrast to ‘chucks’ and ‘bushs’ comments, a nation of snitches. According to them, we might as well burn the Declaration of Independence too, it costs too much to keep printing copies of it.

    By apple pie on May 28, 2006

  27. All of you complaining about “taxpayer dollars” pull your head out of your ass. These dollars are just going to be wasted on other stupid shit like this anyway. As Americans, we have the right to know our own information. If the NSA or any other government agency refuses to provide us with our own information, it would be going against everything we as Americans stand for. I say go for it. Send the appeal. I will be sending my request also.

    If you really want to complain about how tax dollars are used, take a look at federal financial aid and the low life scum who are receiving it. 80% of the people that receive these funds are only going to college to receive these funds. They have no intention on doing anything with their lifes. Then you look at the people that actually work for a living and can’t afford to go to college but want to better themselves. Because these people acually have jobs, they don’t get a dime from the federal government to help them with school.

    If you want to complain, find something worth complaining about. The 39 cents it takes for the NSA to send a deniel letter is hardly worth complaining about.

    By Flip on May 28, 2006

  28. How silly to think that an appeal is going to cost you extra tax dollars. The budget is done, all the money this agency is going to get has already been approved and allocated and probably spent!
    And before one complains about the use of tax dollars, they should ask themselves: hmmm, FOIA appeal… Iraq war? Appeal or war?? Now where is my so called tax dollars being put to better use?
    Only right wing trolls would suggest that no appeal be made and use the lame excuse of wasting “their” tax dollars.
    LOL at such foolishness.

    By marv Parker on May 28, 2006

  29. The taxpayers dollars? Don’t worry about it everyone, I’ll foot the kinkos bill for the NSA to make copies. Oh, and the FedEX bill to have it sent to you.

    Other than that, it’s their job to handle this information (i.e. gather, store, sort, and file information about me, and you) and I already pay for that with my taxes.

    Go for the appeal Yakov!!

    By Waffl3s on May 28, 2006

  30. I am shocked by their response.

    The Bush Administration has been saying that info on the telephone numbers called by a person is no big deal — that everyone has that information. In fact, EVERYONE does not have that info, only the person receiving the bill.

    And inasmuch as you indicated you’d accept less than ALL the info they have on you, then if the numbers you call or that call you is so unimportant — why won’t they at least send you a list of those numbers?

    Two additional comments:

    1) I’m no computer whiz kid, but give me the phone #s coming into or going out of someone’s phone & I can likely obtain the names & addresses & a lot of information about the persons using that phone #.

    And suppose someone had an Anti-Bush campaign with a phone # & you gave me the #s calling that #, we could get their names and addresses & forward those names to the govt to put on the list for an IRS audit, or other harrassment.

    2) Inasmuch as I have 4 phones (including cell) in my home hardly a day goes by that I don’t receive a call from someone who has the wrong #. Now suppose some nutcase calls me — then the next time I’m at the airport, I get detained for hours because of a wrong #.

    This whole program is insane and inane & just another infringement by the Bush Adm on individual privacy rights.

    By Dillon on May 28, 2006

  31. “What a waste of your time and taxpayer dollars! If you appeal, you’ll just be wasting more of our money. Cut it out. The NSA isn’t going to give you any information, regardless of what you do. That’s how it works. So stop wasting everyones’ time with childish “stick it to the man” stunts like this.”

    Are you serious? If no one took the time to make these types of requests and hold the government accountable for it’s actions, the populace is giving up inalienable rights; rights that are guaranteed us under the constitution. This issue is far larger than the fraction of a fraction of a cent you might be paying towards this. It is truly saddening the amount of apathy with which the American public has been greeting the issues surrounding privacy and the government’s invasion of privacy.

    By Gabe on May 28, 2006

  32. You should definately appeal, they have no reason to deny you your own information. And for the matter, you should produce a form letter that we can all use to send to these guys. The more mail they get like this the less enthusiastic they’ll be about doing this shit.

    By aaron on May 28, 2006

  33. To the No Appealers:
    We’ve got a trillion dollar deficit, a 400 billion dollar illegal war, and we just paid halliburton 385 million to make concentration camps in some secret place, and youre worried about your taxpayer dollars it might take for someone in the NSA to write one more denial letter?

    By Biff on May 28, 2006

  34. Trolls say don’t waste my taxpayer dollars on appeals to FOIA. But PLEASE do waste them on trillion dollar wars in Iraq. You are the ones wasting everyone’s time by breathing our air. Please stop so those of us who love our country can clean up your president’s mess. Thanks.

    By Brak McHenries on May 28, 2006

  35. Chucky boy spit out this trash:

    “What a waste of your time and taxpayer dollars! If you appeal, you’ll just be wasting more of our money. Cut it out. The NSA isn’t going to give you any information, regardless of what you do. That’s how it works. So stop wasting everyones’ time with childish “stick it to the man” stunts like this.”

    Don’t listen to him. He’s probably one of those being paid by this administration to spread disinformation and lie and harrass law abiding citizens looking for real change in this criminal administration.

    There is a whole new indistry springing up around tis kind os disinformation.

    Appeal. Do it today. I would rather my tax dollars be spent this way than the alternatives being forced on me by Bushco.

    By Patriot on May 28, 2006

  36. To the No Appealers:
    We’ve got a trillion dollar deficit, a 400 billion dollar illegal war, and we just paid halliburton 385 million to make concentration camps in some secret place, and youre worried about your taxpayer dollars it might take for someone in the NSA to write one more denial letter?

    By Biff on May 28, 2006

  37. My request has been sent.

    By Lbjazz on May 28, 2006

  38. I so don’t get this argument that you should leave the NSA alone in the name of saving tax dollars. They’re wasting millions of our money on this illegal domestic spy program, if you actually cared about your tax dollars at all, you’d demand accountability. WTF?

    Appeal!

    By david on May 28, 2006

  39. By all means appeal. I personally don’t mind seeing my tax dollers used to process a fellow citizen’s request for their own personal file. Better spent on that then on corporate welfare or pork.

    IMHO, everyone should be automatically & immediatly allowed access to (uncensored) government files regarding themselves.

    By bill on May 28, 2006

  40. Tax dollars are collected specifically to fund government services such as this–just as tax dollars are used to fund other government services such as fire and police departments.

    What kind of nitwit would think you shouldn’t call on the fire department when your house is burning, or call on the police to report a rape simply on the basis that those agencies must use your tax dollars to answer your call?

    Appeal, please. You pay taxes to support a government that is dedicated to serving you. You have the right to petition for this information.

    By Dan Scott on May 28, 2006

  41. Send in all your correspondance/replies to Jim at cryptome.org

    He’s been hosting stuff like this for ages. :)

    By kyh on May 28, 2006

  42. Please appeal. I’t s important that we use the checks and balances provided us while we still have ‘em.

    By Darwinita on May 28, 2006

  43. I think that it would be doing the public a favor to appeal this and get the response from the highest level possible.

    …I do have one question though, have you tried to fly anywhere recently? I hear that those no fly lists don’t take much to get on….

    By Defender on May 28, 2006

  44. The governing agencies that are established are here to protect the privacy of our citizens and not allow any possible frivilous gathering of information wich could potential fall into the wrong hands such as terrorists or anyone who might request this information given possible identity fraud. If anyone writes and “email” requesting such personal information that is electronically signed, that is no guarantee that it is the person requesting such information. It is indeed our right to obtain information about ourselves, but in light of terroists events the sensitivites from our government it may be something considering that is warranted. In arguement to that would be, “but it’s my personal information and they have no right to not release it to me”. Sadly they do have a rights to do anything they wish. The NSA is a governing agency and has made is rules base on bruocracy and the US government privacy act, and they’ve been known to screw the little guy for hundreds of years. But you have to ask yourself wich is more imporatant. The personal information wich was gathered, wich is only times, dates and action codes, or the safety of our country? You can contact your local internet, phone and power companies for any and all personal information recorded that you need. If in fact you do appeal, sadly you may not have an arguement because of the legalities that the NSA has implimented, barring you obtain a lawyer and have a federal injunction and/or law suit filed. Hope this helps a little about how confusion this very complicated matter. Good luck with whatever decision you choose.

    By S. Peters on May 28, 2006

  45. The governing agencies that are established are here to protect the privacy of our citizens and not allow any possible frivilous gathering of information wich could potential fall into the wrong hands such as terrorists or anyone who might request this information given possible identity fraud. If anyone writes and “email” requesting such personal information that is electronically signed, that is no guarantee that it is the person requesting such information. It’s indeed our right to obtain information about ourselves, but in light of terroists events the sensitivites from our government is warranted. In arguement to that would be, “but it’s my personal information and they have to right to not release it to me”. Sadly they do have a rights to do anything they wish. The NSA is a governing agency and has made is rules base on bruocracy and the US government wich has been known to screw the little guy for hundreds of years. But you have to ask yourself wich is more imporatant. The personal information wich was gathered, wich is only times, dates and action codes, or the safety of our country. You can contact your local internet, phone and power companies for any and all personal information recorded that you need. If in fact you do appeal, sadly you may not have an arguement because of the legalities that the NSA has implimented baring you obtain a lawyer and have a federal injunction and/or law suit filed. Hope this clears up any confusion on this very complicated matter. Good luck with whatever decision you choose.

    By s. peters on May 28, 2006

  46. Directions on how to get your own records can be found in a follow up post here:

    http://www.shaftek.org/blog/archives/000392.html

    By netwizard on May 28, 2006

  47. Thank you for sharing your experience thus far. You’ve already received more than enough advice re: appeal or not, so I won’t add to the debate on that point.

    What troubles me about your experience to date is that the provisions for a citizen of these United States to obtain copies of inforation being collected about him/her have been nullified.

    If it is the case that I am allowed to do ‘X’ under the law, and then some power-hungry f~ck of a Chief Executive completely nullifies my ability to do ‘X’, well… the provision permitting me to ‘X’ is now as useless as if it had never existed.

    This is, in my humble opinion, an administrative example of a less-than-desireable alternative to the kind of government of/by/for the people that we’ve been taught we have.

    By Richard Harlos on May 28, 2006

  48. Forget what Chuck says. Chuck is obviously a BIG PUSSY! What if WE ALL rolled-over and let the government nazis have their way?!

    KISS MY ASS CHUCK!!! APPEAL!!!!!

    By Brooks on May 28, 2006

  49. Who ever wrote this…

    “What a waste of your time and taxpayer dollars! If you appeal, you’ll just be wasting more of our money. Cut it out. The NSA isn’t going to give you any information, regardless of what you do. That’s how it works. So stop wasting everyones’ time with childish “stick it to the man” stunts like this.”

    What is your address? I will send you a nickel in the mail. This will WAY more than cover the amount of your “tax dollars” being spent on this.

    LOL What an idiot!

    By Flip on May 28, 2006

  50. Appeal dammit
    (tax dollars my ass PPPPLLLEEAASSSEEEEE)

    By ? on May 28, 2006

  51. You can always claim the president has no power to change laws (freedom of information act) with an executive order (congress makes and changes laws) and no power to judge what takes presidence (that’s the judicial branch)

    By exobyte on May 29, 2006

  52. USA – The country of the free and justice for all – What a joke – We have troops dying in onthoer countries in the name of “liberation” and in our own country, we have been denied the right to know what the government is collecting about us – Hipocrisy.

    By harringf on May 29, 2006

  53. Please appeal. I think you should contact the ACLU too. Contact your local ACLU affliate. http://www.aclu.org/affiliates/

    Keep us posted and let us know how we can help you. :)

    By Brian R. on May 30, 2006

  54. What a great country we have where folks defend the government spying on their own people for purely political reasons, yet aren’t bothered in the least that big corporations get lavish tax cuts that are funded by the middle-class working stiff. I say fuck ‘em. Appeal this decision and I think it’s the right and probably the responsibility to question, question, question the government at all levels. Particularly THIS administration’s government.

    Sorry, Chuck, but you are a pitiful fool to worry about an eighth of a cent in tax money being spent in an effort to keep the NSA in check versus how many BILLIONS for Iraq and god knows how much for corporate welfare. What a maroon…

    By Vindelica on May 30, 2006

  55. In my opinion, you’ve got nothing to lose with an appeal, so why not?

    By Tommy B on May 30, 2006

  56. I saw this quote the other day and thought it was fitting to this argument.

    THE CONSTITUTION

    “They keep talking about drafting a Constitution for Iraq. Why don’t we just give them ours? It was written by a lot of really smart guys, it’s worked
    for over 200 years and we’re not using it anymore.”

    Fricken Brilliant! They say we have rights, but then they make up some bull shit excuse not to give us what we have the right to.

    Amendment I – Freedom of speech
    But then you get arrested for saying something about another race, religion, sex, ect.

    Amendment II – Right to Bear Arms
    Not really touched so much other than they tell us what kind of Arms we can and cannot have and we need a licence for it.

    Amendment III – NO Quartering Soldiers
    Well, We just haven’t run into this on US soil in a while.

    Amendment IV – No Search and Seizure without Probable Cause
    Check out Digg… Cops arrested a guy for drugs they found while searching his car because he had CDR’s on his passanger seat. WTF! (No Outcome as of yet)

    Amendment V – No Double Jeopardy
    For the most part holds true.

    Amendment VI – Speedy and Public trial
    HAHAHA nuf said. (If you haven’t gone thru our wonderful judicial system, speedy is NOT the word to describe it.)

    Amendment VII – Trial by Jury
    Sure you can choose to have a trial by Jury, but who picks the Jury?

    Amendment VIII – No Cruel or Unusual Punishment
    While I am all for the death penalty, it does seem a little cruel.

    Amendment IX – The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    Amendment X – The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

    Amendment 9 and 10 as described here http://www.record-eagle.com/edits/know_your_rights/26ninth.htm

    “So we the people have the individual rights to travel, to educate our children in the manner we deem best, to pursue an occupation of choice, to marry and rear children. More important, we have the right to tell the federal government when it has stepped beyond the bounds of the Constitution and treaded on the rights never yielded to its authority.”

    I especially like the part “More important, we have the right to tell the federal government when it has stepped beyond the bounds of the Constitution”

    So after this long ass depiction of our Bill of Rights, I say appeal until you win!

    By Flip on Jun 6, 2006

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