Peeping tom vs Defense open door or close door

In the open door the defense is lacking to Peeping or gathering
information yet a close door stop such information in such the Close
door is open by The Freedom of Information Act (FOIA) and has no
immunity in Miranda of privacy since Miranda has a close door and in
review of a open door the immunity is rest on the FOIA if close door
the Miranda advisement is the search to seizure of property and as in
The Film by Alfred Hitchcock "Rear Window" at first a mock to Rear
view mirror of a vehicle by later in tempest became a review of
Privacy that Miranda Advisement filled the loop hole and now with FOIA
allows full working of Department of Defense Sec. 806.4
Definitions.

(a) Electronic reading room (ERR). Rooms established on Internet web
sites for public access to FOIA-processed (a)(2)(D) records.
(b) FOIA request. This includes FOIA requests made by members of
Congress either on their own behalf or on behalf of one of their
constituents. Process FOIA requests from members of Congress in
accordance with this Air Force supplement. Air Force-affiliated
requesters, to include military and civilian employees, should not use
government equipment, supplies, stationery, postage, telephones, or
official mail channels to make FOIA requests.
(1) Simple requests can be processed quickly with limited impact on
the responding units. The request clearly identifies the records with no
(or few) complicating factors involved. There are few or no responsive
records. Only one installation is involved and there are no outside
Office of Primary Responsibility (OPRs). There are no classified or
nongovernment records. No deliberative process/privileged materials are
involved. The responsive records contain no (or limited) personal
privacy information and do not come from a Privacy Act system of
records. No time extensions are anticipated.
(2) Complex requests take substantial time and cause significant
impact on responding units. Complications and delays are likely. Records
sought are massive in volume. Multiple organizations must review/
coordinate on requested records. Records are classified; originated with
a nongovernment source; are part of the Air Force's decision-making
process; or are privileged.
(c) Government Information Locator Service (GILS). GILS is an
automated on-line card catalog of publicly accessible information. The
Office of Management and Budget (OMB) Bulletin 95-01, December 7, 1994,
and OMB Memorandum, February 6, 1998, mandates that all federal agencies
create a GILS record for information available to the public. The DoD
GILS resides on DefenseLINK, the official DoD home page, at http://
www.defenselink.mil/locator/index.html.
(d) Initial denial authority. Only approved IDAs may deny all or
parts of records. FOIA managers may: initially deny fee category claims,
requests for expedited processing, and waiver or reduction of fees;
review fee estimates; and sign ``no records'' responses. IDAs are the
deputy chiefs of staff and chiefs of comparable offices or higher at HQ
USAF and Secretary of the Air Force (SAF), and MAJCOM commanders. Deputy
Chiefs of Staff and chiefs of comparable offices or higher at HQ USAF
and SAF may name one additional position as denial authority. MAJCOM
commanders may appoint two additional positions at the headquarters and
also the wing commander at base level. MAJCOM IGs and MAJCOM Directors
of Inquiries (IGQ) may act as IDAs for IG records. MAJCOM FOIA managers
must notify HQ AFCIC/ITC in writing (by facsimile, e-mail, or regular
mail) of IDA position titles. Send position titles only--no names. HQ
AFCIC/ITC sends SAF/IGQ a copy of the correspondence designating IDA
positions for IG records. When the commander changes the IDA designee
position, MAJCOM FOIA managers will advise HQ AFCIC/ITC immediately. In
the absence of the designated IDA, the individual filling/assuming that
position acts as an IDA, however; all denial documentation must reflect
the position title of the approved or designated IDA, even if in an
acting capacity (for example, Acting Director of Communications and
Information, Headquarters Air Combat Command).
(e) Office of primary responsibility (OPR). A DoD element that
either prepared, or is responsible for, records identified as responsive
to a FOIA request. OPRs coordinate with the office of corollary
responsibility (OCR) and FOIA managers to assist IDAs in making
decisions on FOIA requests.
(f) OCR. A DoD element with an official interest in, and/or
collateral responsibility for, the contents of records identified as
responsive to a FOIA request, even though those records were either
prepared by, or are the primary responsibility of, a different DoD
element. OCRs coordinate with OPRs and FOIA managers to assist IDAs in
making decisions on FOIA requests.

[[Page 9]]

(g) Appellate authority. The SAF has designated the Deputy General
Counsel, Fiscal, Ethics, and Civilian Personnel (SAF/GCA) as the FOIA
appellate authority.
(h) Reading room. Any place where a member of the public may view
FOIA records.



Sec. 806.5 Responsibilities.

(a) The Director, Communications and Information (HQ USAF/SC) has
overall responsibility for the Air Force FOIA Program. The Corporate
Information Division (HQ AFCIC/ITC) administers the procedures necessary
to implement the Air Force FOIA Program, submits reports to the
Director, Freedom of Information and Security Review (DFOISR), and
provides guidance and instructions to MAJCOMs. Responsibilities of other
Air Force elements follow.
(b) SAF/GCA makes final decisions on FOIA administrative appeals.
(c) Installation commanders will: Comply with FOIA electronic
reading room (ERR) requirements by establishing a FOIA site on their
installation public web page and making frequently requested records
(FOIA-processed (a)(2)(D)) records available through links from that
site, with a link to the Air Force FOIA web page at http://
www.foia.af.mil. See Sec. 806.12(c).
(d) MAJCOM commanders implement this instruction and appoint a FOIA
manager, in writing. Send the name, phone number, office symbol, and e-
mail address to HQ AFCIC/ITC, 1250 Air Force Pentagon, Washington, DC
20330-1250.
(e) Air Force attorneys review FOIA responses for legal sufficiency,
provide legal advice to OPRs, disclosure authorities, IDAs, and FOIA
managers, and provide written legal opinions when responsive records (or
portions of responsive records) are withheld. Air Force attorneys ensure
factual and legal issues raised by appellants are considered by IDAs
prior to sending the FOIA appeal files to the Secretary of the Air
Force's designee for final action.
(f) Disclosure authorities and IDAs apply the policies and guidance
in this instruction, along with the written recommendations provided by
staff elements, when considering what decisions to make on pending FOIA
actions. Where any responsive records are denied, the IDA tells the
requesters the nature of records or information denied, the FOIA
exemption supporting the denial, the reasons the records were not
released, and gives the requester the appeal procedures. In addition, on
partial releases, IDAs must ensure requesters can see the placement and
general length of redactions with the applicable exemption indicated.
This procedure applies to all media, including electronic records.
Providing placement and general length of redacted information is not
required if doing so would harm an interest protected by a FOIA
exemption. When working FOIA appeal actions for the appellate authority
review:
(1) IDAs grant or recommend continued denial (in full or in part) of
the requester's appeal of the earlier withholding of responsive records,
or adverse determination (for example, IDAs may release some or all of
the previously denied documents).
(2) IDAs reassess a request for expedited processing due to
demonstrated compelling need, overturning or confirming the initial
determination made by the FOIA manager.
(3) When an IDA denies any appellate action sought by a FOIA
requester, the IDA, or MAJCOM FOIA manager (for no record, fee, fee
estimates, or fee category appeals) will indicate in writing that the
issues raised in the FOIA appeal were considered and rejected (in full
or in part). Include this written statement in the file you send to the
Secretary of the Air Force in the course of a FOIA appeal action. Send
all appeal actions through the MAJCOM FOIA office.
(g) OPRs:
(1) Coordinate the release or denial of records requested under the
FOIA with OCRs, FOIA offices, and with Air Force attorneys on proposed
denials.
(2) Provide requested records. Indicate withheld parts of records
annotated with FOIA exemption. Ensure requesters can see the placement
and general length of redactions. This procedure applies to all media,
including

[[Page 10]]

electronic records. Providing placement and general length of redacted
information is not required if doing so would harm an interest protected
by a FOIA exemption.
(3) Provide written recommendations to the disclosure authority to
determine whether or not to release records, and act as declassification
authority when appropriate.
(4) Make frequently requested records (FOIA-processed (a)(2)(D))
available to the public in the FOIA ERR via the Internet. As required by
AFIs 33-129, Transmission of Information Via the Internet, and 35-205,
Air Force Security and Policy Review Program, OPRs request clearance of
these records with the PAO before posting on the WWW, and coordinate
with JA and FOIA office prior to posting. The FOIA manager, in
coordination with the functional OPR or the owner of the records, will
determine qualifying records, after coordination with any interested
OCRs.
(5) Complete the required GILS core record for each FOIA-processed
(a)(2)(D) record.
(6) Manage ERR records posted to the installation public web page by
updating or removing them when no longer needed. Software for tracking
number of hits may assist in this effort.
(h) FOIA managers:
(1) Ensure administrative correctness of all FOIA actions processed.
(2) Control and process FOIA requests.
(3) Obtain recommendations from the OPR for records.
(4) Prepare or coordinate on all proposed replies to the requester.
FOIA managers may sign replies to requesters when disclosure authorities
approve the total release of records. If the MAJCOM part directs the OPR
to prepare the reply, the OPR will coordinate their reply with the FOIA
office.
(5) Make determinations as to whether or not the nature of requests
are simple or complex where multitrack FOIA request processing queues
exist.
(6) Approve or initially deny any requests for expedited processing.
(7) Provide interim responses to requesters, as required.
(8) Provide a reading room for inspecting and copying records.
(9) Provide training.
(10) Review publications for compliance with this part.
(11) Conduct periodic program reviews.
(12) Approve or deny initial fee waiver requests.
(13) Make the initial decision on chargeable fees.
(14) Collect fees.
(15) Send extension notices.
(16) Submit reports.
(17) Sign ``no record'' responses.
(18) Provide the requester the basis for any adverse determination
(i.e., no records, fee denials, fee category determinations, etc.) in
enough detail to permit the requester to make a decision whether or not
to appeal the actions taken, and provide the requester with appeal
procedures.
(i) On appeals, FOIA managers:
(1) Reassess a fee category claim by a requester, overturning or
confirming the initial determination.
(2) Reassess a request for expedited processing due to demonstrated
compelling need, overturning or confirming the initial determination.
(3) Reassess a request for a waiver or reduction of fees,
overturning or confirming the initial determination.
(4) Review a fee estimate, overturning or confirming the initial
determination.
(5) Confirm that no records were located in response to a request.
(j) The base FOIA manager acts as the FOIA focal point for the FOIA
site on the installation web page.
(k) When any appellate action sought by a FOIA requester is denied
by an IDA or FOIA manager for authorized actions, the IDA or FOIA
manager will indicate, in writing, that the issues raised in the FOIA
appeal were considered and rejected (in full or in part). Include this
written statement in the file you send to the Secretary of the Air Force
in the course of a FOIA appeal action. Send all appeal actions through
the MAJCOM FOIA office.



Sec. 806.6 Prompt action on requests.

(a) Examples of letters to FOIA requesters (e.g., response
determinations and interim responses) are included in Sec. 806.27.
(b) Multitrack processing. (1) Examples of letters to FOIA
requesters (e.g.,

[[Page 11]]

letters to individuals who have had their FOIA request placed in the
complex track) are included in Sec. 806.27.
(2) Simple requests can be processed quickly, with limited impact on
the responding units. The request clearly identifies the records with no
(or few) complicating factors involved. There are few or no responsive
records, only one installation is involved, there are no outside OPRs,
no classified or nongovernment records, no deliberative process/
privileged materials are involved, records contain no (or limited)
personal privacy information/did not come from Privacy Act systems of
records concerning other individuals, or time extensions not
anticipated.
(c) Complex requests will take substantial time, will cause
significant impact on responding units. Complications and delays are
likely. Records sought are massive in volume, multiple organizations
must review/coordinate on records, records are classified, records
originated with a nongovernment source, records were part of the Air
Force's decision-making process or are privileged.
(d) Expedited processing. Examples of letters to individuals whose
FOIA requests and/or appeals were not expedited are included in Sec.
806.27.



Sec. 806.7 Use of exemptions.

(a) A listing of some AFIs that provide guidance on special
disclosure procedures for certain types of records is provided in Sec.
806.28. Refer to those instructions for specific disclosure procedures.
Remember, the only reason to deny a request is a FOIA exemption.
(b) Refer requests from foreign government officials that do not
cite the FOIA to your foreign disclosure office and notify the
requester.
(c) If you have a non-U.S. Government record, determine if you need
to consult with the record's originator before releasing it (see Sec.
806.9 and Sec. 806.15(c)). This includes records created by foreign
governments and organizations such as North Atlantic Treaty Organization
(NATO) and North American Aerospace Defense (NORAD). You may need to
coordinate release of foreign government records with either the U.S.
Department of State or with the specific foreign embassy, directly
through the MAJCOM FOIA office. Coordinate release or denial of letters
of offer and acceptance (LOA) with SAF/IA through 11 CS/SCSR (FOIA),
1000 Air Force Pentagon, Washington DC 20330-1000.



Sec. 806.8 Description of requested record.

Air Force elements must make reasonable efforts to find the records
described in FOIA requests. Reasonable efforts means searching all
activities and locations most likely to have the records, and includes
staged or retired records, as well as complete and thorough searches of
relevant electronic records, such as databases, word processing, and
electronic mail files.



Sec. 806.9 Referrals.

(a) Send all referrals through the FOIA office. The receiving FOIA
office must agree to accept the referral before transfer. The FOIA
office will provide the name, phone number, mailing address, and e-mail
address of both the FOIA office point of contact and the record OPR
point of contact in their referral letter. Include the requested record.
If the requested records are massive, then provide a description of
them. Referrals to, or consultations with, DFOISR are accomplished from
the MAJCOM level. Section 806.27 has an example of a referral memo.
(b) In some cases, requested records are available from the GPO and
NTIS, 5285 Port Royal Road, Springfield VA 22161. These organizations
offer certain records for sale to the public. Current standard
releasable Air Force publications are available electronically on the
WWW at http://afpubs.hq.af.mil/. For requesters without electronic
access, NTIS has paper copies for sale. Give requesters the web address
or NTIS address when appropriate. However, if the requester prefers to
pursue the FOIA process, consult with HQ AFCIC/ITC through the MAJCOM.
Refer FOIA requests for Air Force publications that are classified,
FOUO, rescinded, or superseded to the OPR through the appropriate FOIA
office.



Sec. 806.10 Records management.

Keep records that were fully released for 2 years and denied records
for 6

[[Page 12]]

years. Include in the 6-year record file copies of records or parts of
records that were released in response to the same request. Refer to Air
Force Manual (AFMAN) 37-139, Records Disposition Schedule (converting to
AFMAN 33-339, see Sec. 806.9(b)). The functional OPR or FOIA office may
keep the records released or denied. The FOIA office keeps the FOIA case
file for each request. The FOIA case file consists of: the initial
request; tasking to OPRs; OPR's reply; memoranda for record (MFR) of
phone calls or other actions related to the FOIA request; DD Forms 2086,
Record of Freedom of Information (FOI) Processing Cost, or 2086-1,
Record of Freedom of Information (FOI) Processing Cost for Technical
Data; final response; and any of the following, if applicable: extension
letter; legal opinions; submitter notification letters and replies; the
appeal and required attachments (except for the released or denied
records if maintained by the OPR); and all other correspondence to and
from the requester.



Sec. 806.11 FOIA reading rooms.

Each FOIA office will arrange for a reading room where the public
may inspect releasable records. You do not need to co-locate the reading
room with the FOIA office. The FOIA does not require creation of a
reading room dedicated exclusively to this purpose. A ``reading room''
is any location where a requester may review records. For FOIA-processed
(a)(3) records, if requesters meet the criteria for search and review
costs, they must be paid before inspecting records. Assess reproduction
costs at the time of inspection, if appropriate.



Sec. 806.12 Record availability.

(a) HQ AFCIC/ITC will make the traditional FOIA-processed (a)(2)
materials (5 U.S.C. 552(a)(2)(A), (B), and (C)) available to the public.
Each Air Force activity must make 5 U.S.C. 552(a)(2)(D) records (``FOIA-
processed (a)(2)(D) records''--records which they determine will, or
have become, the subject of frequent or subsequent requests) available
to the public in a reading room in hard copy and electronically by
posting it to their appropriate web site. There is no requirement to
make all FOIA-released records available electronically. The FOIA
manager, in coordination with the functional OPR, or the owner of the
records, determines qualifying records, after coordination with any
interested OCRs. As required by AFIs 33-129 and 35-205, OPRs request
clearance of these records with the PAO before posting on the WWW.
(b) Normally, if the FOIA office or OPR receives, or anticipates
receiving, five or more requests for the same record in a quarter, they
will consider it a frequently requested record (FOIA-processed (a)(2)(D)
record) and make it publicly available in hard copy and electronically
as outlined in Sec. 806.12(a). OPRs may elect to make other records
publicly available if they receive, or expect to receive, less than five
requests a quarter. The purpose is to make records available in an ERR
to potential future FOIA requesters instead of waiting to receive a FOIA
request, and reduce the number of multiple FOIA requests for the same
records requiring separate responses. In making these determinations,
recognize there are some situations in which a certain type of record
becomes the subject of simultaneous FOIA requests from all interested
parties and then ceases to be of interest. Activities may typically
receive a ``flurry'' of FOIA requests for contract records immediately
after a contract is awarded, but do not receive any subsequent requests
for such bulky records after that point. In some cases, activities may
decide that placing records in the ERR would not serve the statutory
purpose of ``diverting some potential FOIA requests for previously
released records.'' The following types of records should be considered
for inclusion in the ERR (excluding individuals assigned to overseas,
sensitive, and routinely deployable units): organizational charts and
limited staff directories; lists of personnel reassigned with gaining
base; MAJCOM FOIA supplements; lists of International Merchant Purchase
Authority Card (IMPAC) card holders. Do not post lists of e-mail
addresses.
(c) GILS. Each activity that posts FOIA-processed (a)(2)(D) records
(records which they determine will, or

[[Page 13]]

have become, the subject of frequent or subsequent requests) must create
a GILS record for each FOIA-processed (a)(2)(D) record and post it to
DefenseLINK. The OPR prepares the GILS record. You can complete and
submit a GILS record on-line using a web browser. Instructions for
completing the GILS record, and an on-line form are at http://
www.defenselink.mil/locator/index.html. Follow the steps listed on the
web page. The GILS site on DefenseLINK will serve as the central index
of Air Force FOIA-processed (a)(2)(D) records.
(d) In addition, installations will post a list, or index, of
locally produced FOIA-processed (a)(2)(D) records on their web page at
their FOIA site. Each listing will point or link to the particular
record. In addition, MAJCOMs may choose to post their own index of
MAJCOM specific FOIA-processed (a)(2)(D) records to their appropriate
web site. Installation web pages will include the following phrase (or
similar words) on their FOIA site if they do not have any frequently
requested FOIA records: ``There are no frequently requested FOIA records
to post at this time.'' Include the following statement, or a similar
one, on the installation web page with the records: ``Some records are
released to the public under the FOIA, and may therefore reflect
deletion of some information in accordance with the FOIA's nine
statutory exemptions. A consolidated list of such records is on
DefenseLINK.'' Link the word ``DefenseLINK'' to www.defenselink.mil/
locator/fpr--index.html. Qualifying releasable records with exempt
information redacted must show on the record the amount of information
withheld and the exemption reason (for example, (b)(6)). Activities with
such records should provide the public an index and explanation of the
FOIA exemptions. All installation FOIA pages will include a link to the
Air Force page.
(e) FOIA web pages should be clearly accessed from the main
installation page, either by a direct link to ``FOIA'' or ``Freedom of
Information Act'' from the main page, or found under a logical heading
such as ``Library'' or ``Sites.''

.... to further explore such "Peeping Tom" go to
http://www.gpo.gov/fdsys/pkg/CFR-2005-title32-vol6/html/CFR-2005-title32-vol6.htm

--
President of The United States
Guy Ralph Perea Sr President of The United States
Weatherdata1046am0426 a Discussion Group of
Weatherdata<http://groups.google.com/group/weatherdata1046am0426>
USFMSC
http://www.cityfreq.com/ca/avalon/>
QUALIFY QICP
OCCUPS
http://www.occupationalinfo.org/02/025062010.html
goldlandabstracts; link check
own search engine - The United
States International Policies
http://lnk.ms/8d5gl aol
http://groups.google.com/group/united-states-of-american
http://twitter.com/ptusss Federal Communication
Commission<http://columbiabroadcast.spaces.live.com/>

Ambassador Chevy Chase; Kevin Corcran; Jack Nickolas; Cher; Shirley Temple
Black; Liza Minnille; Ansari; Ernest Tascoe; Food, Drug and Cosmetic Act
Agent Jodie Foster; Department of Veterans Affairs Director George H.W. Bush
Title 22 USCS section 1928 (b) The e-mail
transmission may contain legally privileged information that
is intended only for the individual or entity recipient, you are hereby,
notified that any disclosure, copying, distribution, or reliance upon the
contents of this E-mail is strictly prohibited. If you have received this
E-mail transmission in error, please reply to the sender, so arrangements
can be made for proper delivery. Title 42
USCS section 192 etseq Margie Paxton Chief of Childrens Bureau
Director of The United States Department of Human Services; Defendant
Article IV General Provisions Section 2
(Supreme Law of The Land) The Constitution of The United States "Any thing
in The Constitution or Laws of any State to the Contrary Notwithstanding"
Contrary to Law (of an act or omission) illegal;
https://twitter.com/ptusss