I woke this morning to a frantic email from someone who’s contributed some information as a self-appointed member of my DDoS-FOIA Marvels (and people of other appellations).
1. My secret group. Sooooo secret even I don’t know about it.
In her/his email this person said that UIUC-FOIA had sent a long legalese-filled document telling this person that he/she was a “recurrent-requester” because she/he was somehow in my secret “group” because he/she:
- saw my site;
- saw my appeal to people to file FOIAs; and,
- filed FOIA.
Apparently UIUC-FOIA went on to tell this person that, since she/he was in my secret group, he/she would be subjected to the same endless delay tactics that UIUC-FOIA applies to me.
UIUC-FOIA also informed this contributor that not only was she/he going to be put in this category, so too were all the other people UIUC-FOIA had taken it upon itself to label as members of my group. I’m not sure how they decided who was in and who was out — as I’ve said, I would myself never join a group that would have me as a member.
But we can no doubt trust UIUC-FOIA to know such things; maybe they put the money they save by not buying a timestamp into such detective work. Not that they can search a computer system of course …
2. What UIUC-FOIA’s done isn’t remotely amusing or acceptable.
I’d like to say I find this funny, just another example of UIUC-FOIAs audience-pleasing hyjinks, you know like not being able to find documents they’re by law supposed to preserve, or rejecting any and all FOIAs as “unduly burdensome,” etc. etc. etc.1 What the Illinois Attorney General’s office has explicitly labelled “illegal behavior.”
But this isn’t funny, because my DDoS-FOIA connection who wrote was truly terrified about what UIUC-FOIA had sent. I’ve not seen the specific document, but this person seems to have taken it as a personal threat. Or at the very least an attempt to pierce the anonymity that’s a fundamental right of Illinois FOIA law.
So it’s hard not to think that what UIUC-FOIA is trying to accomplish is to find yet another way to act squarely against the explicit intent of the Illinois FOIA law — that intent of course being to provide a framework for citizens to have straightforward access to public information.
3. What UIUC-FOIA’s done is also patently illegal — see the Illinois Attorney General’s binding opinion PAC 12–001 (1/9/12).
Now I suppose you could argue that what UIUC-FOIA’s done is a result of there being unsettled aspects of FOIA law that they’re using to support their actions.
Yeah, well. Here’s a bit of text from a binding opinion issued on January 9, 2012, by the Illinois Attorney General’s Public Access Counselor (“PAC”):2
As you see, even when 1) a married couple 2) living in the same house filed FOIA requests in 3) the same envelope, the AG’s office definitively stated that the requests could NOT be aggregated.
And that was in 2012. You’d have thought that, after being good law for 3 years,3 the UIUC-FOIA office might just possibly have been aware of this case, and therefore would not have made what certainly appears to be an illegal and harassing attempt to badger FOIA filers.
4. Meet Laura Clower and what appears to be a full-blown case of “Clower-power.”
Now obviously I can’t speak for the UIUC-FOIA office, for their reading abilities or the regularity of their consumption of the written word. And I would never think to make a claim to such knowledge!
But. I do know that the actions that my DDoS-FOIA person’s reported seem to uncannily parallel experiences I’ve had previously with the UIUC-FOIA office in the form of Ms. Laura Clower.
Ms. Clower is Senior Associate University Counsel at UIUC.4 She’s a former litigator, and, in action, displays what seems to me to be the incredibly bombastic behavior that most if not all litigators exhibit.
In litigation this isn’t a bad thing — hyperbolic claims punctuated by unpleasant prose drives people to settle, and settlement is a lot cheaper and more efficient than years in court. I never wanted to be a litigator because of these seeming requirements for the job, but I respect those who litigate, Laura Clower among them.
The problem is that it seems to me that Ms. Clower is exhibiting this same standard behavior in her UIUC position in association with the FOIA office. And FOIA disclosures aren’t supposed to be adversarial – the goal of a FOIA office is (presumably) to do their best to disclose information, not to prevent its disclosure.
From my experiences with Ms. Clower — and there are many of them — I think she’s conscientious and hard-working … and still very much in the mindset that information wants to be imprisoned behind high walls rather than free.
5. Advice to DDoS-FOIA filers, wherever you are.
I’ll have much more to say about Ms. Clower in later posts. For now let’s say that UIUC-FOIA’s latest action may well be attributable to her, but that the real focus needs to be on the appropriate response, not who’s behind things.
For all you present DDoS-FOIA contributors or non-contributors, I’d suggest you write back to UIUC-FOIA if they send you an email like the one my correspondent described. I’d suggest you write back and point out the facts of PAC 12–001.
I’d suggest you point out in no uncertain terms that we certainly can’t be co-conspirators if a married couple living together and mailing FOIAs in a single envelope aren’t co-conspirators.
You might want to rant and rave about how what UIUC-FOIA’s doing is to try to suppress FOIA filings and scare FOIA filers. You might remind them that the AG’s office has already labeled their actions “illegal.”
You can do all of these things. Or none of them. We’re not a group, we’re not an organization. You’re all individuals, as am I.
Sort of the anti-Alice’s Restaurant Massacree Movement. If you know the reference …
The marquee image is “Martyrs suspended by one or both feet, by the arms with heavy weights attached to the feet; crucified; Christian women hung up by the hair,” and is available at Christian Martyrs.
I note I have mixed feelings about using this image. Obviously I’m being inflammatory; that said, I don’t think there’s anything funny about torture. Not new torture, not torture that occurred 2,000 years ago.
I guess I also don’t find anything funny about persecuting people for their beliefs or for asking questions. Which is why this image seemed so apt for this post.