Document text
U.S. Department of Justice
Federal Bureau of Investigation
Washington, D.C. 20535
January 6, 2017
THE ASSOCIATED PRESS
450 WEST 33RD STREET
NEW YORK, NY 10001
FOIPA Request No.: 1349800-0
Case No.: 16- cv-01850
Subject: OUTSIDE PARTY CONTRACT/ FEES FOR
OPENING SYED FAROOK IPHONE
Dear Eric Tucker:
The enclosed documents were reviewed under the Freedom of Information Act (FOI A), Title 5, United States
Code, Section 552. Deletions have been made to protect information which is exempt from disclosure, with the
appropriate exemptions noted on the page next to the excision. In addition, a deleted page information sheet was
inserted in the file to indicate where pages were withheld entirely. The exemptions used to withhold information are
marked below and explained on the enclosed Explanation of Exemptions:
Section 552 Section 552a
(b)(1)
(b)(7)(A)
(d)(5)
(b)(2)
(b)(7)(B)
(j)(2)
(b)(3)
(b)(7)(C)
(k)(1)
50 U.S.C, Section 3024 (i) (1)
(b)(7)(D)
(k)(2)
(b)(7)(E)
(k)(3)
(b)(7)(F)
(k)(4)
(b)(4)
(b)(8)
(k)(5)
(b)(5)
(b)(9)
(k)(6)
(b)(6)
(k)(7)
123 pages were reviewed and 100 pages are being released.
Document(s) were located which originated with, or contained information concerning, other Government
Agency (ies) [OGA].
This information has been referred to the OGA(s) for review and direct response to you.
We are consulting with another agency. The FBI will correspond with you regarding this information
when the consultation is completed.
In accordance with standard FBI practice and pursuant to FOIA exemption (b)(7)(E) and Privacy Act
exemption (j)(2) [5 U.S.C. § 552/552a (b)(7)(E)/(j)(2)], this response neither confirms nor denies the existence
of your subject's name on any watch lists.
For your information, Congress excluded three discrete categories of law enforcement and national security
records from the requirements of the FOIA. See 5 U.S. C. § 552(c) (2006 & Supp. IV (2010). This response is
limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given
to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. Enclosed for
your information is a copy of the Explanation of Exemptions.
For questions regarding our determinations, visit the www.fbi.gov/foia website under “Contact Us.”
The FOIPA Request Number listed above has been assigned to your request. Please use this number in all
correspondence concerning your request. Your patience is appreciated.
Although your request is in litigation, we are required by 5 USC § 552 (a)(6)(A) to provide you the following
information concerning your right to appeal. You may file an appeal by writing to the Director, Office of Information
Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C.
20530-0001, or you may submit an appeal through OIP's FOIAonline portal by creating an account on the following web
site: https://foiaonline.regulations.gov/foia/action/public/home . Your appeal must be postmarked or electronically
transmitted within ninety (90) days from the date of this letter in order to be considered timely. If you submit your
appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Please cite the FOIPA Request Number assigned to your request so that it may be easily identified.
The enclosed material is from the main investigative file(s) in which the subject(s) of your request was the
focus of the investigation. Our search located additional references, in files relating to other individuals, or matters,
which may or may not be about your subject(s). Our experience has shown when ident, references usually contain
information similar to the information processed in the main file(s). Because of our significant backlog, we have
given priority to processing only the main investigative file(s). If you want the references, you must submit a
separate request for them in writing, and they will be reviewed at a later date, as time and resources permit.
See additional information which follows.
Sincerely,
David M. Hardy
Section Chief
Record/Information
Dissemination Section
Records Management Division
Enclosure(s)
The enclosed documents represent the final release of information responsive to your Freedom of Information
Acts (FOIA) request.
This material is being provided to you at no charge.
EXPLANATION OF EXEMPTIONS
SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552
(b)(1) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy
and (B) are in fact properly classified to such Executive order;
(b)(2) related solely to the internal personnel rules and practices of an agency;
(b)(3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters
be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to
particular types of matters to be withheld;
(b)(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;
(b)(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the
agency;
(b)(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(b)(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or
information ( A ) could reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person of a right to a fair trial
or an impartial adjudication, ( C ) could reasonably be expected to constitute an unwarranted invasion of personal privacy, ( D ) could
reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or authority or any private
institution which furnished information on a confidential basis, and, in the case of record or information compiled by a criminal law
enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence
investigation, information furnished by a confidential source, ( E ) would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could
reasonably be expected to risk circumvention of the law, or ( F ) could reasonably be expected to endanger the life or physic al safety of any
individual;
(b)(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the
regulation or supervision of financial institutions; or
(b)(9) geological and geophysical information and data, including maps, concerning wells.
SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a
(d)(5) information compiled in reasonable anticipation of a civil action proceeding;
(j)(2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or
apprehend criminals;
(k)(1) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy,
for example, information involving intelligence sources or methods;
(k)(2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege
under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held
in confidence;
(k)(3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to
the authority of Title 18, United States Code, Section 3056;
(k)(4) required by statute to be maintained and used solely as statistical records;
(k)(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment
or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a
promise that his/her identity would be held in confidence;
(k)(6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Governmen t service he
release of which would compromise the testing or examination process;
(k)(7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person
who furnished the material pursuant to a promise that his/her identity would be held in confidence.
FBI/DOJ