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249 points

they are on a format that NSA no longer has the ability to view or digitize,” the NSA FOIA office said in a follow-up. “Without being able to view the tapes, NSA has no way to verify their responsiveness. NSA is not required to find or obtain new technology (outdated or current) in order to process a request.”

In short, “we don’t want to”.

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62 points

Which also gives them another idea on how to deny FOIA request?

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49 points

The hard drive with the information is on a very high shelf and you cannot force us to buy a ladder.

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13 points

Also, it is a proprietary ladder that match our shelving system, and they don’t make it anymore.

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19 points

In that case cant we request the raw data in another format? I dont care about the end result if i can make em run trough hoops to comply

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7 points
*

Tapes

Raw data

How, without the right kind of reader

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6 points
*

Ah no, they can’t give it out because they aren’t able to ensure that there’s no sensible data on it.

Btw, how about donating them a tape-to-usb converter? Can they refuse it? With some “we can’t ensure integrity and security of the device” mumbo jumbo?

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25 points

It is true that they could resurrect the tapes if they had a compelling reason to do so. Denying the request indicates that they don’t believe the reason to be sufficiently compelling to warrant the extra expenditure of resources. That is subtley different from “we don’t want to”, which implies a level of capriciousness.

Government departments get FOI requests all the time and they take resources to fulfill. FOI is not intended as a way to have taxpayers fund people’s pet projects. That’s why FOI law doesn’t require your government to spend (even more) money to acquire technology they don’t have or need for anything other than the FOI request itself. Rather, something that requires that kind of extra effort and expenditure should be submitted as a research request, normally with its own funding.

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4 points

The NSA mission is to spy on people and help American corporations create a worldwide hegemony, they ain’t got no time to be wasting on pet projects for total losers.

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3 points

“Jesus H. Christ, how is this gonna help us against the Russkies, Larry? I ain’t spendin’ one red cent on this ancient history nerd bullshit. We got commies to catch! Or, uh, whatever the Russkies are nowadays. Throw that FOI shit in the fuckit bucket, goddammit.”

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2 points

Makes sense, thanks!

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12 points

So it was on betamax?

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1 point

Betacam?

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5 points

Wait, so the NSA could put everything on an external HD with a proprietary cable that destroys itself after being used.

Then, they have a way to produce it as needed, but because they are not required to obtain it they can now refuse it.

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2 points

… like a prophet that has genuinely seen inevitable future !!

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3 points

Insane. This is a violation of our rights.

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