From: Wayne Harris (papercu@hotmail.com)
Date: Wed May 25 2005 - 05:58:05 PDT
I think that is what the Rosenbergs did and they were executed by hanging!
Legally you should need permission for that. Someone posted a name on the
list awhile back that could do that and I believed the office for Army
documents is in Battle Creek, Michigan
If the document is listed as "Restricted," then you may be able to use
either an MDR (Mandatory Declassification Review) or a FOIA (Freedom of
Information Act) request, depending upon the age and subject matter (because
the government has over the years used two very different classifications,
but unfortunately both were called "Restricted").
Why MDR?
Under Section 3.5 of Executive Order 12392, the most recent Executive Order
on National Security Information, signed by President Bush, you may ask the
agency to review the specified documents for declassification under MDR.
They are required to review the document for declassification and release if
they have not reviewed it within the last two years.
An MDR is better than a FOIA for requesting classified documents for two
reasons. First, it obliges the agency to actually review the document for
possible declassification rather than simply saying that the document is
classified. Second, while a FOIA allows one administrative appeal, and if
that fails, a federal lawsuit, an MDR permits two administrative appeals:
one to the agency and if that fails, one to an outside review panel called
ISCAP: Interagency Security Classification Appeals Panel. (ISCAP is located
at the National Archives in Washington, DC and is administered by the
Information Security Oversight Office - ISOO.)
Furthermore, if the agency does not respond to the MDR within one calendar
year, you may appeal the non-response directly to ISCAP.
The ISCAP is more likely to overturn a bad classification decision than is a
federal court because the federal courts usually defer to the agency
decision-making on national security classification issues. In contrast,
ISCAP has reversed many agency classification decisions. Additionally,
appealing to ISCAP is easier and cheaper than a federal lawsuit.
To appeal an MDR decision, write to the agency's appeals authority (they
should provide this information) and explain that you believe the decision
to maintain the document as classified is incorrect because of its age and
subject matter. To appeal to ISCAP, write to ISCAP and explain similarly.
Myself, depending on the TM you want to put on ebay would just go for it.
Someone else could have already done the declassification work but you would
have no way of knowing about it.
Hopes this helps and let us know the outcome, Wayne
>From: "Bjorn Brandstedt" <super_deuce@hotmail.com>
>To: "Military Vehicles Mailing List" <mil-veh@mil-veh.org>
>Subject: [MV] Selling limited distr TM's on ebay?
>Date: Wed, 25 May 2005 07:44:05 -0400
>
>Esteemed listers, what is the deal on selling military TM's on ebay, marked
>for limited distribution?
>I have a few I'd like to auction out.
>TIA for any further info.
>
>Bjorn
>MVPA19212
>Meadows of Dan, Virginia
This archive was generated by hypermail 2.1.4 : Fri Oct 28 2005 - 22:42:55 PDT