FOIA - FTC APPLE COMPLAINTS 2001-2015

OPEN SCREEN FOUNDATION APPLE TRUTH PROJECT 3966 W. 6TH STREET, SUITE 150 LOS ANGELES, CA 90020-4210 OPENSCREEN.ORG APPLETRUTH.COM STEPHANE BELADACI, EXEC. EDITOR STEPHANE@APPLETRUTH.COM

+1 (415) 562-7210

FREEDOM OF INFORMATION ACT. FEDERAL TRADE COMMISSION OFFICE OF GENERAL COUNSEL 600 PENNSYLVANIA AVENUE WASHINGTON, DC 20580

SARAH MATHIAS ASSOCIATE GENERAL COUNSEL

 

FEE BENEFIT REQUESTED FEE WAIVER REQUESTED

June 19, 2015

Dear FOIA Officer: Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552, I request access to and copies of the following records: Any and all complaints filed with the FTC concerning Apple Inc. (formerly Apple Computer Inc.), located at 1 Infinite Loop, Cupertino, California, in the years 2001-2015, inclusive. I would like to receive the materials in electronic format, by e-mail attachment if available, or CD-ROM if not.

As a representative of the news media, I am only required to pay for the direct cost of duplication after the first 100 pages. Through this request, I am gathering information regarding the impact of Apple’s practices and policies on consumer rights, freedom of choice, freedom of expression, fair competition, free enterprise, and their influence on the openness of the open web, mobile, digital media, and digital entertainment marketplaces.

The request is of current interest to the public due to a recent series of antitrust litigations of exceptional nature including the Electronic Books Antitrust Litigation, the High-Tech Employee Antitrust Litigation, the Apple-iPod-iTunes-Antitrust-Litigation, and the derivative case Key v. Apple Inc. et al brought by Apple’s shareholders, as those

cases might significantly impact the context, scope and, therefore, the due process and outcome of possibly many complaints filled with the FTC prior to the above mentioned cases; should the facts, abuses, practices, conspiracies, and patterns of conduct, exposed during the proceedings in those cases, been known to consumers, competitors and the FTC at the time the complaints were filled.

This information is being sought on behalf of the Open Screen Foundation (nonprofit software foundation, peer advocacy group, and technology watchdog), for dissemination to the general public, free of charge, as part of the publication of an investigative report on July 2015 for the launch of AppleTruth.com, a new citizen journalism website.

Please waive any applicable fees. The release of the information is in the public interest because it will contribute significantly to public understanding of the FTC regulatory operations, activities and ability to efficiently reinforce consumer rights, fair competition and antitrust laws. The requested materials are also likely to increase public trust in the FTC ability to proactively defend consumers interests against newly discovered abuses and illegal, yet unspoken practices.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I also reserve the right to appeal your decision to withhold any information or to deny a waiver of fees.

As I am making this request as a journalist and this information is of timely value, I would appreciate your communicating with me by telephone, rather than by mail, if you have questions regarding this request.

I look forward to your reply within 20 business days, as the statute requires.

Thank you for your assistance.

Sincerely,

Stephane Beladaci