bert1047 said:
What is the name of your state? New York. I am being harrased through my Nextel phone by someone who knows my private(two way) number. Their # shows up. Nextel said that I need to get a subpeona to find out who the # belongs to. What about Freedom of Information Act??
My response:
The F.O.I.A. is for use to obtain information from governmental entities - - Nextel is not a governmental entity. Nextel is a corporation doing business in New York, and other parts of the country. The Freedom of Information Act ("FOIA") was enacted to ensure public access to official government agency information (documents). [5 USCA § 552 et seq.; EPA v. Mink (1973) 410 U.S. 73, 79, 93 S.Ct. 827, 832]
The Act applies to all agencies of the executive branch and all independent regulatory agencies; e.g., SEC, FTC, ICa Civil and FCC. [5 USCA § 552(f)]
If you want redress against your "stalker", you're going to need to sue that person, and during the litigation process, subpoena the Nextel records. Of course, Nextel may have a defense to such a subpoena and the release of it's records; so, a subpoena may not turn out to be the panacea that you're hoping for.
Good luck.
IAAL
