SECURITIES AND EXCHANGE COMM! Stop 9612 March 3, 2011 Kevin D. Evans, Esq Stoese, Evans, Frankel PC. 6400 S. Fiddlers Green Circle Suite 1820 Denver, CO 80111 Re; Appeal, Freedom of Information Act (FOIA) Request No. 2011-2077 Deer Mr. Evans: {am responding to your Janvary 20, 2011 Freedom of Information Act appeal ofthe Aetermination by the FOLA/Privacy Act Office, Securities and Exchange Commission, regarding your request for records related to accessing or attempts to access pornographic websites through ‘Commission computers as reflected in various reports ofthe Office of the Inspector General. On January 20, 2011, the FOIA Officer asserted Exemptions 6 and 7(C), 5 U.S.C. $52(6)(6) and (7XC),t0 withhold information related to item 1 (names of contractors whose employees made such attempts) and item 2 (office locations where such attempts were made). The FOIA Officer further advised you that no records responsive to item 3 (time spent in making such attempts) had ‘been identified or located, Ihave considered your appeal, and itis denied in pat. ‘Lam enclosing information responsive to items 1 and 2of your request as privacy imerests are not implicated since you do not seek any association between an individual’s name and either the office or contractor atthe time of the incident However, 1am affirming the FOIA Officer's decison with respect to item 3 of your request; as confirmed with the Office ofthe Inspector General, no responsive documents were created, Under FOIA, an agency is only required to provide access to records it, in fact, hold. See, e., Schoonman v. FBI, 573 F. Supp.24 119, 140 (D.D.C. 2008) (POIA “does not obligate ‘agencies to create or retain documents; it only obligates them to provide access to those which it in fact has created oF retained. ‘You have the right to eck util review of my determination by filing a complaint in ‘he United Sats Diset Court forthe Disct of Columbia or inthe district where you reside or have your principal place of busines. See 5 U.S.C. $52(2(4)(B). Voluntary meiaton services {trough the Office of Goverament Information Services (OGIS) are also available. For more information, please contact OGIS at ww archives gov/oys, os @nara go, of 1-877-684-6448,Kevin D. Evans, Esq March 3, 2011 Page 2 Ifyou have any questions conceming my determination, please call Celia Jacoby, Senior ‘Counsel, at 202-551-5158, For the Commision ty dled antorn, Uwe Richard M, Humes ‘Associate General CounselFOIA Request No. 2011-2077 [Names of ecntractors whose employees were counseled or discipined for accessing pornography sites: Labst-Anderson, Inc; CACI Intemational, Ine; Garda Security Ine; Keane Federal, Ine; and ISN Corporation Office locations where Commission employees were counseled or disciplined for accessing pornography sites: Atlanta, Boston, Chicago, Denver, Fort Worth, Los Angeles and Washington, De.