From: Freeman, Robert (DOS)
Sent: Friday, August 05, 2011 3:46 PM
Subject: list of names and addresses
Please note that the law has changed since the preparation of that opinion, minimally with respect to
the issue, and that the changes essentially confirm the advice offered in the opinion.
In brief, first, rather than referring to a list of names and addresses that would be used for
"commercial" or fund-raising purposes [§89(2)(b)(iii)], as amended, "commercial" has been replaced
with "solicitation." Second, among a series of amendments to §89(3)(a) is the following sentence:
"An agency may require a person requesting lists of names and addresses to provide a written
certification that such person will not use such lists of names and addresses for solicitation or
fund-raising purposes and will not sell, give or otherwise make available such lists of names
and addresses to any other person for purpose of allowing that person to use such lists of
names and addresses for solicitation or fund-raising purposes."
I hope that I have been of assistance.
Robert J. Freeman
Committee on Open Government
Department of State
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231