Fwd: FOIL Request No. 2021-085728 (Larson) - DFS Tech Sprint

[Gunnar Larson]

Dear Carmen and Pascale:

xNY.io - Bank.org today elects to re-visit FOIL Request No. 2021-085728.

Specific to NY-DFS asking xNY.io - Bank.org for certification, "With
respect to your request for a list of names of Techsprint registrants,
pursuant to Public Officers Law § 89(2)(b)(iii), an unwarranted invasion of
personal privacy includes, but is not limited to the “sale or release of
lists of names and addresses..."

xNY.io - Bank.org can confirm we will not release the information publicly.

Would NY-DFS kindly be able to fulfill this request?

Have a great day.

Thank you,

Gunnar
--
Gunnar Larson

xNY.io | Bank.org

MSc - Digital Currency
MBA - Entrepreneurship and Innovation (ip)

G at xNY.io

+1-917-580-8053

New York, New York 10001




---------- Forwarded message ---------
From: JeanBaptiste, Pascale (DFS) <Pascale.JeanBaptiste at dfs.ny.gov>
Date: Fri, Jun 4, 2021, 1:31 PM
Subject: FOIL Request No. 2021-085728 (Larson)
To: G at xNY.io <G at xny.io>
Cc: Garrett, Carmen (DFS) <Carmen.Garrett at dfs.ny.gov>


Dear Mr. Larson:



              Please see the attached determination in response to your
FOIL request.  Thank you.

 ANDREW M. CUOMO

Governor

LINDA A. LACEWELL

Superintendent

One State Street New York, NY 10004 │ www.dfs.ny.gov

VIA EMAIL

(G at xNY.io)

June 4, 2021

Mr. Gunnar Larson

xNY.io - CryptoBank

New York, New York 10001

Re: Your Freedom of Information Law (“FOIL”) Tracking No. 2021-085728

Dear Mr. Larson:

I write in response to a FOIL request that you submitted to the New York
State

Department of Financial Services (“Department”) on March 3, 2021, which has
been assigned

the above-referenced tracking number and seeks the “DFS' approval roster
(complete approved

registration list) with corresponding business affiliation” for registrants
of the DFS Techsprint.

Specifically, your FOIL request reads as follows:

“Good day: Per the e-mail correspondence below concerning the DFS Tech
Sprint

Innovational, this request is to define and keep the public informed of
DFS'

approval roster (complete approved registration list) with corresponding
business

affiliation on the basis of New York's Freedom of Information Law (FOIL)
One of

the tools available to the public to attain this type of information is
access to records

concerning any participants role in computer crimes actively engaged at the
will of

xNY.io's Tech Sprint denial. As the Sprint is now ongoing with DFS'
approved

participants. the member roster report and affiliation statistics stand
already

available. Can you kindly advise if this FOIL records request can be
complete this

week? Thank you. -- Gunnar Larson - www.xNY.io MSc - Digital Currency MBA

- Entrepreneurship and Innovation (ip) G at xNY.io+1-646-454-9107New York,

New York 10001 ---------- Forwarded message --------- From: dfs.sm.DfsNext

Date: Mon, Feb 22, 2021 at 3:56 PM Subject: Update on DFS Techsprint To:

dfs.sm.DfsNext Hello, Thank you for your interest in the Techsprint.

Unfortunately, at this time, we are not able to extend you an invitation to
participate.

Thank you again for applying. Best,DFS Next DFSNext New York State

I. Business Affiliations of Techsprint Registrants

The Department is withholding the business affiliations of Techsprint
registrants pursuant

to Public Officers Law § 87(2)(b), which provides an exemption from
disclosure for records or

portions thereof that, “if disclosed, would constitute an unwarranted
invasion of personal privacy

under the provisions of subdivision two of section eighty-nine of this
article.” Public Officers

Law § 89(2) provides a non-exhaustive list of the types of information
that, if disclosed, would

constitute an unwarranted invasion of personal privacy, which includes
employment history. See

Public Officers Law § 89(2)(b)(i). In our view, because employment history
is specifically

protected, the release of business affiliations of Techsprint registrants
would constitute an

unwarranted invasion of personal privacy under Public Officers Law §
87(2)(b). Accordingly,

the portion of your request that seeks the business affiliations of
Techsprint registrants is denied.

Pursuant to N.Y. Public Officers Law § 89(4), you may appeal the
Department’s

determination to withhold records within 30 days by sending an email to D.
Monica Marsh,

Principal Attorney, New York State Department of Financial Services at

FOIL.Appeals at dfs.ny.gov.

II. List of Names of Techsprint Registrants

With respect to your request for a list of names of Techsprint registrants,
pursuant to

Public Officers Law § 89(2)(b)(iii), an unwarranted invasion of personal
privacy includes, but is

not limited to the “sale or release of lists of names and addresses if such
lists would be used for

solicitation or fund-raising purposes.” Please provide your certification
that you will not use the

requested information for solicitation or fundraising purposes by June 11,
2021. If the

Department does not receive your certification by that date, we will deem
this portion of your

FOIL request withdrawn.

Very truly yours,

Pascale Jean-Baptiste

Acting FOIL Officer

Office of General Counsel
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: text/html
Size: 8567 bytes
Desc: not available
URL: <https://lists.cpunks.org/pipermail/cypherpunks/attachments/20240418/528208d7/attachment.txt>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Determination Letter FOIL No. 2021-085728 - Final.pdf
Type: application/pdf
Size: 242051 bytes
Desc: not available
URL: <https://lists.cpunks.org/pipermail/cypherpunks/attachments/20240418/528208d7/attachment-0001.pdf>