December 2, 2012
NORAD is a bi national Command it isn't subject to any laws in the US or Canada nor is it applicable to the US Freedom of Information Act nor the Canadian Access to Information and Privacy act.
There is a binational Instruction 35-130 which states it will follow the US FOIA in letter and spirit. I have been trying for over 2 years now to obtain various types of information from NORAD via USNORTHCOM. Most of the information is with NJ-3 NORAD's Operation Directorate, this is on the Canadian side of the house and J33 is responsible for the tracking reports. It has now come to the point where any requests from me in regards to Unknown Tracks will not be processed by USNORTHCOM, even though previous requests were processed and USNORTHCOM requested NORAD to process the request, even though they do not have to according to NORTHCOM. It seems Unknown Tracks are classified SECRET and the reason why they are classified NORAD will not give that information. I asked for the track information to be in a format which is the same as known objects such as Russia Bombers attempting to enter the ADIZ (Air Defense Identification Zone), they (USNORTHCOM/NORAD) refused even to process it and automatically close the request. It seems any thing unknown flying around is a threat to national security, which contradicts the DOD, USAF and the Canadian Department of National Defense.
Finally I was "strongly" advised to find another way to access NORAD's database systems by the appeals authority of the DOD Office of the Secretary of Defence (FOIA), since they cannot force NORAD to do anything.
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