(addressing FOIA request for information compelled by the government, but noting Critical Mass test for information voluntarily provided); Cozen O’Connor v. U.S. Dep’t of Treasury, 570 F.Supp.2d 749, 777 (E.D. Pa. 2008) (“For purposes of Exemption 4, the test of confidentiality differs depending upon whether the information was required by, or was voluntarily provided to, the agency.” (citing Critical Mass)); Sun-Sentinel Co. v. U.S. Dep’t of Homeland Sec., 431 F.Supp.2d 1258, 1275 (S.D. Fla. 2006), aff'd sub nom. News-Press v. U.S. Dep’t of Homeland Sec., 489 F.3d 1173 (11th Cir. 2007) (noting that both parties agree that Critical Mass would apply if the information was voluntarily provided to the government); McDonnell Douglas Corp. v. U.S. EEOC, 922 F.Supp. 235, 242 (E.D. Mo. 1996) (<HOLDING>); Providence Journal Co. v. Convention Ctr.
holding that a defendants right to an independent blood alcohol test means the right to a test that is not subject to government manipulation holding that although wade hearing may be constitutionally mandated under certain circumstances it is not mandated in all cases holding that the right of access to government information or sources of information within the governments control is not mandated by the first or fourteenth amendments holding that mmpia was not engaged in trade or commerce because of its character as a statutorily mandated nonprofit association that was motivated by legislative mandate not business or personal reasons citing barrett v mass insurers insolvency fund 412 mass 774 592 ne2d 1317 1319 1992  holding that information was voluntarily provided to the government which mandated the critical mass test