Contracts and interested vendors for DHS Solicitation Number 271630

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Contracts, memoranda, and correspondence relating to, and the list of vendors who submitted documents in response to, the Department of Homeland Security's Solicitation Number 271630 for an "Integrated Telecommunications Intercept System." This request was made on behalf of the United States Secret Service on May 12, 2011. (https://www.fbo.gov/?s=opportunity&mode=form&id=69dfadb4187e0e99b61a3aa9f06d69d4&tab=core&_cview=0)

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Heather Akers-Healy

This is an appeal and further clarification regarding this agency's recent determination to deny my request to be considered a representative of the news media for FOIA fee categorization.

First, I ask that my request continue to be processed pending review of my appeal. I agree to pay up to $100 in fees if my appeal is denied, and do not wish to further delay this request pending appeal. If further clarification is needed, please let me know and I am happy to provide
it.

Secondly, I would like to appeal your determination that I am an "commercial" requester for fees purposes. I request that you please re-classify me as a media requester.

To address the standards for media requesters more fully:

1) Requester must be a person or entity that gathers information of
potential interest (news) to a segment of the public. The FOIA defines
'news' as information that is about current events or that would be of
current interest to the public.

Both MuckRock as an organization and I as an individual, gather and report news of great interest to the general public.

MuckRock requests and editorial pieces are regularly re-reported by local, national, and international news organizations, and have sparked congressional questioning, administrative reforms, and broader understanding.

For example, a MuckRock request and reporting on the TOR network:

https://www.muckrock.com/foi/united-states-of-america-10/silk-road-anonymous-marketplace-doj-801/
https://www.muckrock.com/news/archives/2012/jun/08/hunting-child-porn-fbi-stymied-tor-undernet/

Which in turn has been cited in numerous other reports:
http://arstechnica.com/tech-policy/2012/06/fbi-halted-one-child-porn-inquiry-because-tor-got-in-the-way/
http://freebeacon.com/anonymous-jihad/

The Boston Phoenix provided an in-depth profile of our editorial operations:

http://thephoenix.com/boston/news/111660-muckrock-city/

While noted media commentator Dan Kennedy said MuckRock was a "first amendment hero in the making":

http://dankennedy.net/2010/11/18/a-first-amendment-hero-in-the-making/

An incomplete list of other outlets re-reporting news broken by MuckRock can be found here:

https://pinboard.in/u:morisy/t:muckrock_press/

My own individual requests are part of this editorial process, and already released documents have been analyzed and reported on at various media outlets:

Muckrock: https://www.muckrock.com/news/archives/2013/sep/17/nsas-contract-vupen-darth-vader-cybersecurity/

Gawker: http://gawker.com/nsa-paid-french-hackers-for-software-exploits-1341604032

The Register: http://www.theregister.co.uk/2013/09/17/nsa_vupen/

Information Week: http://www.informationweek.com/security/government/nsa-contracted-with-zero-day-vendor-vupe/240161389

Computing: http://www.computing.co.uk/ctg/news/2295155/nsa-bought-zero-day-vulnerabilities-from-security-company-vupen

2) Requester must use its editorial skills to turn the raw materials into a distinct work.

Unlike some FOIA repository sites, MuckRock also publishes a large amount of original editorial material based on the documents requested by its community. This editorial analysis and commentary is primarily published on its own site:

https://www.muckrock.com/news/archives/

But occasionally syndicated or appearing in other publications under agreement, such as this investigative front-page story in the Boston Globe:

http://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

The editorial capacity includes, but is not limited to, original analysis, original interviews, synthesis of materials, and added context around the documents. MuckRock's team consists of journalists with experience at a number of other more traditional news outlets including the Boston Phoenix, the Weekly Dig, the New York Daily News, the Boston Globe, and numerous other local, regional, and national publications, and they bring this experience and expertise to bear in analyzing and reporting on requested documents.

3) Requester must distribute that work to an audience.

MuckRock has over 1,000 active members and tens of thousands of readers, constituting a large and, as cited above, obviously influential audience of educated news consumers, so that news reported on the site spreads far beyond its direct readership. For further reference, I again point
this office to:

https://pinboard.in/u:morisy/t:muckrock_press/

Thank you for your consideration and prompt response to this request, and please do not hesitate to follow up with any further clarifications or questions.

Sincerely,

Heather Akers-Healy

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

Thank you for the update on my request number 20140076. I'm writing to follow up on a voicemail I just left with your office regarding a question about the status. In July of 2014, I received an update saying that responsive documents had been received and were being processed for release. Your latest update indicates that the search is just now being conducted. This seems to be a contradiction. Please release the documents found previously as soon as possible. This request is now 1.5 years behind schedule. I appreciate your cooperation and attention to this matter. Thank you.

Thank you for the update last month on my request number 20140076. Someone from your office called me shortly after I sent my last message and was going to research what had happened with this request, as per a previous update in July 2014 it appeared responsive documents had already been received. I would appreciate it if any previously discovered documents could be released ASAP. I appreciate your cooperation and attention to this matter. Thank you.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #20140076.

Thanks for your help, and let me know if further clarification is needed.