Requests for personal census data

To Whom It May Concern:

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

Any and all letters from government agencies, law
enforcement agencies, tax agencies or federal or state legislative
offices of any type requesting personal census data, and each response
from the Census Bureau to any such written or oral requests.

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,

Jason Smathers
Filed via MuckRock.com
185 Beacon St. #3
Somerville, MA 02143

Daytime: (857) 488- 3081
E-mail: requests@muckrock.com

My request was very specific. I agree to limit my request to records created on or after 9/11/2001. Please process this request or provide proper contact information for your appeals authority.

To: FOIAappeals@doc.gov
Subject: Freedom of Information Act Appeal / 11-073
Attachments: original request & fee request.

Assistant General Counsel for Administration,

On November 12, 2010, I made a FOIA request which was assigned FOIA Log number 11-073.

I requested to be billed according to the news media fee category. I will instead billed according to the "other requester" fee category. I appeal.

The news media fee category is appropriate because:
1) Attempts to access information believed to be confidential by government agents is of current interest to the public. I state this by knowledge and belief as a representative of the news media. The information requested in this FOIA request is of public interest.

2) I plan to write about attempts to access personal census data. I will be taking the records responsive to this FOIA request and turning it into a distinct work using my editorial skills. Please note, I plan to write on the subject, not simply post the records.

3) I am a writer for the publication, Witnesses Unto Me. Hundred of previous articles which I have written have been published by Witnesses Unto Me and I am assured publication in this case. My assurance of publication and track record of being published demonstrate that the information will be distributed to the general public.

Search fees are not permitted for members of the news media. Please continue processing my request without search fees.

The FOIA as amended in 2007 now reads:
(viii) An agency shall not assess search fees (or in the case of a requester described under clause (ii)(II), duplication fees) under this subparagraph if the agency fails to comply with any time limit under paragraph (6),

Your agency failed to meet the 20 business day time limit, nor did they request an additional 10 days as allowed by the FOIA in some cases. Failing to meet this deadline exempts all persons from search fees and further exempts news media from any fees. Therefore, duplication fees cannot be charged for this request.

Please process this request without charge as required by the Freedom of Information Act.

Regards,
Jason Smathers

Hi Mark,

Apologies.

Attached as a .txt file is the original request as well as the fee estimate. The process has been logged at MuckRock.com here:

http://www.muckrock.com/foi/view/united-states-of-america/requests-for-personal-census-data/233/

Corinna,

Can you please add the Department of Commerce to the open case concerning the news media fee category? In response to my appeal, the Department of Commerce denied my request to be billed according to the news media fee category because I did not provide statistical data on the reach of my website. I do not believe FOIA or any agency guidelines provide a specific amount of readership required to be news media. Is a new newspaper news media only after they sell a certain number of copies? Does a New York Times reporter need to provide circulation data to be considered news media?

You can view the complete correspondence with the Department of Commerce here: http://www.muckrock.com/foi/view/united-states-of-america/requests-for-personal-census-data/233/

Best Regards,
Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

The easiest way to contact me is via email. Please let me know the status of this request. Thanks!

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

Any and all letters from government agencies, law enforcement agencies, tax agencies or federal or state legislative offices of any type requesting personal census data, and each response from the Census Bureau to any such written or oral requests.

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.

Perhaps you can explain why you believe this search will take over 160 hours of time. I've never heard of such a thing before. In fact, I was told that your agency maintains one single file collecting these records. If my source is correct, then search time is nearly 0. If you can explain why you expect the search time to be so great, perhaps we can narrow it more.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

Thank you for your help.

Hello,

There has been no update on this request for nearly two months. Please advise.

Thank you.

Please respond to the message left on your office's voicemail regarding request 11-073.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

Thank you for your help.

Once again, there has been no response to this request whatsoever in several months. Please advise as to its status immediately.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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 Nov. 17, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #11-073.

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