Unauthorized Disneyland UAVs (California Highway Patrol)
| Multi Request | Unauthorized Disneyland UAVs |
| Submitted | Sept. 6, 2018 |
| Est. Completion | None |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Records relating to or mentioning the alleged unauthorized UAVs over and around Disneyland, as described in the FBI email on the 8th page of the attached document released through FOIA.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.
Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.
Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, 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 10 calendar days, as the statute requires.
Sincerely,
Emma Best
From: California Highway Patrol
Ms. Best,
On Monday, September 10, 2018, the California Highway Patrol received your California Public Records Act request seeking "records relating to or mentioning the alleged unauthorized UAVs over and around Disneyland, as described in the FBI email on the 8th page (of the attached document) released through FOIA." As written, this request does not reasonably describe an identifiable record and is considered overbroad. In order to search for records that may be responsive to your request, please provide a date range.
Thank you,
Jaime Coffee, Information Officer II
California Highway Patrol
The Office of Community Outreach and Media Relations
Subject: California Public Records Act Request: Unauthorized Disneyland UAVs (California Highway Patrol)
California Highway Patrol
PRA Office
601 North 7th Street
Sacramento, CA 95811
September 10, 2018
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Records relating to or mentioning the alleged unauthorized UAVs over and around Disneyland, as described in the FBI email on the 8th page of the attached document released through FOIA.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.
Additionally, case law states that "proof of the ability to disseminate the released information to a broad cross- section of the public is not required." Judicial Watch, Inc. v. Dep't of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep't of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had "firm" plans to "publish a number of . . . 'document sets'" concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.
Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be "made by" a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, 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 10 calendar days, as the statute requires.
Sincerely,
Emma Best
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
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From: Emma North-Best
The date range (September 16, 2013) and many other contextual details were provided in the document attached to the original request, which I even specified the page for as you acknowledged. For your convenience, I have attached it to this communication as well.
From: California Highway Patrol
Ms. Best,
On Monday, September 10, 2018, the California Highway Patrol received your California Public Records Act request seeking "records relating to or mentioning the alleged unauthorized UAVs over and around Disneyland, as described in the FBI email on the 8th page (of the attached document) released through FOIA." Attached please find the determination letter specific to your rest.
Thank you,
Jaime Coffee
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