|High Tech Crime Consortium ListServ
|Aug. 8, 2020
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To Whom It May Concern:
Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:
Copies of emails sent to, from, or through the High Tech Crime Consortium ListServ. The emails may be identified by having one or more of the following:
* A sender with a display name of either "High Tech Crime Consortium Listserv" or "High Tech Crime Consortium"
* A subject containing either "HTCC" or "[HTCC]"
* Sent to or from an email address containing "htcc" or hightechcrimecops.org
You may limit this request to records generated between April 1, 1998 and the date of the processing of this request.
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 in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. 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 library Internet Archive and the journalist non-profit 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.
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 5 business days, as the statute requires.
To Whom It May Concern:
I wanted to follow up on the following Michigan Freedom of Information Act request, copied below, and originally submitted on Aug. 8, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
The Freedom of Information Act ("FOIA") Office for Eastern Michigan
University (EMU) has received your
August 10, 2020
request under the Michigan FOIA (below).
Searches of the keywords provided resulted in approximately 30,000 emails
to be pulled and reviewed. As a result, a fee itemization form has been
completed as it has been determined that in this particular instance,
failure to charge a fee would result in unreasonably high costs to the
public body because of the nature of this request, in its current form.
Please see attached for the complete breakdown of the following summary:
Estimated fee =
Pursuant to MCL15.234.amended of the Act (attached), because the estimated
cost exceeds $50.00, EMU is requiring a good faith deposit equal to one
half of the estimated cost of your request. Upon receipt of a check made
payable to Eastern Michigan University for the deposit as calculated on the
attached form, the FOIA Office will further process this request. Please
forward payment as instructed on the form.
15.234.amended(8) states: "The response shall also contain a best efforts
estimate by the public body regarding the time frame it will take the
public body to comply with the law in providing the public records to the
r. The time frame estimate is nonbinding upon the public body, but the
public body shall provide the estimate in good faith and strive to be
reasonably accurate and to provide the public records in a manner based on
this state's public policy under section 1 and the nature of the request in
the particular instance.". EMU estimates the time needed to fulfill this
request to be
approximately one year
from receipt of a good-faith deposit.
For further information on EMU's Procedures & Guidelines regarding FOIA,
please visit our website at http://www.emich.edu/legalaffairs/foia.php.
As a side note, also attached you will find MCL15.243 which describes
exemptions allowed under
FOIA. Due to the nature of your request,
a significant number of emails will be reviewed, however that number does
not necessarily reflect the number of documents that will be disclosed due
to the exemptions that may apply.
*Tracey L. Piercecchi* | Administrative Associate to General Counsel
*Eastern Michigan University*
Legal Affairs | Risk Management & Workers' Compensation
11 Welch Hall | Ypsilanti, MI 48197
Direct: 734-487-8431 | Main: 734-487-1055