1776 (Department of Homeland Security, Office of Intelligence & Analysis)

Emma Best filed this request with the Department of Homeland Security, Office of Intelligence & Analysis of the United States of America.
Tracking #

2019-IAFO-00022

Multi Request 1776
Est. Completion None
Status
No Responsive Documents

Communications

From: Emma Best


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Files mentioning the dark net market 1776, which operated at the web address n6tzonxy7sod7eqt.onion from 2014-04-19 to 2014-10-02.

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 MuckRock, Motherboard, Property of the People, AND Magazine, Unicorn Riot, and more. 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 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.

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.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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 20 business days, as the statute requires.

Sincerely,

Emma Best

From: Department of Homeland Security, Office of Intelligence & Analysis

Good afternoon,
Please find attached an acknowledgment of I&A FOIA request 2019-IAFO-00022.

V/r,

FOIA Officer
Department of Homeland Security
Office of Intelligence and Analysis (I&A)
202-282-8826

This is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.
[Homeland Seal]

From: Department of Homeland Security, Office of Intelligence & Analysis

Good morning,,

Please find attached a final response to DHS I&A FOIA 2019-IAFO-00022.

V/r,

FOIA Officer

Department of Homeland Security Office of Intelligence and Analysis (I&A)

I&AFOIA@hq.dhs.gov<mailto:I&AFOIA@hq.dhs.gov>

(202) 282-8826

________________________________

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