ATT Bill for surveillance since 1/1/11 (FBI)

Jason Smathers filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking # 1169787-000
Status
Rejected

Communications

From: Jason Smathers

To Whom It May Concern:

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

All billing related records such as invoices, bills, or receipts from AT&T for the services of providing customer information to the FBI such as, but not limited to geo location, text message history, calling history, or tower records. Limit your search to records created in the calendar year of 2011 through the date this request is processed. Please consider the date processed to be the date the first substantial search activity takes place, not the date of receipt.

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

From: "Sobonya, David P." <David.Sobonya@ic.fbi.gov>

Dear Mr. Smathers,

The FBI has received your Freedom of Information Act/Privacy (FOI/PA) request and it will be forwarded to the Work Process Unit or a Single Station Disclosure Team for review. Your request will be processed under the provisions of FOI/PA and a response will be mailed to you at a later date.

Requests for fee waivers and expedited processing will be addressed once your request has been assigned an FOI/PA request number. You will receive written notification of the FBI's decision.

Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov/ or http://www.fbi.gov/foia/. Upon receipt of an FOI/PA Request Number, you can check the status of your request online at: http://www.fbi.gov/foia/, and by clicking on the 'Check Status of Your FOI/PA Request' link under the (Records Available Now) section. If you require additional assistance please contact the Public Information Officer.

Thank you,

David P. Sobonya
Public Information Officer/Legal Admin. Specialist
Front Office
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4286
PIO Number: (540) 868-4593
Fax: (540) 868-4997

From: Federal Bureau of Investigation

From: david.sobonya@ic.fbi.gov

Dear Mr. Smathers,

The FBI has received your additional correspondence regarding your Freedom of Information Act/Privacy (FOI/PA) request and it has been forwarded to the Work Process Unit or the assigned Disclosure analyst for review. A response will be forthcoming.

Additional information regarding the Freedom of Information Act/Privacy may be accessed at http://www.fbi.gov/ or http://www.fbi.gov/foia/.

If you require additional assistance please contact me.

Thank you,

David P. Sobonya
Public Information Officer/Legal Admin. Specialist
Front Office
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4286
PIO Number: (540) 868-4593
Fax: (540) 868-4997

From: Jason Smathers

I appeal.

I did not ask a question.

This is a FOIA request for specific records, your response is not appropriate.

Please conduct a search for records and provide them as soon as possible.

From: 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 July 14, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #1169787-000.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 14, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #1169787-000.

Thank you for your help.

From: "Sobonya, David P." <David.Sobonya@ic.fbi.gov>

Dear Mr. Smathers,

The above FOIA request was closed on 7-19-2011 (Records Not Reasonably Described) and the Office of Information Policy (OIP) affirmed the appeal.

Thank you,

David P. Sobonya
Public Information Officer/Legal Admin. Specialist
Front Office
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4286
PIO Number: (540) 868-4593
Fax: (540) 868-4391/4997

From: Jason Smathers

Your email says that OIP affirmed the appeal, however, I did not receive any response to my appeal. Further, the correspondence I have says my request was denied because you do not have to create a record. I appealed because I did not ask you to create a record, rather, I asked for existing records.

It is well known and common sense that communications companies provide assistance to the FBI and they are compensated for their time in doing so. My initial request said:

"This is a request under the Freedom of Information Act. I hereby request the following records: All billing related records such as invoices, bills, or receipts from AT&T for the services of providing customer information to the FBI such as, but not limited to geo location, text message history, calling history, or tower records. Limit your search to records created in the calendar year of 2011 through the date this request is processed. Please consider the date processed to be the date the first substantial search activity takes place, not the date of receipt."

In your recent email, you said that my request was denied for being not well described. This is not what I was told in the first response. If this is the case, please reopen the case and let me know how I might better describe what I am looking for.

I am still looking for these records. Please let me know the status of my existing request and the status of my appeal. If both are considered closed by the FBI, please re-open them. If you will not reopen them, consider this a new request under the FOIA for all billing related records such as invoices, bills, or receipts from AT&T for the services of providing customer information to the FBI such as, but not limited to geo location, text message history, calling history, or tower records. Limit your search to records created in the calendar year of 2011 through the date this request is processed.

From: "Sobonya, David P." <David.Sobonya@ic.fbi.gov>

Dear Mr. Smathers,

The above FOIA request has been closed and OIP 'affirmed' per OIP's letter addressed to you on 9-28-2011.

Please contact me if you require further assistance.

Thank you,

David P. Sobonya
Public Information Officer/Legal Admin. Specialist
Front Office
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4286
PIO Number: (540) 868-4593
Fax: (540) 868-4391/4997

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