Bank Robbers App dev

Emma Best filed this request with the Federal Bureau of Investigation of the United States of America.

It is a clone of this request.

Tracking #

AP-2018-000799

Due March 14, 2017
Est. Completion None
Status
Awaiting Response

Communications

From: Michael Best

To Whom It May Concern:

By the power vested in me under the Freedom of Information Act, I hereby request the following records:

Source code and other development materials, including testing, feedback, effectiveness evaluations, privacy and other legal concerns, as well as memos, letters and emails relating to the development or procurement of the Bank Robbers App(s) described here: https://www.fbi.gov/news/stories/fbi-releases-new-bank-robbers-mobile-app

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, 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 the non-profit Internet Archive, 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 such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived. Per DOJ FOIA guidance, "a requester should be granted a fee waiver if the requested information (1) sheds light on the activities and operations of the government; (2) is likely to contribute significantly to public understanding of those operations and activities; and (3) is not primarily in the commercial interest of the requester." As this FOIA meets all of those requirements (see above), a fee waiver is warranted.

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,

Michael Best

From: FOIPARequest

Dear Mr. Best,

The FBI has received your Freedom of Information Act/Privacy (FOIPA) request and it will be forwarded to Initial Processing for review. Your request will be processed under the provisions of FOIPA 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 FOIPA request number. You will receive written notification of the FBI’s decision.

Please be advised, beginning Wednesday, March 1, 2017, you will no longer be able to submit FOIPA requests via email. On this date, FOIPARequest@ic.fbi.gov<mailto:FOIPARequest@ic.fbi.gov> will permanently be taken offline and requests will need to be submitted using the FBI’s electronic FOIPA portal at https://efoia.fbi.gov. Alternatively, you may submit your request using fax or standard mail.

Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov<http://www.fbi.gov>/ or http://www.fbi.gov/foia/<http://www.fbi.goiv/foia/>. If you require additional assistance please contact the Public Information Officer.

Thank you,

Leanna Ramsey
Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391/4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>

PLEASE REPLY DIRECTLY TO FOIPAREQUESTS@IC.FBI.GOV

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.

From: Federal Bureau of Investigation

An acknowledgement letter, stating the request is being processed.

From: Federal Bureau of Investigation

The request has been rejected by the agency.

From: Emma Best

I am appealing the blanket b7E rejection, as much of the information I requested would NOT result in the circumvention of the law if released. Privacy evaluations, for instance, and legal concerns were both included in the scope of my request and neither could conceivably result in circumvention of the law. Neither could feedback or effectiveness evaluations, as well as several other aspects of the request. In the very few places where some of the information MIGHT result in circumvention, that information is segregable.

From: Federal Bureau of Investigation

11/08/2017 05:38 PM FOIA Request: DOJ-AP-2018-000795

From: Federal Bureau of Investigation

DOJ-AP-2018-000795 has been processed with the following final disposition: Completely reversed/remanded.

From: Federal Bureau of Investigation

A letter stating that the request appeal has been received and is being processed.

From: Federal Bureau of Investigation

A letter stating that the request appeal has been received and is being processed.

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. 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.

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. 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.

From: Federal Bureau of Investigation

Please check the status of your FOIPA Request at http://vault.fbi.gov by clicking on “Check Status of Your FOI/PA Request” on the right side of the page, and follow the instructions below.

Check the Status of Your FOIPA Request
If your FOIPA Number is [1195846-0] please enter [1195846-000] into the system. If your FOIPA Number is [1195846-1] please enter [1195846-001] into the system. If you have any questions about the status of your FOIPA request, please e-mail foipaquestions@ic.fbi.gov.

FIND STATUS OF FOIPA- Request statuses are updated weekly

Please enter the whole FOIPA number-Example: [1234567-000]

FOIPA:
Results will show the Request Number, Case Type and Process Description shown below:

FOIPA:
1234567-000

Case Type:
FOIPA
Process Description (Will display the current progress of the request)

The FBI’s FOIPA Program is searching the FBI’s indices for potentially responsive documents.

You may be contacted via formal letter for all fees and/or negotiation issues that may apply.

NOTE: Recent requests are entered into the FOIPA database in the order that they are received. Before you can check the status, you must have received correspondence assigning a FOIPA request number and the information transferred to the online database. Status information is updated weekly. If a request has been closed within the last six months the online database will display the following: The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file.

Estimated Dates of Completion
Requests are processed in the order in which they are received through our multi-track processing system, and the FBI receives a voluminous amount of requests on a daily, weekly, monthly, and annual basis. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Our complex requests are further divided into medium, large, and extra-large sub-tracks. Simple track requests typically require the least amount of time to process.
Currently, simple track cases average approximately 80 days from the date of receipt for processing. Requests in the medium processing track are currently averaging 281 days from the date of receipt for processing, those in the large processing track are currently averaging approximately 774 days, and those in the extra-large track are averaging 879 days.

Thank you,

Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391/4997
Questions E-mail: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps Status updates are performed on a weekly basis.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

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