Bureau Mailing Lists
| Tracking # |
1368676-000 A-2023-01584 |
| Submitted | Feb. 15, 2017 |
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Communications
From: Michael Best
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Records relating to FBI system FBI-003 - Bureau Mailing Lists, which is described on the Department of Justice's website at https://www.justice.gov/opcl/doj-systems-records#FBI
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/Privacy Act (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, after development and testing for two years. With this full implementation, eFOIPA will provide the FBI with an automated process for the receipt and opening of requests, replacing the current manual process and substantially reducing the time it takes to receive and open each electronic request received. Given the FBI's high volume of requests, this will significantly increase efficiency.
The terms of service for the site will be modified to allow the uploading of attachments, to remove the limitation on the number of requests received each day by the application, to remove limitation on the number of requests which may be submitted by an individual per day, and increase availability to seven days a week-24 hours a day.
The eFOIPA system will allow requests of all types – e.g.; Privacy Act, deceased individuals, policies/procedures, events, organizations, etc. Requesters will:
• Receive digital confirmation directly on their email account.
• No longer have to wait for responses to be received using standard mail.
• View transmitted responses and releases from the convenience of their smart phone or tablet.
The FBI’s eFOIPA portal was designed and developed to be the FBI’s primary means for receiving FOIA and Privacy Act requests.
Should you have questions about preparing or submitting your request using this new service, you may email foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov> or contact the Public Information Officer directly at 540-868-4593. Alternatively, you may submit your request using fax or standard mail.
Information regarding the FOIPA 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 FOIPAREQUEST@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.
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~WRD008
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 Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
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 Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
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 Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
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 Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
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 Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
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 Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
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 Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
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 Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
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: 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 Freedom of Information Act request, copied below, and originally submitted on Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Freedom of Information Act request, copied below, and originally submitted on Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Freedom of Information Act request, copied below, and originally submitted on Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Freedom of Information Act request, copied below, and originally submitted on Feb. 15, 2017. 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 Freedom of Information Act request, copied below, and originally submitted on Feb. 15, 2017. 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 Freedom of Information Act request, copied below, and originally submitted on Feb. 15, 2017. 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 Freedom of Information Act request, copied below, and originally submitted on Feb. 15, 2017. 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 Freedom of Information Act request, copied below, and originally submitted on Feb. 15, 2017. 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 Freedom of Information Act request, copied below, and originally submitted on Feb. 15, 2017. 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
Good morning Ms. North-Best,
We're contacting you in reference to the FOIPA request number included in the subject line of this email. The FBI located approximately 963 pages potentially responsive to your request.
Requests are processed in the order in which they are received through our multi-track processing system:
Small track requests (0-50 pages) current average time is approximately 3 months to complete;
Medium track requests (51-500 pages) current average time is approximately 32 months to complete;
Large track requests (501-4,999 pages) current average time is approximately 67 months to complete; and
Extra-large track requests (over 5,000 pages) current average time is approximately 79 months to complete.
The current average time to complete your large track request is at least 67 months. Reducing the scope of your request may accelerate the processing, allow for a timelier receipt of the information you seek, and reduce the duplication costs, if applicable. Would you be willing to consider reducing the scope of your request to place it in a smaller, potentially faster processing track?
Please let us know if this is something you would be interested in further discussing. If you chose to narrow the scope of your request, you will be able to request remaining material via a new FOIPA request submission at the completion of this request, subject to applicable fees.
Best regards,
Negotiation Team
Federal Bureau of Investigation
Fbi.foipa.negotiation@fbi.gov<mailto:Fbi.foipa.negotiation@fbi.gov>
Status Checks: https://vault.fbi.gov/fdps-1/@@search-fdps | foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>
For additional information, please visit the www.fbi.gov/foia<http://www.fbi.gov/foia> website.
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From: Emma North-Best
So with an average of 67 months to complete, and the FOIA being filed 70 months ago, I can expect to receive a final response any day now?
From: Federal Bureau of Investigation
Good morning Ms. North-Best,
We hadn’t heard back from you and wanted to follow up.
Best regards,
Negotiation Team
Federal Bureau of Investigation
Fbi.foipa.negotiation@fbi.gov<mailto:Fbi.foipa.negotiation@fbi.gov>
Status Checks: https://vault.fbi.gov/fdps-1/@@search-fdps | foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>
For additional information, please visit the www.fbi.gov/foia<http://www.fbi.gov/foia> website.
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From: Emma North-Best
I responded a week ago, as documented here: https://www.muckrock.com/foi/united-states-of-america-10/bureau-mailing-lists-33473/#comm-1393241
For your convenience, my response read "So with an average of 67 months to complete, and the FOIA being filed 70 months ago, I can expect to receive a final response any day now?"
From: Federal Bureau of Investigation
Dear Ms. North-Best,
Unfortunately, we didn’t receive your reply. Do we understand correctly that you don’t wish to narrow the scope of the request?
Best regards,
Negotiation Team
Federal Bureau of Investigation
Fbi.foipa.negotiation@fbi.gov<mailto:Fbi.foipa.negotiation@fbi.gov>
Status Checks: https://vault.fbi.gov/fdps-1/@@search-fdps | foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>
For additional information, please visit the www.fbi.gov/foia<http://www.fbi.gov/foia> website.
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From: Emma North-Best
No, no desire to reduce the scope. When can I expect my files? It should be any day now, right? After all, the average time passed three months ago.
From: Federal Bureau of Investigation
Good morning Ms. North-Best,
Thank you for your email; we’ll continue with your request as is in the large track. Please use the link in the signature below for status inquiries.
Best regards,
Negotiation Team
Federal Bureau of Investigation
Fbi.foipa.negotiation@fbi.gov<mailto:Fbi.foipa.negotiation@fbi.gov>
Status Checks: https://vault.fbi.gov/fdps-1/@@search-fdps | foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>
For additional information, please visit the www.fbi.gov/foia<http://www.fbi.gov/foia> website.
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From: Emma North-Best
Well that wouldn't actually tell me anything or give me an estimated completion date (again, this should be any day now, right? Based on your average times?) and wouldn't be of any use anyway since you never gave me a tracking number or an acknowledgment letter. See https://www.muckrock.com/foi/united-states-of-america-10/bureau-mailing-lists-33473/ for a complete transcript of all messages sent and received since February 2017.
From: Emma North-Best
Actually, I was able to find the FOIPA in the subject line of an email you sent me in this exchange - 1368676. And so when I check on that in the little link you provided, it says you're still searching. Not only does it fail to give me the legally required and requested estimated date of completion (was it several months ago, based on the dates and average processing time?) it gives me information which seems to be incorrect based on what you've emailed me. Is the search complete or not? Or did the FOIPA in your subject line not reflect the FOIPA number assigned to this request? And please remember that it has been more than a week since you contacted me about the search being complete, so it's not that the database hasn't had its weekly update yet.
Please provide clarification as soon as possible.
From: Federal Bureau of Investigation
Thank you for your inquiry regarding the status of your Freedom of Information/Privacy Act (FOIPA) request. A review of your request has determined the following.
Your request is being preprocessed to another open request on the same subject, meaning a request on the same subject had been received and was already in process prior to receipt of your request. To avoid duplicative efforts, you will receive the same releases at the same time as the original requester for this subject. The request to which yours will be preprocessed is presently awaiting assignment to a Disclosure analyst who will then review the records to determine if any redactions are required pursuant to subsections of Title 5, U. S. Code, Section 552 and 552a.
NOTE: Interim releases are generally made for complex requests.
You have the opportunity to reduce the scope of your request; this will accelerate the process and could potentially place your request in a quicker processing queue. This may also allow for a more timely receipt of your information. The FBI uses a multi-track processing system to fairly assign and process new requests. Simple track cases (50 pages or less) usually require the least time to process. The request to which yours will be preprocessed is considered a complex case in our large track. Please advise us in writing if you would like to discuss reducing the scope of your request.
Please contact foipaquestions@fbi.gov if you require further assistance.
Thank you,
Public Information Officer
FBI - Information Management Division
200 Constitution Drive
Winchester, VA 22602
O: (540) 868-4593
E: 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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image001
From: Emma North-Best
I still do not wish to reduce the scope and you still haven't given me the legally required time estimate which I've now requested repeatedly. I've been waiting for this request since February 2017, and we are well past the average processing time. Saying "it's preprocessed" does not address the question or your legal requirements, **nor do I agree to limit the scope to that of someone else's FOIA request..*
From: Emma North-Best
I am appealing the response of the request and the decision to preprocess. In December 2022, I explicitly told the Bureau,
"I still do not wish to reduce the scope and you still haven't given me the legally required time estimate which I've now requested repeatedly. I've been waiting for this request since February 2017, and we are well past the average processing time. Saying "it's preprocessed" does not address the question or your legal requirements, **nor do I agree to limit the scope to that of someone else's FOIA request..*" (see https://www.muckrock.com/foi/united-states-of-america-10/bureau-mailing-lists-33473/#comm-1398761)
This followed several other communications along the same lines, where I expressly stated that I did not wish to limit the scope of my request (see https://www.muckrock.com/foi/united-states-of-america-10/bureau-mailing-lists-33473/). The Bureau's decision to do so regardless of this was improper and did not fulfill the explicit terms of my FOIA request.
(Nor did the Bureau respond to the proper address for the FOIA.)
From: Federal Bureau of Investigation
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Federal Bureau of Investigation
The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2023-01584 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
From: Federal Bureau of Investigation
A copy of documents responsive to the request. Postmark: September 29, 2023
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Responsive Documents
From: Federal Bureau of Investigation
A copy of documents responsive to the request. Postmark: September 29, 2023
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