CBP National Command Duty Officer reports on UAS operations

Shawn Musgrave filed this request with the United States Customs and Border Protection of the United States of America.

It is a clone of this request.

Est. Completion None
Status
Awaiting Appeal

Communications

From: Shawn Musgrave

To Whom It May Concern:

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

All mission updates, briefs, reports or other communications submitted by the National Air Security Operations National Command Duty Officer (N-CDO) regarding COA violations, mishaps, ASR submissions, significant operational events, and mission results for unmanned aerial systems (UAS).

Please provide the above documents for January 1, 2000 to the date this request is processed.

Per OAM PROCEDURE NO. 2014-12, "National Air Security Operations National Command Duty Officer" (see https://muckrock.s3.amazonaws.com/foia_files/NASO_NCDO_SOP_Redacted.pdf):

"The N-CDO will send out mission updates to the appropriate UAS command and / or support elements (e.g., Information Analysis Center, TCPED, Air and Marine Operations Center, UAS centers, etc.), as required.

6.2.2 Briefs UAS summary of activities for the previous day, current scheduled operations, and atmospheric and solar weather forecast at weekday morning meeting.

6.2.3 Communicates daily with UAS centers’ Mission Commanders / Command Duty Officers during all phases of mission planning,
execution and completion. Remains in contact with site Mission Commanders and Command Duty Officers.

6.2.4 Keep NASO senior leadership apprised of all COA violations, mishaps, ASR submissions, significant operational events, and mission results."

Given that this FOIA is submitted in my capacity as a journalist who has covered drones extensively, I request that I be categorized as a media requester for the purpose of fees. Here is a selection of my published articles for MuckRock:

https://www.muckrock.com/news/archives/2015/jan/12/how-843-lbs-seized-pot-lead-customs-and-border-pro/

https://www.muckrock.com/news/archives/2015/mar/03/us-marshals-service-conceal-key-details-millions-s/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/12/fbi-and-justice-department-cant-find-drone-privacy/

https://www.muckrock.com/news/archives/2015/jan/22/air-force-knows-how-many-mq-9-drones-it-wants-cant/

I have also been published in a number of other national media outlets on topics including drones and other matters pertaining to national security and technologies:

http://motherboard.vice.com/read/the-us-spent-360-million-on-border-drones-thanks-to-this-flimsy-report

http://motherboard.vice.com/read/the-air-force-says-it-needs-precisely-52-new-reaper-drones-cant-explain-why

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

www.betaboston.com/news/2014/03/05/a-vast-hidden-surveillance-network-runs-across-america-powered-by-the-repo-industry/

https://www.thedailybeast.com/articles/2015/02/05/nypd-social-media-policy-allows-catfishing-with-the-proper-paperwork.html

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://news.vice.com/article/fbi-agent-who-killed-boston-bombing-suspects-friend-was-twice-accused-of-police-brutality

As the requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com and pertains to a matter of considerable public interest, I also request a full waiver of all fees.

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,

Shawn Musgrave

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 Aug. 11, 2015. 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: Shawn Musgrave

To Whom It May Concern:

This is an appeal for constructive denial of the below FOIA request. Out of politeness and deference to CBP's caseload, I have submitted numerous requests for CBP to confirm receipt of my request. Having received no reply, I hereby request that you remand this FOIA to CBP for good faith search and provision of responsive documents, in keeping with the agency's obligations under the FOIA.

Respectfully,
Shawn Musgrave

From: SUZUKI, SHARI

Dear Mr. Musgrave,

I cannot locate this initial request in CBP’s system (no case number was included with your appeal). It appears your request was not received by CBP. Please submit your initial request to CBP.
Information on how to file an initial request can be found at:
http://www.cbp.gov/site-policy-notices/foia
FOIA Division’s phone number is: (202) 325-0150

I cannot open an appeal without there being an initial request received by CBP and opened in the system.

My office handles appeals – not initial requests. I seem to recall you telling me previously that you do not want to file using CBP’s FOIAOnline System. You should contact FOIA Division about whether there are other ways that you can submit your initial request. Again, I only handle appeals.

I am sorry that I cannot be of further assistance.
Regards,
Shari Suzuki, Chief
FOIA Appeals, Policy & Litigation Branch
Regulations and Disclosure Law Division
Office of International Trade
U.S. Customs & Border Protection
90 K Street NE
Washington DC 20229-1177
Direct Dial 202.325.0121
Fax 202.325.0153

From: Shawn Musgrave

FOIA Appeals, Policy and Litigation Branch
U.S. Customs and Border Protection
90 K Street, NE
Washington, D.C. 20229

To Whom It May Concern:

This is an appeal for constructive denial of the below request. Despite having submitted it a number of times via the appropriate channels, I have not received any response. Please remand this request to the CBP FOIA office good faith search and provision of responsive documents, in keeping with the agency's obligations under the FOIA.

Respectfully,
Shawn Musgrave

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