CBP UAS reinstatement order and investigation findings (EXPEDITED)

To Whom It May Concern:

This is an EXPEDITED Freedom of Information Act request. I hereby request the following records:

-A copy of the order authorizing resumption of UAS (unmanned aerial systems) operations.

-A copy of all investigation findings, recommendations and reports regarding the January 28 UAS crash.

I am an editor at MuckRock and regular contributor at VICE/Motherboard on unmanned aerial vehicles. I am writing an article, intended
for a wide public readership via both MuckRock and VICE/Motherboard, about CBP's response to the crash and administration of CBP's UAS/UAV program, and these records will be crucial in my attempt to provide the public with the most accurate possible information.

I am requesting Expedited Processing, which is permitted when there is a "compelling need" for it, defined by two circumstances: a) if "the information is urgently needed by an individual primarily engaged in disseminating information in order to inform the public concerning actual or alleged
Federal Government activity," and/ or, b] if failure to obtain the records "could reasonably be expected to pose an imminent threat to the life or physical safety of an individual."

VICE/Motherboard, for which I will be writing this piece, is an organization primarily engaged in disseminating information. The MuckRock-Motherboard Drone Census, in particular, has drawn considerable attention to the use of unmanned aerial vehicles by federal government agencies. As a journalist, I have an urgent need to inform the public concerning actual or alleged government activity. If I do not receive this information today or tomorrow, the public may be misinformed about CBP's activities.

I also request that 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,

Shawn Musgrave

U.S. Customs and Border Protection
FOIA Appeals, Policy and Litigation Branch
90 K Street, NE, 10th Floor
Washington, DC 20229-1177

February 25, 2014

To Whom It May Concern:

This is an appeal of the attached rejection of CBP-2014-014332. The CBP FOIA office has withheld documents in their entirety under law enforcement and ongoing investigation exemptions. However, the UAS reinstatement order itself does not fall under either of these categories. The CBP FOIA office has inappropriately applied a blanket exemption rather than the most narrow exemption necessary to shield exempt information while maximizing public transparency.

For this and any other reason deemed applicable by the appeals authority, I appeal this determination.

Best,
Shawn Musgrave
MuckRock

Hello,

A copy of the below appeal was sent more than a week back. Please confirm receipt.

Thank you.

============

U.S. Customs and Border Protection
FOIA Appeals, Policy and Litigation Branch
90 K Street, NE, 10th Floor
Washington, DC 20229-1177

February 25, 2014

To Whom It May Concern:

This is an appeal of the attached rejection of CBP-2014-014332. The CBP FOIA office has withheld documents in their entirety under law enforcement and ongoing investigation exemptions. However, the UAS reinstatement order itself does not fall under either of these categories. The CBP FOIA office has inappropriately applied a blanket exemption rather than the most narrow exemption necessary to shield exempt information while maximizing public transparency.

For this and any other reason deemed applicable by the appeals authority, I appeal this determination.

Best,
Shawn Musgrave
MuckRock

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #CBP-2014-014332.

Thank you for your help.

Hello,

A letter appealing the denial of this request has not been acknowledged since it was sent on Feb. 25, 2014.

Please advise as to the status of this appeal and when a response should be expected.

Respectfully yours,

Ms. Burroughs --

In violation of CBP's FOIA obligations, I have not received any acknowledgement of the below appeal (which I sent by both mail and fax, as well as followups per the correspondence below).

Please confirm immediately whether CBP FOIA office has received my appeal for CBP-2014-014332.

Respectfully,
Shawn Musgrave

Ms. Pegues -

Thank you for your response, but please understand that I have not received any acknowledgement whatsoever of my appeal, whether via email or by mail. CBP FOIA must address this specific issue -- referring me to FOIAOnline is not sufficient.

Respectfully,
Shawn Musgrave
MuckRock

Hello,

The spreadsheet sent by Ms. Tell indicates that this request (CBP-2014-014332) is "Closed." However, I submitted an appeal on February 25 (see below) of this determination, and have yet to receive any indication that it has been received despite numerous followups by email and fax.

I have also looked up this request on FOIAOnline, as you suggested. It includes no communications or explanation as to whether the appeal has been received (see attached).

I have mailed the appeal once again to ensure that it is received within the 60 day time limit. Again, I assert that I mailed this appeal on February 25, and that your office has failed to acknowledge it appropriately.

Please clarify, or let me know if I can provide any further clarification.

Respectfully,
Shawn

U.S. Customs and Border Protection
FOIA Appeals, Policy and Litigation Branch
90 K Street, NE, 10th Floor
Washington, DC 20229-1177

February 25, 2014

To Whom It May Concern:

This is an appeal of the attached rejection of CBP-2014-014332. The CBP FOIA office has withheld documents in their entirety under law enforcement and ongoing investigation exemptions. However, the UAS reinstatement order itself does not fall under either of these categories. The CBP FOIA office has inappropriately applied a blanket exemption rather than the most narrow exemption necessary to shield exempt information while maximizing public transparency.

For this and any other reason deemed applicable by the appeals authority, I appeal this determination.

Best,
Shawn Musgrave
MuckRock