|Multi Request||CIA-Maritime Liaisons 1970s|
|Submitted||Oct. 18, 2018|
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To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Records mentioning or generated as a result of liaisons and contacts between CIA officials and the following Federal Maritime Commission personnel:
For the purposes of this request, the words "contacts" and "liaisons" are being used in the way CIA used them in CIA-RDP78-00300R000100090121-9 (dated 1975), which officially disclosed these relationships. A copy of the file can be found at https://www.cia.gov/library/readingroom/docs/CIA-RDP78-00300R000100090121-9.pdf. This request may be limited to the beginning of 1970 through the end of 1979.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as MuckRock, Motherboard, Property of the People, AND Magazine, Unicorn Riot, and more. 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 non-profits such as the library Internet Archive and and the journalist non-profit, MuckRock, 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 my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.
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.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 18, 2018. 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.
Dear Ms. Best:
This acknowledges receipt of and provides an interim response to your Freedom of Information Act (FOIA) request below filed with the Federal Maritime Commission (Commission) on October 18, 2018. Your request, pursuant to the Commission rules at 46 C.F.R. §503.31-34, seeking records mentioning or generated as a result of liaisons and contacts between CIA officials and the following Commission personnel: ROBERTS, Barbara, as described, has been assigned FMC FOIA number 19-002. I apologize for the delay in acknowledging your request.
We have reached out to multiple Commission offices and are awaiting search results from one more office. We will provide you with a final response once the results are received. However, as an interim response, there are currently no documents responsive to your request. I anticipate that we should have a final response to you in a week or two.
When corresponding with the Commission regarding this FOIA request, please refer to the assigned FMC FOIA No. provided above. Feel free to contact me on my direct line at (202) 523-6759 if you have any questions.
Office of the Secretary
Federal Maritime Commission
The Commission’s FOIA Public Liaison is available to resolve any disputes. Her contact information is:
Rachel Dickon, Secretary
Dear Ms. Best:
This responds to your Freedom of Information Act (FOIA) request FMC FOIA number 19-002 filed with the Federal Maritime Commission (Commission) seeking records mentioning or generated as a result of liaisons and contacts between CIA officials and the following Commission personnel: ROBERTS, Barbara, as described.
There are no documents responsive to your request.
With this response, we will consider your request closed. There will be no charge for responding to your FOIA request. When corresponding with the Commission regarding this FOIA request, please refer to the assigned FMC FOIA number provided above.
Administrative appeals should be submitted to the Chairman of the Federal Maritime Commission pursuant to 46 C.F.R. §503.32<http://www.ecfr.gov/cgi-bin/text-idx?SID=9109e9d6d5bedc9383fae368c74ea2a9&mc=true&node=pt46.9.503&rgn=div5#se46.9.503_132>.
Feel free to contact Linda Hale of my staff at 202-523-5725 or me by reply to this email if you have any questions.
Rachel E. Dickon
Secretary/FOIA Public Liaison
Federal Maritime Commission
The Office of Government Information Services (OGIS) offers mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation. If you wish to contact OGIS, you may email them at: firstname.lastname@example.org<mailto:email@example.com> or call 1-877-684-6448<tel:1-877-684-6448>.