|Submitted||Jan. 18, 2018|
|Due||Feb. 15, 2018|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
A copy of CIA-RDP79R00904A001100010023-3.
I am a member of the news media and request classifcation 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 fles online and make them available through the non-proft 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 "qualifed because it also had “frm” 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.
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.
The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.
I am appealing the decision that the Agency can neither confirm nor deny the existence of the document. Due to CIA's numbering system, there is no doubt that the file exists. The filing system in question operates based on the (one-time) physical location of the document based on the Box, Document, Folder and Job number of the item in question. As documents on either side of the requested file exist, per CIA's own admission, there is no question that the document between them also exists. The Agency's GLOMAR response is tantamount to confirming that pages 10 and 12 exist, but refusing to confirm or deny the existence of page 11.
A letter stating that the request appeal has been received and is being processed.
An interim response, stating the request is being processed.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 18, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F-2018-00719.
Thanks for your help, and let me know if further clarification is needed.