|Submitted||March 10, 2017|
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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 the final version of the draft document located in response to FOIA request 2017-IAFO-00171.
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.
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.
Dear Mr. Best:
We’ve received your FOIA attached below. We’re entering it into our system for processing and have given it the tracking number of 2017-IAFO-00184.
To my knowledge, the draft document produced to you in response to 2017-IAFO-00171 never made it past draft status to be turned into a finished product.
With that in mind, your request for “the final version” becomes unclear.
Please call me to discuss the request.
FOIA Officer/Assistant Privacy Officer
Intelligence & Analysis
Department of Homeland Security
(202) 447-3783 (U)
Unfortunately, I didn't receive a copy of the draft. If there's no finished report, I suppose any materials relating to it or reacting to the WSJ's report of the draft would suffice.
Thank you. I’ll work up some proposed language for the revised request and send it to you for review/approval.
Thanks so much!
Please find attached the final response to your DHS I&A FOIA request, dated March 10, 2017.
Office of Intelligence and Analysis
Unclass: (202) 447-3783