Covert Electronic Tracking Program course materials

Shawn Musgrave filed this request with the Federal Law Enforcement Training Center of the United States of America.
Tracking # 14-049
Status
Rejected

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 releasable course materials from the Covert Electronic Tracking Program (https://www.fletc.gov/training/programs/technical-operations-division/covert-electronic-tracking-program-cetp/)

I also request that, if appropriate, 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

From: Federal Law Enforcement Training Center

A letter stating the request for reduced or waived fees has been rejected.

From: Wallace, Peggy T

Dear Mr. Musgrave:

Please see attached response letters to your recent FOIA requests for information pertaining to Covert Electronic Tracking Program records and Wi-Fi Tools for Analysis and GEO Locating Program records.
The original letters were mailed to you on April 14th. To date, we have not received your response.

This email provides a fee estimate applicable to processing your April 7, 2014 Freedom of Information Act (FOIA) requests which we have combined for billing purposes.

Our April 14, 2014 acknowledgement letters notified you that you were placed in the commercial category. Pursuant to the DHS implementing regulations, 6 C.F.R. § 5.11, commercial requesters are responsible to pay 10-cents per page for duplication and for search and review time at the hourly rate of the searcher and reviewer. It is estimated that it would take approximately two hours to search for and 32 hours to review all responsive records. Billable search and review costs at $47.82 per hour would be $1,625.88. It is estimated that our search would yield approximately 500 pages. Duplication costs for 500 pages at a rate of $0.10 per page would total $50.00. Based on this information, it is estimated that the overall fee to process your request will equal approximately $1,675.88.

Since the total estimated fee exceeds $250.000, you must make an advance payment of an amount up to the amount of the entire anticipated fee before we can begin to process your request. See 6 C.F.R. § 5.11(i). Please submit your check or money order in the amount of $1,675.88, made payable to the Treasury of the United States, to this office within 10 days from the date of this letter. Please mail your payment to this office at the following address:

Freedom of Information/Privacy Division
Federal Law Enforcement Training Centers
1131 Chapel Crossing Road, Bldg. 681
Glynco, GA 31524

In the alternative, you may narrow the scope of your request to reduce the universe of responsive records. If you wish to narrow the scope of your request, please send an amended request and indicate the processing fee amount you are willing to pay within 10 business days from the date of this letter. You may send your amended request to the address above, or send it by facsimile to (912) 267-3113.

If we do not receive your advance payment or an amended request from you within ten (10) business days from the date of this letter, we will consider this request withdrawn, and we will administratively close your request file.

Peggy Wallace
FOIA/Disclosure Specialist
Federal Law Enforcement Training Centers (FLETC)
IT Business Management Division, Bldg. 681
Glynco, Georgia 31524
Phone: (912) 261-4512
Fax: (912) 267-3113

WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5.U.S.C. 552). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with Department of Homeland Security (DHS) policy relating to FOUO information and is not to be released to the public or other personnel who do not have need-to-know without prior approval of an authorized DHS official.

From: Shawn Musgrave

Hello,

This is an appeal of fee category for 14-049. I do not agree to pay commercial requester fees, because I am not a commercial requester. I am a journalist.

Having read the memos from Mr. Holzer of the DHS Privacy Office regarding the classification of requests submitted via MuckRock, I am aware that you may have been advised to scrutinize the fee category claims of MuckRock staff and users. That memo did not, however, indicate that all MuckRock requesters are to be considered as commercial requests, as several other DHS component offices have seen fit to do. Rather, FOIA officers are to ascertain the fee category based on individual requester characteristics.

Here are a selection of my published articles to support my claim of news media requester category (some published via the MuckRock website for public viewing without a paywall, others on other media outlet websites and in print):

https://www.muckrock.com/news/archives/2013/dec/15/boston-police-close-alpr-program/

www.bostonglobe.com/metro/2013/12/14/boston-police-suspend-use-high-tech-licence-plate-readers-amid-privacy-concerns/B2hy9UIzC7KzebnGyQ0JNM/story.html

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

http://motherboard.vice.com/blog/syracuse-home-to-an-air-force-drone-squadron-banned-drones

I'd be willing to send scans of clips or any other proof of journalistic bona fides you may require, including successful grant applications to the Fund for Investigative Journalism, clips of talks I've given at journalistic conferences or any number of other substantiating documents to confirm my chosen profession.

Per all of the above, I clearly fall within the definition of a media requester, and respectfully insist that your office revise its fee determination accordingly.

All the best,
Shawn

From: Shawn Musgrave

Ms. Jensen,

Please see below for a fee category appeal that was sent to the address indicated in your fee letter.

-Shawn

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 April 7, 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 #14-049.

Thank you for your help.

From: Jensen, Leslie A

Dear Mr. Musgrave:

Your FLETC FOIA requests (14-049 and 14-050) are pending review as we process your fee waiver appeals. We will respond to you as quickly as possible.

Sincerely,

Leslie A. Jensen
Information Management Officer (FOIA/Privacy)
IT Business Management Division, Bldg. 681
Federal Law Enforcement Training Center (FLETC)
Glynco, Georgia 31524
Phone: (912) 267-3103
FAX: (912)-267-3113
Leslie.Jensen@fletc.dhs.gov

From: Wallace, Peggy T

Dear Mr. Musgrave:

Please see your final response letter from Director Connie Patrick, FLETC, regarding your recent fee category appeals. The original letter was mailed to you today.

Peggy Wallace
FOIA/Disclosure Specialist
Federal Law Enforcement Training Centers (FLETC)
IT Business Management Division, Bldg. 681
Glynco, Georgia 31524
Phone: (912) 261-4512
Fax: (912) 267-3113

WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5.U.S.C. 552). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with Department of Homeland Security (DHS) policy relating to FOUO information and is not to be released to the public or other personnel who do not have need-to-know without prior approval of an authorized DHS official.

From: Federal Law Enforcement Training Center

A letter stating that the request appeal has been rejected.

From: Wallace, Peggy T

Dear Mr. Musgrave:

Please see attached copy of our letter to you. The original was mailed to you today.

Peggy Wallace
FOIA/Disclosure Specialist
Federal Law Enforcement Training Centers (FLETC)
IT Business Management Division, Bldg. 681
Glynco, Georgia 31524
Phone: (912) 261-4512
Fax: (912) 267-3113

WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5.U.S.C. 552). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with Department of Homeland Security (DHS) policy relating to FOUO information and is not to be released to the public or other personnel who do not have need-to-know without prior approval of an authorized DHS official.

From: Federal Law Enforcement Training Center

The request has been rejectedby the agency.

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