|Submitted||Feb. 13, 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:
Certain issues within the purview and activity of CFTC have been of interest to Hill offices, and that the CFTC congressional relations staff has met with Hill offices to provide briefing materials on these issues, and to discuss these issues.
I respectfully request a copy of the most recent “Hill briefing material” (materials provided to Hill offices when questions arise, for example the most recent time the issue was discussed with a Hill office in each case) on each of these issues:
De minimis threshold level
Harmonization – International and Domestic
Extraterritorial application of rules
Electronic Communications Privacy Act (ECPA)
Whistleblower Office – general operations and use of resources
“Bad Actor” Waivers
Source Code and Regulation Automated Trading (RegAT)
Data and Transparency related matters
Position Limits and Bona Fide Hedge Exemptions
Credit Risk Transfers
End-User related concerns
Live Cattle Futures
And a copy of the briefing sent to the staff of Senators Warren, Warner and Rep. Cummings on the Derivatives Oversight and Taxpayer Protection Act, approximately June/July 2016.
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.
Re: Request for a Copy of Recent Hill Briefing Material and a Copy of Briefing Sent to the Staff of Senators Warren, Warner, and Rep. Cummongs on the Derivatives Oversight and Taxpayer Protection Act approximately June/July 2016
Dear Mr. Best:
We have received your Freedom of Information Act (FOIA) request, dated February 13, 2017, for the information described above. You will receive a response to your request as soon as staff has completed its search for responsive records. P lease contact the CFTC FOIA Office if you have any questions concerning your request or its status at 202-418-5497 or FOIAsubmissions@cftc.gov . Please refer to the control number (17-00057-FOIA) that has been assigned when making your inquiry.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 13, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
The attached is in response to your request dated February 14, 2017.
Linda J. Mauldin
Paralegal Specialist, FOIA Liaison
Office of General Counsel – General Law
U.S. Commodity Futures Trading Commission
1155 21st Street, NW | Washington, DC 20581 |Tel: 202.418.5497