Cyber Intrusions: Hacktivists (WW-CYBR-CYD-SR-0057-11)

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All contents of Cyber Intrusions: Hacktivists (WW-CYBR-CYD-SR-0057-11)

As I am submitting this request in my capacity as a professional reporter, I assert that I am appropriately categorized as a media requester for the purpose of fees.

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.

Sincerely,

Shawn Musgrave

To Whom It May Concern:

I hereby appeal the denial in its entirety of the FOIA request below, which the FBI assigned tracking number 1381389-000.

On 07/14/2017, I requested the following documents: "All contents of Cyber Intrusions: Hacktivists (WW-CYBR-CYD-SR-0057-11)"

In a letter dated August 4, 2017 and postmarked on August 7, the FBI rejected my request in its entirety. The rejection letter indicated that responsive documents were being withheld pursuant to exemption b(7)(E).

In characteristic fashion — and in violation of both the spirit and letter of the Freedom of Information Act — the FBI has denied my request for records by invoking an exemption in broad fashion and without any specific explanation as to its application to the records in question. The FBI simply cited its asserted exemption and referred to a one-sheet which regurgitates the substance of all potential exemptions as codified by the FOIA. This flatly fails to meet the specificity burden the FBI has in denying me responsive documents pursuant to my request.

Nor did the FBI explain at all why the requested documents must be withheld in their entirety rather than partially redacted or portions released that are not covered by the asserted exemption. Without such justification, I am left to the conclusion that the FBI did not conduct this analysis, in violation of the agency's obligations under the statute.

Finally, the FBI's rejection letter did not outline any concrete way in which release of these records might foreseeably harm the agency's interests, as required by the "foreseeable harm" standard established in the 2016 revisions to the FOIA statute.

In light of the above, I ask that you remand this request to the FBI for a good faith search and provision of responsive documents.

Respectfully,
Shawn Musgrave