|Submitted||Feb. 15, 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:
An electronic copy of the most recently produced declassification and review guide describing the procedures and rules for reviewing, declassifying and redacting documents pursuant to Executive Order 13526. If a new copy is currently being prepared, then I request the most recent draft copy of it as well.
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.
Your request for Fee Waiver for the FOIA request DON-NAVY-2017-004086 has been denied. Additional details for this request are as follows:
* Request Created on: 02/15/2017
* Fee Waiver Disposition Reason: Information already publicly available.
* Request Long Description: Electronic copy of the most recently produced declassification and review guide .
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2811b0c3c)
* Tracking Number: DON-NAVY-2017-004086
* Requester Name: Michael Best
* Date Submitted: 02/15/2017
* Request Status: Submitted
* Description: Electronic copy of the most recently produced declassification and review guide .
03/03/2017 12:44 PM FOIA Request: DON-NAVY-2017-004086
This correspondence acknowledges receipt of and provides a final response to your Freedom of Information Act (FOIA) request for an electronic copy of the most recently produced declassification and review guide describing the procedural and rules for reviewing, declassifying and redacting documents pursuant to EO 13536. .Your request was assigned the above referenced FOIA number.
You are advised that in addition to the guidance contained in EO 12536, ONI’s implementing declassification guidance is Secretary of the Navy Manual 5510.30, Chapter 4 (SECNAV M-5510.30). This manual is publicly available on the Deputy Under Secretary of the Navy for Policy website at www.secnav.navy.mil. (http://www.secnav.navy.mil/)
Your request for a fee waiver as a member of the news media was denied as there are no fees associated processing this request.
ONI considers this request closed. If you are unsatisfied with this response, you may contact the Navy FOIA Public Liaison at DONFOIAPublicLiaison@navy.mil or by telephone at 703-697-0031. Please ensure you have your assigned FOIA number available. (mailto:DONFOIAPublicLiaison@navy.mil)
As the FOIA Manager, I am the point of contact for your request.
By direction: Ms. Jeana Watson, ONI FOIA Manager, 301-669-2048, email@example.com.
There are no files associated with this request.