Deleted Tweets on @JTFGTMO & Records Related to Its Deactivation

Re: Freedom of Information Act Request

Dear Freedom of Information Officer:

This is a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, to the U.S. Department of Treasury on my own behalf as a journalist and as an academic researcher.

Requested Records

In 2017, the social media managers of @JTFGTMO deleted hundreds of tweets, as I have detailed in Slate (https://slate.com/technology/2018/04/why-did-the-joint-task-force-of-guantanamo-start-deleting-tweets.html?via=recirc_recent); as of October 1, 2019, the feed appeared to be entirely inactive.
I request all agency records from May 2010 to the present concerning Tweets deleted or drafted and not sent from the @JTFGTMO account associated with Joint Task Force; my request also includes all records, emails, tweets, and other communications that relate to the closing and deactivation of the @JTFGTMO Twitter feed.
I believe the records that I are located, inter alia, within agency headquarters, in email records, and in third-party platforms used to manage the Agency’s social media accounts.

The records I request include, but are not limited to:
1. Records of all tweets deleted by the Twitter handle associated with @JTFGTMO including:
a. Any tweets that were published on Twitter between May 2010 and the date of its deactivation
b. Any tweets that were subsequently deleted for any reason; and
c. Any tweets published by other accounts that were retweeted by @JTFGTMO and subsequently deleted for any reason.
2. Records of all tweets that have been kept in draft form beyond their expected date and time of publication, on Twitter or in a third-party social media management platform, for any reason.
3. Records related to the drafting or deletion of tweets, including:
a. Any correspondence or record of correspondence regarding the drafting or deletion of specific tweets and/or of the Twitter handle as a whole:
i. including correspondence sent through official government email addresses or messaging services; and
ii. including correspondence sent through private third-party services such as Gmail or Slack; and
iii. Including any messages, notes, or annotations created on a third-party social media management platform.
b. Documentation of the agency’s existing policy regarding the preservation and maintenance of tweets as per the Federal Records Act, and Federal Records Management Bulletin 2014-02 (available at https://www.archives.gov/records-mgmt/bulletins/2014/2014-02.htm), which stated that “social media content may be a Federal record when the use of social media provides added functionality, such as enhanced searchability, opportunities for public comment, or other collaboration… A complete Federal record must have content, context, and structure along with associated metadata (e.g., author, date of creation). The complete record must be maintained to ensure reliability and authenticity.”
c. Any briefings, reports, memoranda, legal opinions, policy statements, or talking points used or disseminated within the Agency regarding the drafting or deletion of tweets.
I urge the U.S. Southern Command to process this request consistent with “a general philosophy of full agency disclosure [under FOIA] unless information is exempted under clearly delineated statutory language,” United States Dep't of Def. v. Fed. Labor Relations Auth., 510 U.S. 487, 494 (1994), and the Justice Department’s policy directing a presumption of disclosure. See Dep’t of Justice Office of Information Policy, President Obama’s FOIA Memorandum and Attorney General Holder’s FOIA Guidelines: Creating a “New Era of Open Government” (2009), available at https://www.justice.gov/oip/blog/foia-post-2009-creating-new-era-open-government).

Request for Public Interest Fee Waiver
I request a waiver of fees because disclosure of the requested records is in the public interest. It “is likely to contribute significantly to the public understanding of the activities or operations of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii).

First, the records concern the operations or activities of the government. Government social media accounts are used to disseminated information to the public, make official pronouncements, and generally serve as an important touch point for governments to receive public input. See Social Media Use by Governments: A Policy Primer to Discuss Trends, Identify Policy Opportunities and Guide Decision Makers, OECD Working Papers on Public Governance, available at https://dx.doi.org/10.1787/5jxrcmghmk0s-en. Social media use, including tweets posted by @JTFGTMO] and then deleted, or never posted, is an important part of this activity.

Disclosure of the requested information is likely to contribute significantly to public understanding of the operations or activities of the government. Specifically, the requested records will reveal substantial new information about how the U.S. Southern Command defines and manages tweets. They will allow the public to see what published messages have been rescinded and the process by which these public statements were retracted as compared to the processes employed by other agencies. For example, my research on the Twitter account of the Guantanamo Bay Naval Base revealed to the public that the account had systematically deleted controversial tweets. See Brady Dale, To What Extent is a Tweet a Federal Record?, TECHNICAL.LY BROOKLYN (October 24, 2017), (https://technical.ly/brooklyn/2017/10/24/muira-mccammon-talks-gitmo-radical-networks/).
Finally, the records are not primarily in my own commercial interest. I seek the requested information for newsgathering purposes, and expect to incorporate it into journalistic work product to be disseminated to the public, like those already produced. See Muira Mccammon, Trouble @JTFGTMO, SLATE (April 17, 2018), https://slate.com/technology/2018/04/why-did-the-joint-task-force-of-guantanamo-start-deleting-tweets.html; Muira Mccammon, Can They Really Delete That?, SLATE (April 17, 2018).

For the reasons above, I respectfully request that the U.S. Southern Command grant a public interest fee waiver for this request, and that all fees related to the search, review, and duplication of the requested records be waived. If the fees will not be waived, I agree to pay up to $100 for the processing of this request. If the estimated fees will exceed this limit, please inform me before you begin processing.

Request for “News Media” Fee Status
As a freelance journalist, I am a representative of the news media and do not seek the records requested for commercial use. Therefore, if the agency does not find that my request meets the standards required for a public interest fee waiver, I request that fees associated with the processing of my request be limited to reasonable duplication costs. 5 U.S.C. § 552(a)(4)(A)(ii)(II).
I am a representative of the news media because I “gather[] information of potential interest to a segment of the public, use[] [my] editorial skills to turn the raw materials into a distinct work, and distribute[] that work to an audience.” Id. § 552(a)(4)(A)(ii)(II). I can “demonstrate a solid basis for expecting publication… by a… past publication record.” Id. § 552(a)(4)(A)(ii)(II).
My work has been featured in publications including Slate, VICE, the Massachusetts Review, Kill Screen, and more. I have previously requested documents obtained via FOIA from a range of federal agencies and government officials regarding the deletion of tweets from official Twitter accounts. I used that information to write a series of articles outlining both how individual agencies decided whether or not to delete tweets and more broadly how the government regards Twitter statements. These articles have been published, disseminated, and further reported upon to a broad audience. See Muira Mccammon, Trouble @JTFGTMO, SLATE (April 17, 2018), https://slate.com/technology/2018/04/why-did-the-joint-task-force-of-guantanamo-start-deleting-tweets.html; Muira Mccammon, Can They Really Delete That?, SLATE (April 17, 2018), https://slate.com/technology/2018/04/why-did-the-joint-task-force-of-guantanamo-start-deleting-tweets.html..
Therefore, if this request is not classified as being in the public interest, I respectfully request to be classified as a “news media” requester for purposes of fee assessments.

***
I request that responsive electronic records be provided electronically in their native file format, if possible. See 5 U.S.C. § 552(a)(3)(B). I further request that you provide an estimated date on which you will finish processing this request. See 5 U.S.C. § 552(a)(6)(B).
Thank you for your consideration of this request. As per 5 U.S.C. § 552(a)(6)(A)(i), I expect your determination on whether to comply with this request within twenty (20) days. If you have any questions or concerns, please do not hesitate to contact me at the email address listed below.

Yours,
Muira McCammon

39 Lawton Road
Hilton Head Island, South Carolina, 29928
Primary email: muira.n.mccammon@gmail.com
Secondary email: muira.mccammon@asc.upenn.edu

Mr. Villalobos,

With respect, I'm writing to ask for some clarity. Today, you also sent my colleague, Mr. Latif Naser, an email, which said that due to COVID delays it was going to take an additional "60 to 90 days to complete ... review" before *he* might have a chance of getting his documents. In my case, you've articulated that due to COVID, it's going to take an "additional 10 months to complete our work" before *I* might have a chance of getting the documents I'm seeking.

I do journalistic work, as I've stated in previous emails to you, for Slate, VICE, and elsewhere; I am also enrolled as a Ph.D. candidate at the University of Pennsylvania, from where I also hold a law degree.

Given this comparative information, can you explain/justify to me why my request is being treated this way?

Thank you,

Muira McCammon

Hi, Mr. Villalobos,

Thanks for your response. I honestly cannot imagine what it is like working in a FOIA office and generally really do not complain about the timeline, but what prompted this message is that it seems that there is a very big difference between a "60 to 90 day" delay due to COVID and a 10 month one. I understand, however, that Mr. Nasser in this case, it seems, filed his request months before mine, but the comparative data was still somewhat disconcerting. I definitely understand that COVID necessitates delays, probably considerable delays, but I wanted to flag this concern, given that Mr. Nasser and I are both seeking records from Guantanamo (JTF). Thus, my assumption was that the delay would be of equal length, and that's in large part why I was surprised. Thank you again for your assistance and guidance, and I will look forward to getting those documents down the road. Please do not hesitate to be in touch should you have specific questions about the request, once/when you get to it.

Muira

Dear Mr. Villalobos,

I just wanted to write briefly. Over the past few months, you've been alluding to the existence of shortfalls, which have required clarification. It seems that getting clarification has taken a few months, and I was wondering if you saw an end in sight.

Thank you so much,
Muira McCammon

Dear Mr. Villalobos,

I just wanted to write briefly. Over the past few months, you've been alluding to the existence of shortfalls, which have required clarification. As it is now 2021, and this request was initially filed on October 1, 2019, I wanted to see if those shortfalls had been resolved yet.

Hoping that you are finding a way to stay safe and COVID-free in these distressing times,
Muira McCammon

Dear Mr. Villalobos,

I am writing in regards to FOIA request SC 20-001-S., which was initially filed on October 1, 2019. Can you possibly relay the status of the request?

Thank you,
Muira McCammon
M.L., University of Pennsylvania Law School
PhD candidate, University of Pennsylvania Annenberg School for Communication

Dear Mr. Villalobos,

I am writing in regards to FOIA request SC 20-001-S., which was initially filed on October 1, 2019. As it has now been over 1.5 years since the original filing date, can you possibly relay the status of the request?

Thank you,
Muira McCammon
M.L., University of Pennsylvania Law School
PhD candidate, University of Pennsylvania Annenberg School for Communication