Documents regarding the Vulnerabilities Equities Process (DOJ)

Runa A. Sandvik filed this request with the Department of Justice, National Security Division of the United States of America.
Tracking # MRUFOIA051314-6 ; AP - 2014 - 03601
Est. Completion None
Status
No Responsive Documents

Communications

From: Runa A. Sandvik

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request all guidelines, presentations, policy statements, legal opinions, memoranda, briefs, training manuals, emails, records and any other documents including communications and procurements relating to the Vulnerabilities Equities Process. Responsive documents may be held by the National Security Division.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. I am a published independent reporter and a current contributor to Forbes (http://www.forbes.com/sites/runasandvik/). I have also had my journalism published on domestic and international blogs.

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,

Runa A. Sandvik

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 13, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MRUFOIA Requests

Runa A. Sundvik,

Please see the attached response to your FOIA request. Please note, your request has been assigned tracking number EMRUFOIA051314-6.
Thanks

MRU FOIA

From: MuckRock

Hello,

Per the attached, this request has been transferred to the National Security Division. Please confirm.

Thank you.

From: Gleaves, Lani (NSD)

Runa A. Sandvik
MuckRock News
Dept. MR 9476
P.O. Box 55819
Boston, MA 02205-5819

Re: FOIA/PA # 14-127

Dear Ms. Sandvik:

This is to acknowledge receipt of your email dated May 27, 2014 referred by the Mail Referral Unit, seeking "all guidelines, presentations, policy statements, legal opinions, memoranda, briefs, training manuals, emails, records and any other documents including communications and procurements relating to the Vulnerabilities Equities Process." Our FOIA office received your Freedom of Information request on May 29, 2013.

Our policy is to process FOIA requests on a first-in, first-out basis. Consistent with this policy, every effort will be made to respond to your request as quickly as possible. The actual processing time will depend upon the complexity of the request, whether it involves sensitive or voluminous records, and whether consultations with other agencies or agency components are appropriate.

Also, you requested a waiver of processing fees. Your reason for a fee waiver does not meet the fee waiver threshold. Therefore, your request for a fee waiver has been denied. It has been determined that you are an "all other use" requester. As such, we will process your request up to the first 100 pages and the first two hours of search time at no charge. If after processing the free portion, additional information exists, you will be notified and given the opportunity to provide an agreement to pay fees for the additional information.

If you have any questions concerning your request, feel free to contact me on (202) 233-0754. Thank you in advance for your continuing patience.

Sincerely,

Arnetta Mallory

Arnetta Mallory
FOIA Coordinator

From: Gleaves, Lani (NSD)

Gleaves, Lani (NSD) would like to recall the message, "FOIA Request FOIA/PA #14-127 Sandvik".

From: Gleaves, Lani (NSD)

Gleaves, Lani (NSD) would like to recall the message, "FOIA Request FOIA/PA #14-127 Sandvik".

From: Gleaves, Lani (NSD)

Runa A. Sandvik
MuckRock News
Dept. MR 9476
P.O. Box 55819
Boston, MA 02205-5819

Re: FOIA/PA # 14-127

Dear Ms. Sandvik:

This is to acknowledge receipt of your email dated May 27, 2014 referred by the Mail Referral Unit, seeking "all guidelines, presentations, policy statements, legal opinions, memoranda, briefs, training manuals, emails, records and any other documents including communications and procurements relating to the Vulnerabilities Equities Process." Our FOIA office received your Freedom of Information request on May 29, 2014.

Our policy is to process FOIA requests on a first-in, first-out basis. Consistent with this policy, every effort will be made to respond to your request as quickly as possible. The actual processing time will depend upon the complexity of the request, whether it involves sensitive or voluminous records, and whether consultations with other agencies or agency components are appropriate.

Also, you requested a waiver of processing fees. Your reason for a fee waiver does not meet the fee waiver threshold. Therefore, your request for a fee waiver has been denied. It has been determined that you are an "all other use" requester. As such, we will process your request up to the first 100 pages and the first two hours of search time at no charge. If after processing the free portion, additional information exists, you will be notified and given the opportunity to provide an agreement to pay fees for the additional information.

If you have any questions concerning your request, feel free to contact me on (202) 233-0754. Thank you in advance for your continuing patience.

Sincerely,

Arnetta Mallory

Arnetta Mallory
FOIA Coordinator

From: Runa A. Sandvik

To Whom It May Concern:

I am a published independent reporter and a current contributor to Forbes (http://www.forbes.com/sites/runasandvik/). I have also had my journalism published on domestic and international blogs.

According to 5 U.S.C. 552(a)(4)(A)(ii), codifying the ruling of Nat'l Security Archive v. Dept of Defense, 880 F.2d 1381 (D.C. Cir. 1989), the term "a representative of the news media" means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.

I have a clear intent to "publish or otherwise disseminate information to the public." Id. at 1386 (quoting the following legislative history):

1) It is critical that the phrase "representative of the news media" be broadly interpreted if the act is to work as expected. . . . In fact, any person or organization which regularly publishes or disseminates information to the public . . . should qualify for waivers as a "representative of the news media." 132 Cong. Rec. S14298 (daily ed. Sept. 30, 1986).

2) "A request by a reporter or other person affiliated with a newspaper, magazine, television or radio station, or other entity that is in the business of publishing or otherwise disseminating information to the public qualifies under this provision." 132 Cong. Rec. H9463 (Oct. 8, 1986).

Therefore, in accordance with the Freedom of Information Act and relevant case law, I, Runa A. Sandvik, should be considered a representative of the news media and as such I am also requesting a public interest fee waiver.

Sincerely,

Runa A. Sandvik

From: Department of Justice, National Security Division

A no responsive documents response.

From: Runa A. Sandvik

To the DOJ Freedom of Information Act Appeal Authority,

This letter constitutes a formal appeal under the U.S. Freedom of Information and Privacy Acts (5 U.S.C. 552/552a) and the regulations promulgated thereunder.

Along with a letter dated June 5, 2014, the DOJ responded to my request for documents relating to the Vulnerabilities Equities Process by saying no responsive records were found. You had assigned the request reference number #14-127.

The DOJ performed an inadequate search for records responsive to my request, which is violative of the FOIA. I hereby appeal the DOJ inadequate search for records responsive to my request and request that the DOJ conduct a new complete and thorough search for all guidelines, presentations, policy statements, legal opinions, memoranda, briefs, training manuals, emails, records and any other documents including communications and procurements relating to the Vulnerabilities Equities Process.

Sincerely,

Runa A. Sandvik

From: OIP-NoReply

THIS MESSAGE IS SENT FROM AN UNATTENDED ID. DO NOT REPLY TO THIS MESSAGE

From: OIP-NoReply


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