|Submitted||May 30, 2018|
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Documentation describing the email system(s) used by your agency, including the procedures and methods for performing searches of the email system.
I am a member of the news media and request classification as such. I have previously written about the government and its activities. I have a reasonable expectation of publication and my editorial and writing skills are well established. I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, 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 my primary purpose is to inform about government activities by reporting on it and making the raw data available, I 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.
The U.S. Department of the Treasury has received the information you submitted to the FOIA@TREASURY.gov<mailto:FOIA@TREASURY.gov> mailbox.
If you are submitting a FOIA request, this courtesy reply does not replace the acknowledgement letter which will include a FOIA case number once your request has been entered into our FOIA Request Tracking System.
If you are seeking the status of a pending FOIA request for which you have a FOIA case number, please call (202) 622-0930 to obtain the status of your request.
Please visit our FOIA Library at http://www.treasury.gov/FOIA/Pages/reading_room.aspx.
Thank you for contacting the U.S. Department of the Treasury.
Treasury acknowledges the receipt of your recently submitted FOIA request.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 30, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2018-06-001.
Thanks for your help, and let me know if further clarification is needed.
I will be out of the office until July 10, 2018. You may contact the FOIA Hotline number at 2026-622-0930 or via e-mail at: FOIA@treasury.gov.
Please be advised that your recently submitted FOIA request has been administratively closed. You can submit a new request describing the records you seek, proving as much information as possible to FOIA@Treasury.gov<mailto:FOIA@Treasury.gov>.
I am appealing the decision to close the request. As shown on https://www.muckrock.com/foi/united-states-of-america-10/email-system-documentation-55054/, no communications were received on the date given. It is impossible to respond to requests that are not received.
This email is in response to your August 30, 2018 email addressed as a follow up appeal. Please note that FOIA request 2018-06-001 is currently active with Department of the Treasury. Please note that the FOIA case which was closed is 2018-05-189 which you attached to the email transmitting the appeal.