EO 13587 compliance and fulfillment (Department of Justice, National Security Division)
Tracking # |
19-067 |
Multi Request | EO 13587 compliance and fulfillment |
Submitted | Nov. 18, 2018 |
Est. Completion | None |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Documents, including but not limited to emails, memos, reports, assessments, letters and summaries of meetings and/or phone calls, mentioning or generated in the process of the fulfillment of and compliance with Executive Order 13587, “Structural Reforms to Improve Sharing and Safeguarding of Classified Information on Computer Networks." This request may be limited to materials generated between the date of issue of the Executive Order and January 19, 2017 (EOD).
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as MuckRock, Motherboard, Property of the People, AND Magazine, Unicorn Riot, and more. 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 non-profits such as the library Internet Archive and and the journalist non-profit, 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.
Sincerely,
Emma Best
From: Department of Justice, National Security Division
Emma Best
MuckRock News
DEPT MR 64090
411A Highland Ave
Somerville, MA 02144-2516
Re: FOIA/PA #19-067
Dear Ms. Best:
This is to acknowledge your email dated November 19, 2018 for information pertaining to documents, including but not limited to emails, memos, reports, assessments, letters and summaries of meetings and/or phone calls, mentioning or generated in the process of the fulfillment of and compliance with Executive Order 13587, “Structural Reforms to Improve
Sharing and Safeguarding of Classified Information on Computer Networks." Our FOIA office received your Freedom of Information Act request on November 19, 2018.
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.
Sincerely,
Arnetta Mallory
Government Information Specialist
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~WRD000
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 18, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #19-067.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 18, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #19-067.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 18, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #19-067.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, National Security Division
Dear Ms. Best
The National Security Division is still conducting a search for possible responsive documents to your request. We are sorry for the delay. We will notify you once our search is complete.
Thank you
Arnetta Mallory
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From: Department of Justice, National Security Division
Emma Best
MuckRock News
DEPT MR 64090
411A Highland Ave
Somerville, MA 02144-2516
Re: FOIA/PA #19-067
Dear Ms. Best:
This is in reference to your email dated November 19, 2018 for information pertaining to documents, including but not limited to emails, memos, reports, assessments, letters and summaries of meetings and/or phone calls, mentioning or generated in the process of the fulfillment of and compliance with Executive Order 13587, “Structural Reforms to Improve
Sharing and Safeguarding of Classified Information on Computer Networks." Our FOIA office received your Freedom of Information Act request on November 19, 2018.
Unfortunately, your request is not handled in this. Your request has been administratively closed in the National Security Division.
After carefully considering your request, the FOIA office of the National
Security Division had determined that your request is possible maintained by another component of the U.S. Department of Justice. If you have any questions, you may contact the Federal Bureau of Investigation at the following address:
David M. Hardy, Chief
Record/Information Dissemination Section
Records Management Division
Federal Bureau of Investigation
Department of Justice
170 Marcel Drive
Winchester, VA 22602-4843
Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIAonline portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal."
Sincerely,
Arnetta Mallory
Government Information Specialist
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From: Department of Justice, National Security Division
Letter edited to reference Justice Management Division instead of Federal Bureau of Investigations.
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From: Department of Justice, National Security Division
October 7, 2019 Ms. Emma Best MuckRock News
411A Highland Ave
Dept. Mr 49294
Somerville, MA 02144-2516 Re: Referral from NSD regarding records about Executive Order 13587 "Structural Reforms to Improve Sharing and Safeguarding of Classified Information on Computer Networks" Assigned JMD FOIA TRACKING NUMBER: 122502 Dear Ms. Best: This is to acknowledge that while processing your Freedom o f Information Act request dated 11/19/2018 concerning the subject referenced above, the National Security Division referred matters that are of primary interest to the Justice Management Division (JMD) for processing and direct response to you. The referral was received by JMD FOIA on 9/16/2019 and assigned the JMD tracking number identified above. For your records, the National Security Division identifying tracking number was 19-067 . The Justice Management Division assigns incoming requests to one of three tracks: simple, complex, or expedited. Each request is then handled on a first-in, first-out basis in relation to other requests in the same track. Simple requests usually receive a response in approximately one month whereas complex requests necessarily take longer. At this time, your request has been assigned to the Complex track. Please note that as a general matter, records in the Department are decentralized and our response will only cover information originating with or relating to JMD. If you are seeking information originating with or relating to other components of the Department, please make a FOIA request directly to those components. If you have a question about the status of your FOIA request, you may contact this office by sending an email to JMDfoia@usdoj.gov or by calling 202-514-3101 during regular business hours (Monday through Friday, 9 a.m. to 5 p.m., Eastern Time, excluding federal holidays.) Please refer to the JMD FOIA TRACKING NUMBER whenever you contact the Department regarding this request. Sincerely, Karen E. McFadden FOIA Contact Justice Management Division
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IQFormatFile
From: Department of Justice, National Security Division
Ms. Best:
Please see the attached response to your JMD FOIA request #122502. Thank you.
Sincerely,
Karen McFadden
JMD FOIA Contact
From: Emma North-Best
I am appealing the claim that the email system is not searchable, as previously released DOJ documents establish, along with standard government procedures, that eDiscovery searches can be made.
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