EO 13587 compliance and fulfillment (Drug Enforcement Administration)
| Tracking # |
19-00159-F |
| 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: Drug Enforcement Administration
Good Afternoon Ms. Best,
Please find attached at copy of our acknowledgement letter regarding your below FOIA request. If you have any questions, you may contact our Customer Service Hotline at 202-307-7596.
Respectfully yours,
Deshelia Wallace
Supervisory Government Information Specialist
Freedom of Information/Privacy Act Unit (SARF)
(desk) 202-353-4264; (fax) 202-307-8556
FOIA/PA Main Phone Line 202-307-7596
From: Drug Enforcement Administration
Good morning Ms. Best,
Attached, you will find our response to your SARF case number 19-00159-F request. If you have any questions please feel free to contact the GIS Specialist that is listed on your letter or call the mainline 202-307-7596.
Respectfully yours,
Ms. Whitley
Program Specialist
Freedom of Information/Privacy Act Unit (SARF)
(desk) 202-353-1212; (fax) 202-307-8556
FOIA/PA Main Phone Line 202-307-7596
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19-00159-F
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 #19-00159-F.
Thanks for your help, and let me know if further clarification is needed.
From: Drug Enforcement Administration
Due to the partial shutdown, your FOIA Case number 19-00159-F there will be no further action initiated on this request until the Government re-opens.
Respectfully yours,
Jewell Carroll
Program Specialist
Freedom of Information/Privacy Act Unit (SARF)
(Desk) 202-307-4006; (fax) 202-307-8556
FOIA/PA Main Phone Line 202-307-7596
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 #19-00159-F.
Thanks for your help, and let me know if further clarification is needed.
From: Drug Enforcement Administration
Good Morning Ms. Best,
Please see the attach Status Letter on your FOI Case #19-00159-F.
Nichelle Lonon
Government Information Specialist
DEA FOI/Records Management Section (SARF)
(202) 307-7062 desk#
(202) 307-7596 Main Line#
(202) 307-8556 fax#
From: Drug Enforcement Administration
Dear Emma Best:
This letter responds to your Freedom of Information Act/Privacy Act (FOIA/PA) request dated November 19, 2018, addressed to the Drug Enforcement Administration (DEA), FOIA/PA Unit, seeking access to information regarding Executive Order 13587, “Structural Reforms to Improve Sharing and Safeguarding of Classified Information on Computer Networks.”
We regret the delay in responding to your FOIA/PA request. We are experiencing a backlog of approximately 1,900 requests, which has impacted our ability to process your request in a timelier manner.
Given the passage of time and the changing needs of requesters, this communication is to confirm whether you are still interested in the documents you requested. We ask that you please review your enclosed request and confirm your continued interest by written reply within 30 business days from the date of this communication and reference the above case number. If this office does not receive confirmation of your continued interest within the specified time frame, we will conclude that you do not wish to pursue this matter and your request will be administratively closed. In the event that we administratively close your request, you may submit a new request at any time. Please e-mail your response to DEA.FOIA@dea.gov.
Sincerely,
Yvette D. Davis, Chief
Intake Sub-Unit
FOIA/PA Unit
Drug Enforcement Administration
Telephone: (571) 776-2300
E-mail: DEA.FOIA@dea.gov
PRIVACY ACT NOTICE: This e-mail (including any attachments herein) may contain personal and privileged information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. § 552a). Any use of this information by anyone other than the intended recipient is prohibited. If you have received this communication in error, please immediately delete all copies of this information and notify me by e-mail. The use, dissemination, distribution, or reproduction of this communication by unintended recipients is not authorized and may be unlawful.
From: Emma North-Best
Yes, I am still interested in this and all other FOIA requests.
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