EO 13587 compliance and fulfillment (Drug Enforcement Administration)

Emma North-Best filed this request with the Drug Enforcement Administration of the United States of America .
Tracking #


Multi Request EO 13587 compliance and fulfillment
Due Dec. 17, 2018
Est. Completion None
Awaiting Response


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.


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

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: 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#