EOPmails (Department of Commerce)
| Tracking # |
DOC-OS-2017-000561, DOC-OS-2018-001249 DOC-OS-2017-000561 |
| Submitted | Feb. 6, 2017 |
| Est. Completion | None |
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Communications
From: Michael Best
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
a copy of all emails from the domain EOP.gov to senior managers encompassed within the required agency system for retaining emails of senior officials. Frequently this records management policy/system is described by the name Capstone.
https://www.archives.gov/records-mgmt/grs/grs06-1-faqs.html
If the agency has not yet established NARA-compliant email retention procedures, then I instead request an electronic search of the mailboxes of agency senior managers for all emails that include the EOP.gov phrase in the FROM address.
I limit this request to the time period January 20, 2017 to the present.
I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. 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 the non-profit Internet Archive, 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 such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore 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,
Michael Best
From: efoia@doc.gov
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d28114c0f9)
* Tracking Number: DOC-OS-2017-000561
* Requester Name: Michael Best
* Date Submitted: 02/06/2017
* Request Status: Submitted
* Description: Under the provisions of the Freedom of Information Act, I request records from the following electronic search: A copy of all emails from the domain EOP.gov to senior managers encompassed within the required agency system for retaining emails of senior officials. Frequently this records management policy/system is described by the name Capstone. https://www.archives.gov/records-mgmt/grs/grs06-1-faqs.html If the agency has not yet established NARA-compliant email retention procedures, then I instead request an electronic search of the mailboxes of agency senior managers for all emails that include the EOP.gov phrase in the FROM address. I limit this request to the time period January 20, 2017 to the present. This is a request in the news media fee category. I agree to pay up to $25 for applicable fees if necessary. I request that documents be provided in electronic form if possible.
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 Feb. 6, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DOC-OS-2017-000561.
Thanks for your help, and let me know if further clarification is needed.
From: Davis, James (Contractor)
Dear Mr. Best,
We are in receipt of your email seeking the status of your FOIA. We have tasked the request to all of our 14 Bureaus and we anticipate that we will receive search results within the next two weeks and we will immediately pass them on to you as soon as we receive them. Thank you for your continued cooperation and patience.
James H. Davis
FOIA Analyst
202-482-8064
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 Feb. 6, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DOC-OS-2017-000561.
Thanks for your help, and let me know if further clarification is needed.
From: Davis, James (Contractor)
Dear Mr. Best,
Thank you for your update request. We are still awaiting responses from some Bureaus. Additionally, as of now, we have not completed our review of response documents. We will endeavor to provide you with the results of as quickly as they become available. Thank you for your cooperation and continued patience.
James H. Davis
FOIA Analyst
202-482-8064
From: efoia@doc.gov
Your request for Fee Waiver for the FOIA request DOC-OS-2017-000561 has been fully granted. Additional details for this request are as follows:
* Request Created on: 02/06/2017
* Fee Waiver Disposition Reason: N/A
* Request Long Description: Under the provisions of the Freedom of Information Act, I request records from the following electronic search: A copy of all emails from the domain EOP.gov to senior managers encompassed within the required agency system for retaining emails of senior officials. Frequently this records management policy/system is described by the name Capstone. https://www.archives.gov/records-mgmt/grs/grs06-1-faqs.html If the agency has not yet established NARA-compliant email retention procedures, then I instead request an electronic search of the mailboxes of agency senior managers for all emails that include the EOP.gov phrase in the FROM address. I limit this request to the time period January 20, 2017 to the present. This is a request in the news media fee category. I agree to pay up to $25 for applicable fees if necessary. I request that documents be provided in electronic form if possible.
From: Department of Commerce
11/14/2017 04:04 PM FOIA Request: DOC-OS-2017-000561
Please see attached a Still Interested Letter.
From: Department of Commerce
DOC-OS-2017-000561 has been processed with the following final disposition: Other -- Admin close - still interested letter.
From: Emma North-Best
I am appealing the decision to close the request due to a Still Interested letter not being answered in 30 days after the Agency took months to reach out at all.
From: Department of Commerce
04/19/2018 02:12 PM FOIA Request: DOC-OS-2017-000561
Mr. Best,
The Deparment of Commerce has received your request to reopen your FOIA request. This request is now reopened and records will be released when they become available. Thank you for your patience.
From: Department of Commerce
DOC-OS-2018-001249 has been processed with the following final disposition: Your apppeal has been processed as moot. Please see attached final disposition letter.
From: Department of Commerce
See Correspondence Attachment
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