EOPmails (Department of Commerce)

Emma Best filed this request with the Department of Commerce of the United States of America.
Tracking # DOC-OS-2017-000561
Due March 7, 2017
Est. Completion None
Status
Awaiting Response

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: 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: 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.

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