EOPmails (United States Customs and Border Protection)

Emma Best filed this request with the United States Customs and Border Protection of the United States of America.
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: CBPFOIA@cbp.dhs.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=090004d281155836)
* Tracking Number: CBP-2017-029308
* Requester Name: Michael Best
* Date Submitted: 02/06/2017
* Request Status: Submitted
* Description: "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".

From: CBPFOIA@cbp.dhs.gov

Michael Best
411A Highland Ave Somerville MA 02144-2516

Dear Michael Best:

This automated notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 02/06/2017.     Please use the following unique FOIA tracking number CBP-2017-029308 to track the status of your request.  If you have not already done so, you must create a FOIAonline account at https://foiaonline.regulations.gov.  This is the only method available to check the status of your pending FOIA request. (https://foiaonline.regulations.gov/)

Provisions of the Act allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS FOIA regulations outlined on the DHS website, http://www.dhs.gov/xfoia/editorial_0579.shtm. By submitting your request, you have agreed to pay up to $25.00 in applicable processing fees, if any fees associated with your request exceed this amount, CBP shall contact you; however, the first 100 pages are free. (http://www.dhs.gov/xfoia/editorial_0579.shtm)

CBP’s FOIA Division is working hard to reduce the amount of time necessary to respond to FOIA requests.  Currently, the average time to process a FOIA request related to "travel/border incidents" is a minimum of 6 months. We truly appreciate your continued patience.

For additional information please consult CBP FOIA website please click on FOIA Act Resources or visit (http://www.cbp.gov/site-policy-notices/foia) http://www.cbp.gov/site-policy-notices/foia. (http://www.cbp.gov/site-policy-notices/foia)


Thank you,

From: Michael Best

I request you contact me with a page count estimate before proceeding with duplication. I may be agreeable to negotiation at that point. As a member of the news media, I am not to be charged for searches.

From: CBPFOIA@cbp.dhs.gov

Michael Best
411A Highland Ave
Somerville MA 02144-2516
Dear Michael Best:
This automated notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received in the mail from you on 02/06/2017.  Please use the following unique FOIA tracking number CBP-2017-029308 to track the status of your request.

In the future, please submit your FOIA requests to CBP electronically.  It’s very easy to do, and there are many reasons why filing online is the most expeditious way to submit a FOIA request.
How to submit a FOIA request electronically to U.S. Customs and Border Protection (CBP)?

To submit a FOIAonline request online simply go to your search engine (i.e., google, etc.) and type FOIAonline, then hit enter.  That will take you to the FOIAonline site.  From there, press the green button on the right “ Create an Account” and follow the prompts to create a FOIAonline account, then press the green button in the middle " Make a FOIA Request" and follow the prompts to submit a FOIA request.
Submitting a FOIA request online is the preferred method (vs. postal mail) for many reasons:

* You will immediately receive a unique FOIA tracking number and acknowledgment that your FOIA request was received by CBP.
* You will be able to track your FOIA request any day/any time through your FOIAonline account.
* You will receive an email to retrieve responsive records or document via your FOIAonline account, when records or documents become available.
* You can view all of your historical FOIA requests via the " dashboard" in your FOIAonline account.
FOIAs requests for travel records require: 1) subject’s name, 2) subject’s date of birth, and 3) third party consent (if applicable).

From: CBPFOIA@cbp.dhs.gov

The FOIA request CBP-2017-029308 has had its Tracking Number changed to CBP-OIT-2017-029308. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: CBP-2017-029308
* New Tracking Number: CBP-OIT-2017-029308
* Requester Name: Michael Best
* Date Submitted: 02/06/2017
* Long Description: "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".

From: CBPFOIA@cbp.dhs.gov

The FOIA request CBP-OIT-2017-029308 has had its Tracking Number changed to CBP-2017-029308. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: CBP-OIT-2017-029308
* New Tracking Number: CBP-2017-029308
* Requester Name: Michael Best
* Date Submitted: 02/06/2017
* Long Description: "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".

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