Final Report on the "Rote Kapelle" Case (NSA via NARA with love)

Emma Best filed this request with the National Archives and Records Administration of the United States of America.
Tracking #

NARA-NGC-2018-000654

Est. Completion None
Status
Payment Required

Communications

From: Emma Best


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

A copy of Final Report on the "Rote Kapelle" Case dated February 1, 1951, Accession number 2852, released by the NSA to NARA in April 2011 (see attached).

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. 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 Internet Archive and 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: National Archives and Records Administration

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=090004d281987c36)
* Tracking Number: NARA-NGC-2018-000654
* Requester Name: Emma Best
* Date Submitted: 06/18/2018
* Request Status: Submitted
* Description: A copy of Final Report on the "Rote Kapelle" Case dated February 1, 1951, Accession number 2852, released by the NSA to NARA in April 2011 (see attached). 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. 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 Internet Archive and 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.

From: National Archives and Records Administration

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=090004d281987f06)
* Tracking Number: NARA-NGC-2018-000653
* Requester Name: Emma Best
* Date Submitted: 06/18/2018
* Request Status: Submitted
* Description: A copy of Final Report on the "Rote Kapelle" Case dated February 1, 1951, Accession number 2852, released by the NSA to NARA in April 2011 (see attached). 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. 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 Internet Archive and 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.

From: National Archives and Records Administration

Dear Ms. Best,

Thank you for submitting your Freedom of Information Act request to the
National Archives and Records Administration, via the *FOIAOnline* website.

This office handles FOIA and Privacy Act requests for the National Archives
and Records Administration's *operational *records (records created by this
agency). Because your *FOIAOnline* request, received in our office on
June 18, 2018, is for *archival* records (records that were created by or
originated in a different agency but that may have been transferred to the
legal custody of NARA), we have forwarded it to our *Office of Research
Services, Special Access and FOIA* staff who handle FOIA requests for
archival records.

Since the *Office of Research Services, Special Access and FOIA* does not
process FOIA requests through *FOIAOnline*, your request has been removed
from the *FOIAOnline* website and you will be assigned a new tracking
number by that office within the next 20 business days. If you would like
to follow up with that office directly, please contact them at the address
below, or electronically via email.

Special Access and FOIA Staff (RD-F)

8601 Adelphi Road, Room 5500

College Park, MD 20740

By phone: 301-837-3190

By fax: 301-837-1864

By email: specialaccess_foia@nara.gov

For your reference, a copy of your request is below.

Please visit our website at www.archives.gov/foia for further information
about FOIA. On our main website, www.archives.gov, you can learn more
about the resources we offer to the public, and you can access our online
catalog.

Thank you for contacting the National Archives

Sincerely,
Susan Gillett
Government Information Specialist
Office of General Counsel
National Archives and Records Administration
College Park, MD 20740-6001
301-837-3409
susan.gillett@nara.gov

---------- Forwarded message ----------
From: foia@regulations.gov <foia@regulations.gov>
Date: Tue, Jun 19, 2018 at 9:02 AM
Subject: FOIA Request Export: NARA-NGC-2018-000653
To: "susan.gillett@nara.gov" <susan.gillett@nara.gov>

Below is an export of the submitted request information for the FOIA
request NARA-NGC-2018-000653.

- *Name and Address*
- First Name: Emma
- Middle Initial:
- Last Name: Best
- Organization:
- Mailing Address Location: United States/U.S. Territories
- Address Line 1: Dept. MR56361
- Address Line 2: 411A Highland Ave.
- City: Somerville
- State/Province: MA
- Zip/Postal Code: 02144
- *Contact Information*
- E-mail Address: requests@muckrock.com
- Phone Number: 617-299-1832
- Fax Number:
- *Agency and Fee Information*
- Assigned Agency: NGC - Office of General Counsel
- Will Pay Up To: $50.00
- *Description*
- A copy of Final Report on the "Rote Kapelle" Case dated February 1,
1951, Accession number 2852, released by the NSA to NARA in
April 2011 (see
attached). 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. 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 Internet Archive and
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.
- *Fee Waiver*
- Fee Waiver Requested: No
- Fee Waiver Reason:
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:

From: National Archives and Records Administration

​​​​Dear Ms. Best,

This is in response to your Freedom of Information Act request of June 19,
2018 for records in the custody of the National Archives and Records
Administration. Your request was received in this office on June 25, 2018
and assigned FOIA case number RD 57539.

The FOIA office forwarded your request to the Textual Reference Branch
because the records you requested are open for public viewing. We conducted
a review of the records you specified in your inquiry and have located a
file titled "2852. Final Report on the Rote Kapelle Case" in the Records of
the National Security Agency (Record Group 457).

We will be pleased to provide you with reproductions of these records.
Attached is a service order (NATF Form 72) that we hope will answer your
request. If you wish to order copies of the records described on the
service order, please follow the instructions and return a copy of the form
with your remittance. If you wish to pay by using a MasterCard, VISA,
Discover, or American Express credit card, you should return a copy of the
service order (annotated with type of credit card, account number,
expiration date, and your signature) to the National Archives Trust Fund,
Cashier (BCT), The National Archives at College Park, 8601 Adelphi Road,
College Park, MD 20740-6001.

Please note that the number under “quantity” indicates the number of pages
of the file or files being offered. Our current fee for electrostatic
(paper) or digital (on disk) copies is $0.80 per page with a minimum mail
order fee of $20.00. The price quoted on the service order is only an
estimate; we will determine the actual cost at the time of copying. If your
payment does not sufficiently cover the cost of copying we will request
additional funds before releasing the reproductions. If your payment
exceeds the amount required, we will refund the balance. Your account will
be verified before copies are shipped. Allow 30-60 days for delivery.

We do not consider this a denial of your FOIA request. However, if you are
not satisfied with our action on this request, your options for appeal and
dispute resolution are outlined below.

Sincerely,

JACOB LUSK
Archives Specialist, Archives II Textual Reference (RDT2)
National Archives at College Park, MD

*__________________________________________________*

*FOIA Appeal and Dispute Resolution Options*

You have the right to file an administrative appeal in writing via regular
U.S. mail or email. Your appeal should be received within ninety (90)
calendar days from the date of this letter and it should explain why you
believe this response does not meet the requirements of the Freedom of
Information Act. Please address it to the Deputy Archivist of the United
States (ND), National Archives and Records Administration, 8601 Adelphi
Road, College Park, Maryland 20740. Both the letter and the envelope
should be clearly marked “Freedom of Information Act Appeal.” You may also
submit your appeal to FOIA@nara.gov also addressed to the Deputy Archivist.
All correspondence should reference your internal case tracking number RD
55779.

In addition to your right to file an administrative appeal with the Deputy
Archivist, you may seek assistance from our FOIA Public Liaison (FPL), Ann
Cummings, Access Coordinator. Contact information for the FOIA Public
Liaison at the National Archives, Washington DC area is as follows:

Accessioned Executive Branch Agency Records - Washington, DC Area
FOIA requester Service Center telephone number: 301-837-3190
FOIA Public Liaison: Ann Cummings
8601 Adelphi Road, Room 2600
College Park, MD 20740-6001
Telephone: 301-837-1931
E-mail address: DC.FOIA.LIAISON@NARA.GOV

Finally, the Office of Government Information Services (OGIS) offers
mediation services to resolve disputes between FOIA requesters and Federal
agencies as a non-exclusive alternative to administrative appeals. Using
OGIS services does not affect your right to pursue an administrative
appeal. The contact information for OGIS is as follows:

Office of Government Information Services
National Archives and Records Administration
Room 2510
8601 Adelphi Road
College Park, MD 20740-6001
E-mail: ogis@nara.gov
Telephone: 202-741-5770
Facsimile: 202-741-5769
Toll-free: 1-877-684-6448

From: National Archives and Records Administration

Dear Ms. Best,

This is to inform you that your FOIA Request NARA-NGC-2018-000654,
submitted to our office via *FOIAonline *on June 18, 2018 was an exact
duplicate of your FOIA Request NARA-NGC-2018-000653 submitted on the same
day. [This can happen when you hit the submit button more than once while
FOIAonline is still processing a request.] The duplicate has been removed
from FOIAonline.

Your request NARA-NGC-2018-000654 for the Rote Kapelle Case report was
forwarded to our Special Access and FOIA Office for processing on June 19,
2018 and you received notification of this on June 19, 2018.

Sincerely,

Susan Gillett
Government Information Specialist
Office of General Counsel
National Archives and Records Administration
College Park, MD 20740-6001
301-837-3409
susan.gillett@nara.gov

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