HotPluggedIn

Martin Peck filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking # 1333239-000
Status
Completed

Communications

From: Martin Peck

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

The number of "HotPlug" forensic power override devices or equivalent in use or purchased by the Bureau. This is to include official CRU® WiebeTech® HotPlug™ systems or equivalent forensic power override systems by other suppliers. Please include processing notes for this request, even if request is denied in part.

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 fees cannot be waived, 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, DVD-R, or BD-R 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,

Martin Peck

From: Sobonya, David P. (RMD) (FBI)

Dear Mr. Peck,

The FBI has received your Freedom of Information Act/Privacy (FOIPA) request and it will be forwarded to Initial Processing for review. Your request will be processed under the provisions of FOIPA and a response will be mailed to you at a later date.

Requests for fee waivers and expedited processing will be addressed once your request has been assigned an FOIPA request number. You will receive written notification of the FBI’s decision.

Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov<http://www.fbi.gov>/, http://www.fbi.gov/foia/ or http://www.justice.gov/oip. If you require additional assistance please contact the Public Information Officer.

Thank you,

David P. Sobonya
Public Information Officer/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

From: Federal Bureau of Investigation

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

From: Martin Peck

I agree to pay any and all search, review, and duplication fees up to a maximum of $100. If fees are expected beyond this amount, please notify of the scale anticipated. Thank you.

From: Martin Peck

Please recognize the following payment in anticipation of processing fees for this request:
Your payment is complete
Pay.gov Tracking ID: 25MMNKFA
Agency Tracking ID: 74850302161
Form Name: FBI Freedom of Information Act and Privacy Act Payment Form
Application Name: FBI FOIA

From: FOIPAQUESTIONS

Dear Mr. Peck,

Please check the status of your FOIPA Request at http://www.fbi.gov and access the (Freedom of Information Act) link at the bottom of the page, or http://www.fbi.gov/foia, or http://vault.fbi.gov/fdps-1@@search-fdps, and follow the instructions below.

Check the Status of Your FOIPA Request

If your FOIPA Number is [1195846-0] please enter [1195846-000] into the system. If your FOIPA Number is [1195846-1] please enter [1195846-001] into the system. If you have any questions about the status of your FOIPA request, please e-mail foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>.

FIND STATUS OF FOIPA- LAST UPDATED ON August 5, 2015

Please enter the whole FOIPA number-Example: [1234567-000]

FOIPA:

Results will show the Request Number, Case Type and Process Description shown below:

FOIPA:

1234567-000

Case Type:

FOIPA

Process Description (Will display the current progress of the request)

The FBI’s FOIPA Program is searching the FBI’s indices for potentially responsive documents.

You may be contacted via formal letter for all fees and/or negotiation issues that may apply.
NOTE: Recent requests are entered into the FOIPA database in the order that they are received. Before you can check the status, you must have received correspondence assigning a FOIPA request number and the information transferred to the online database. Status information is updated weekly. If a request has been closed within the last six months the online database will display the following: The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file.

Thank you,

Lauren McGuinn
Public Liaison/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997
E-mail: foiparequest@ic.fbi.gov<mailto:foiparequest@ic.fbi.gov>
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at http://www.fbi.gov/foia by clicking on the CHECK STATUS OF YOUR FOI/PA REQUEST under the FOIA INDEX located on the right side of the page. Status updates are performed on a weekly basis.

From: FOIPAQUESTIONS

Dear mr. Peck,

The FBI has received your additional correspondence regarding your Freedom of Information Act/Privacy (FOIPA) request and it has been forwarded to the assigned analyst for review. If appropriate, a response will be forthcoming.

Additional information regarding the FOIPA may be accessed at http://www.fbi.gov/ or http://www.fbi.gov/foia/.

If you require additional assistance please contact me.

Thank you,

Lauren McGuinn
Public Liaison/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997
E-mail: foiparequest@ic.fbi.gov<mailto:foiparequest@ic.fbi.gov>
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at http://www.fbi.gov/foia by clicking on the CHECK STATUS OF YOUR FOI/PA REQUEST under the FOIA INDEX located on the right side of the page. Status updates are performed on a weekly basis.

From: Gordon Lawson, Christine D. (RMD) (FBI)

Mr. Martin Peck,

Good morning. I am contacting you regarding the above mentioned FOIA request. While our agency has received your payment of $100.00, we are processing a refund to you since no fees are due at this time. Per our correspondence to you dated July 24, 2015, our agency determined that this is a commercial use request and noted the search, duplication, and review fees related to this request. Further, page 3 of this correspondence noted that you "must notify us in writing within 30 days from the date of this letter your willingness to pay search, duplication, and review fees."

At this time, I am asking for a written submission in response to this correspondence. Please advise our office if you are either: (1) Willing to pay search, review, and duplication fees? If so, please specify the amount you are willing to pay $ ______; or (2) If you would like to cancel your request.

Failure to respond to in writing by Friday, August 28, 2015 will result in closure of this FOIA request. Thanks for your assistance and have a wonderful Wednesday.

Christine Gordon Lawson, J. D.
Expert Government Information Specialist
Federal Bureau of Investigation - RMD
Ph: 540.868.4573
Fax: 540.868.4997

From: Martin Peck

This is a written response regarding payment for FOIA request 1333239-000.
Please be advised that I am NO LONGER WILLING TO PAY FEES and contest the notion of my request being "commercial use".

Observe that in August, 2015 D.C. Circuit Judge Merrick Garland emphasized that web-based publishers are as entitled to waivers as newspapers, that outlets without a following by a broad swath of the general public can qualify for waivers and that organizations that pass analyzed government documents to media outlets can be classified as members of the news media under the federal public records law.

"There is nothing in the statute that specifies the number of outlets a requester must have, and surely a newspaper is not disqualified if it forsakes newsprint for (or never had anything but) a website," Garland wrote in an opinion joined by Judges Janice Rogers Brown and David Sentelle. "There is no indication that Congress meant to distinguish between those who reach their ultimate audiences directly and those who partner with others to do so..."
- http://www.cadc.uscourts.gov/internet/opinions.nsf/EF1DE205B4E1264685257EAC004EF78C/$file/13-5335-1569545.pdf

The results of my FOIA requests have been incorporated into popular reporting in the technical press and wider media, proving the value of this information to the public and my ability to ultimately reach the public audience through partner organizations.
Thank you.

From: Gordon Lawson, Christine D. (RMD) (FBI)

Mr. Peck,

Good morning. I appreciate your prompt attention to my prior email. I would like to note that the letter you received dated for July 24, 2015 categorizing your FOIA request #1333239 for commercial use was mailed out in error. Please accept our sincerest apologies for any inconvenience. Although the appropriate correspondence is forthcoming, the decision to deny your request for a fee waiver for FOIA request #1333239 will remain the same. You may opt to assert appeal rights for agency reconsideration of your request for a fee waiver upon receipt of written notification of the FBI’s decision. Thanks for your time and have a fantastic Friday.

Kindest regards,
Christine Gordon Lawson, J. D.
Expert Government Information Specialist
Federal Bureau of Investigation - RMD
Ph: 540.868.4573
Fax: 540.868.4997

From: Federal Bureau of Investigation

An acknowledgement letter, stating the request is being processed.

From: Martin Peck

Thank you Christine for a prompt reply and apology regarding the mix up on fees!

I apologize for my tone as well, which was needlessly antagonistic. Let me know if there is anything I can do to facilitate this request.

Best regards,
Martin Peck

From: Gordon Lawson, Christine D. (RMD) (FBI)

FOIPA Request Status Check
You can now check the status of your FBI FOIPA request online by simply entering your FOIPA Request Number that was provided to you after receipt of your request at https://www.fbi.gov/foia/

From: Gordon Lawson, Christine D. (RMD) (FBI)

FOIPA Request Status Check
You can now check the status of your FBI FOIPA request online by simply entering your FOIPA Request Number that was provided to you after receipt of your request at https://www.fbi.gov/foia/

From: Gordon Lawson, Christine D. (RMD) (FBI)

FOIPA Request Status Check
You can now check the status of your FBI FOIPA request online by simply entering your FOIPA Request Number that was provided to you after receipt of your request at https://www.fbi.gov/foia/

From: Federal Bureau of Investigation

A copy of documents responsive to the request.

From: Federal Bureau of Investigation

A cover letter granting the request and outlining any exempted materials, if any.

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