Inspector General infosec audits etc. 1996-2016.5 (Federal Communications Commission Office of the Inspector General)

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=FCC-2019-000490&type=request)
* Tracking Number: FCC-2019-000490
* Requester Name: Emma Best
* Date Submitted: 06/05/2019
* Request Status: Submitted
* Description: Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of records mentioning or describing audits, reviews, investigations or reports regarding the agency's cyber security, including audits or investigations regarding the state of the agency's cyber security regarding potential attacks as well as audits and investigations conducted in the wake of a suspected or actual cyber attack, hacking incident or breach. Please include materials generated between 1 January 1996 and 30 June 2016.
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.

Dear Ms. Best,

Please find attached the response letter to your FOIA request submitted June 5, 2019. All 50 responsive documents are listed in the response letter and are available on the FCC website. Links are included in the response letter. If you have any questions, my contact information is below in my signature.

Sincerely,
Wendy Hadfield
Paralegal Specialist
Office of Inspector General
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Office: 202-418-1384
Cell: 202-734-1034
Fax: 202-418-2811
E-mail: Wendy.Hadfield@fcc.gov<mailto:Wendy.Hadfield@fcc.gov>

Your request for Fee Waiver for the FOIA request FCC-2019-000490 has been determined to be not applicable as the request is not billable. Additional details for this request are as follows:
* Request Created on: 06/06/2019
* Request Description: Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of records mentioning or describing audits, reviews, investigations or reports regarding the agency's cyber security, including audits or investigations regarding the state of the agency's cyber security regarding potential attacks as well as audits and investigations conducted in the wake of a suspected or actual cyber attack, hacking incident or breach. Please include materials generated between 1 January 1996 and 30 June 2016.
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.

* Fee Waiver Original Justification: 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 in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. 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 library Internet Archive and the journalist non-profit 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. Further, 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 isin 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.
* Fee Waiver Disposition Reason: N/A