Iran Government-Imposed Media Blackouts 2019-Present

Isabelle Mimeles filed this request with the Office of Science and Technology Policy (Executive Office of the President) of the United States of America.
Submitted Nov. 27, 2023
Est. Completion None
Status
Fix Required

Communications

From: Isabelle Mimeles

Subject: Freedom of Information Act Request: Iran Government-Imposed Media Blackouts 2019-Present

Email

To Whom It May Concern:

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

-Any and all documents related to technology and internet blackouts imposed by the government in Iran from 2019 to the present day (Nov. 27, 2023)
-Any and all documents produced by the United States government in relation to the Iranian government-imposed communications blackouts starting in 2019
-Information you can share about the Iranian government's use of technology and communication blackouts.

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,

Isabelle Mimeles

From: Office of Science and Technology Policy (Executive Office of the President)

Subject: RE: [EXTERNAL] Freedom of Information Act Request: Iran Government-Imposed Media Blackouts 2019-Present

Email

Dear Isabelle,

Thank you for the submission. However, it cannot be processed in its current form for the following reasons:
First, it is overly broad. It fails to identify the individual(s) at the Office of Science and Technology Policy (hereafter “OSTP”) who might have sent or received the correspondence. See OSTP Regulation, which states, in pertinent part, that:

* “[a] request must describe the records sought in sufficient detail to enable OSTP personnel to locate the records with a reasonable amount of effort. To the extent possible, a requester should include specific information that may assist OSTP personnel in identifying the requested records, such as the date, title or name, author, recipient, and subject matter of the record. In general, a requester should include as much detail as possible about the specific records or the types of records sought. 32 C.F.R.§2402.4(b).”
Second, it’s unclear whether you are trying to obtain information from the OSTP or White House Office (henceforth “WHO”). Note that while the OSTP is a component of the Executive Office of the President (hereafter “EOP”), it is not the WHO. The latter is a separate component of the EOP. Thus we do not accept FOIA requests on its behalf.

Third, the last enumerated item appears to be a question disguised as a FOIA request or would require us to create a new record to respond to it, neither is permissible under the Act. We are required to produce agency records, not answer questions or create a new record to process a request. See, “FOIA imposes no duty on [an] agency to create records," Forsham v. Harris, 445 U.S. 169, 186, 100 S. Ct. 977, 63 L. Ed. 2d 293 (1980) (citing NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 161-62, 95 S. Ct. 1504, 44 L. Ed. 2d 29 (1975)), nor to “answer questions disguised as a FOIA request," Hudgins v. IRS, 620 F. Supp. 19, 21 (D.D.C. 1985) (citing Di Viaio v. Kelley, 571 F.2d 538, 542 (10th Cir. 1978)), aff'd, 808 F.2d 137, 257 U.S. App. D.C. 242 (D.C. Cir. 1987).

Last, records from previous administrations are maintained by the National Archives and Records Administration (henceforth “NARA”). Thus, the request would have to be modified to cover the first date of the current administration through the search date.

The request needs to identify the person at OSTP who might have sent or received the communication of interest. For instance, the request could be modified as follows:

* “Any and all documents related to technology and internet blackouts imposed by the government in Iran from [the first date of the current administration] to the present day (Nov. 27, 2023) sent or received by OSTP Director, Prabhakar.”

Please review this communication and amend the request so it could be promptly processed.

Thank you.
Regards,

OSTP FOIA Team

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