JLENS incident

Sam Biddle filed this request with the NORAD Public Affairs Office of the United States of America.
Tracking # 16-R-066
Status
Rejected

Communications

From: Sam Biddle

To Whom It May Concern:

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

All emails sent to, from, and within NORAD regarding the October 28th untethering of a JLENS aerostat at Aberdeen Proving Ground.

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 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,

Sam Biddle

From: NORAD-USNC Peterson AFB N-NC SPECIAL STAFF Mailbox CSKA (FOIA) OMB

Classification: UNCLASSIFIED

2 November 2015

Mr. Biddle,

NORAD Public Affairs forwarded the subject FOIA request to our office. It has
been assigned USNORTHCOM FOIA case number 16-R-066. Attached is our letter of
acknowledgement.

Kris

KRISTINA L. ROTH, Civ, DAFC
Chief, FOIA and Privacy Act Requester Service Center
NORAD and USNORTHCOM Chief of Staff
250 Vandenberg St, Ste B016
Peterson AFB, CO 80914-3817
Coml (719) 554-7185 / DSN 692-7185

From: NORAD-USNC Peterson AFB N-NC SPECIAL STAFF Mailbox CSKA (FOIA) OMB


None

From: NORAD-USNC Peterson AFB N-NC SPECIAL STAFF Mailbox CSKA (FOIA) OMB

Classification: UNCLASSIFIED

14 December 2015

Mr. Biddle,

Response to the subject request was sent on 10 November 2015. I have
reattached our response.

Kris

KRISTINA L. ROTH, Civ, DAFC
Chief, FOIA and Privacy Act Requester Service Center NORAD and USNORTHCOM
Chief of Staff
250 Vandenberg St, Ste B016
Peterson AFB, CO 80914-3817
Coml (719) 554-7185 / DSN 692-7185

From: Sam Biddle

Hello Kris—the letter you have attached reads "USNORTHCOM final response to the subject request assigned USNORTHCOM FOIA case number 16-R-066 is attached." Attached where? I don't see any final response notice. Can you please advise?

Thank you,
Sam

From: NORAD-USNC Peterson AFB N-NC SPECIAL STAFF Mailbox CSKA (FOIA) OMB

Classification: UNCLASSIFIED

15 December 2015

Mr. Biddle,

I have reattached the document. It is called 16-R-066 Response.pdf. Please let me know if you do not see the attachment.

Kris

KRISTINA L. ROTH, Civ, DAFC
Chief, FOIA and Privacy Act Requester Service Center
NORAD and USNORTHCOM Chief of Staff
250 Vandenberg St, Ste B016
Peterson AFB, CO 80914-3817
Coml (719) 554-7185 / DSN 692-7185

From: MuckRock

Hello Ms. Roth,

Thank you for your message. Unfortunately, it appears that each response received from your office contains only, seemingly, a pdf copy of the thread of communications related to this request and an encrypted email signature. Is this correct? If so, could you please pass along whatever response your letter states is attached?

Thanks so much.

From: NORAD-USNC Peterson AFB N-NC SPECIAL STAFF Mailbox CSKA (FOIA) OMB

Classification: UNCLASSIFIED

21 December 2015

Mr. Biddle,

The attachment should be a one-page letter signed by our Initial Denial Authority, Major General Charles D. Luckey. I will put a copy of the response letter in the mail as attaching it as a pdf document does not appear to be working. I apologize for the delay.

Kris

KRISTINA L. ROTH, Civ, DAFC
Chief, FOIA and Privacy Act Requester Service Center NORAD and USNORTHCOM Chief of Staff
250 Vandenberg St, Ste B016
Peterson AFB, CO 80914-3817
Coml (719) 554-7185 / DSN 692-7185

From: NORAD Public Affairs Office

The request has been rejectedby the agency.

From: NORAD-USNC Peterson AFB N-NC SPECIAL STAFF Mailbox CSKA (FOIA) OMB

Classification: UNCLASSIFIED

20 January 2016

Mr. Biddle,

USNORTHCOM sent its response electronically on 10 November 2015. We also mailed a response to the address provided after your inquiry on 21 December 2015. If you have not received the mailed response by 29 January 2016 please contact me and I will mail it again.

Kris

KRISTINA L. ROTH, Civ, DAFC
Chief, FOIA and Privacy Act Requester Service Center NORAD and USNORTHCOM Chief of Staff
250 Vandenberg St, Ste B016
Peterson AFB, CO 80914-3817
Coml (719) 554-7185 / DSN 692-7185

From: Sam Biddle

Hello, the response you provided on November 10th was just a PDF copy of our email exchange here, not an actual response to my FOIA request.

From: Sam Biddle

Hello, the response you provided on November 10th was just a PDF copy of our email exchange here, not an actual response to my FOIA request.

From: NORAD-USNC Peterson AFB N-NC SPECIAL STAFF Mailbox CSKA (FOIA) OMB

Classification: UNCLASSIFIED

Mr. Biddle,

Some of our attachments have not been readable by requesters. I've reattached our response letter. The name of the pdf file is 16-R-066 Response letter.pdf.

Please let me know if you cannot open it.

Kris

KRISTINA L. ROTH, Civ, DAFC
Chief, FOIA and Privacy Act Requester Service Center
NORAD and USNORTHCOM Chief of Staff
250 Vandenberg St, Ste B016
Peterson AFB, CO 80914-3817
Coml (719) 554-7185 / DSN 692-7185

From: Sam Biddle

The following was issued by CINCNORAD in January 1996:

"NORAD, while not subject to the US FOIA or Canadian ATIA, is still a military organization funded by the taxpayers of both nations and, as such, should follow the spirit and intent of both laws. Therefore, it is HQ NORAD policy that US FOIA and Canadian ATIA requests be processed and the information or records requested be provided unless they meet guidelines for non-release due to security classification. "

Are you saying that the records I'm requesting "meet guidelines for non-release due to security classification"? Otherwise, it would appear that you are required to "follow the spirit and intent" of the FOIA and search for responsive records as I've requested.

Sam Biddle

From: NORAD-USNC Peterson AFB N-NC SPECIAL STAFF Mailbox CSKA (FOIA) OMB

Classification: UNCLASSIFIED

4 April 2016

Mr. Biddle,

USNORTHCOM provided a response to your request assigned USNORTHCOM FOIA case number 16-R-066 on 10 November 2015. We have also provided a copy of the response on 21 December 2015 and mailed a hard copy of the response the same day. Our response is attached again for your reference.

If you are not satisfied with our response, you have the right to appeal to the appellate authority, Ms. Joo Chung, Director of Oversight and Compliance, by writing directly to:
Director of Oversight and Compliance
9010 Defense Pentagon
Washington DC 20301-9010.

Your appeal must be postmarked within 60 calendar days of the date of this response. Alternatively, you may also submit your appeal electronically, within 60 calendar days of the date of this response, at the following link: http://pal.whs.mil/palMain.aspx. Your appeal should cite our case number, and be clearly marked "Freedom of Information Act Appeal" on the request.

Kris

KRISTINA L. ROTH, Civ, DAFC
Chief, FOIA and Privacy Act Requester Service Center NORAD and USNORTHCOM Chief of Staff
250 Vandenberg St, Ste B016
Peterson AFB, CO 80914-3817
Coml (719) 554-7185 / DSN 692-7185

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