Joint OAM-USCG Maritime UAS CONOPS (CBP)

Shawn Musgrave filed this request with the United States Customs and Border Protection of the United States of America.

It is a clone of this request.

Est. Completion None
Status
Awaiting Appeal

Communications

From: Shawn Musgrave

To Whom It May Concern:

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

The Joint OAM-USCG Maritime UAS CONOPS.

In a February 2015 appeal determination (attached) for FOIA #CBP-2014-044308, a portion of which pertained to the above document, Ms. Suzuki wrote the following:

"We have learned that a copy of your initial FOIA request was forwarded to the Coast Guard (USCG), that they have responded to that request with respect to the Joint OAM-USCG Maritime UAS CONOPS, and that you have appealed the initial decision which did not release the document to you. Accordingly, because you have already filed an appeal of this request with the appropriate office, we will administratively close that portion of the appeal you had lodged with CBP."

While this is true, a joint CONOPS document between the CBP's OAM and the USCG should be subject to release by either agency. My having submitted a request for the same document to USCG does not impact CBP's ability to release the same. Furthermore, USCG's frankly shoddy handling of that request and subsequent appeal further underscores the onus on CBP to review and release the document request above.

I furthermore request a fee waiver and media requester status on the basis of my work as a journalist who has covered drones and CBP extensively. Here is a selection of articles I have published on MuckRock as well as in national media outlets, the first of which pertains to CBP's history of drone use, in particular:

https://www.muckrock.com/news/archives/2015/jan/12/how-843-lbs-seized-pot-lead-customs-and-border-pro/

https://www.muckrock.com/news/archives/2015/mar/03/us-marshals-service-conceal-key-details-millions-s/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/12/fbi-and-justice-department-cant-find-drone-privacy/

https://www.muckrock.com/news/archives/2015/jan/22/air-force-knows-how-many-mq-9-drones-it-wants-cant/

I have also been published in a number of national media outlets on topics including drones and other matters pertaining to homeland security:

http://motherboard.vice.com/read/the-us-spent-360-million-on-border-drones-thanks-to-this-flimsy-report

http://motherboard.vice.com/read/the-air-force-says-it-needs-precisely-52-new-reaper-drones-cant-explain-why

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

www.betaboston.com/news/2014/03/05/a-vast-hidden-surveillance-network-runs-across-america-powered-by-the-repo-industry/

https://www.thedailybeast.com/articles/2015/02/05/nypd-social-media-policy-allows-catfishing-with-the-proper-paperwork.html

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://news.vice.com/article/fbi-agent-who-killed-boston-bombing-suspects-friend-was-twice-accused-of-police-brutality

In recognition of my extensive publication on drones and other matters pertaining to homeland security, I have been classified as a media requester by other Department of Homeland Security components. I have attached two such acknowledgement letters here, and they can also be found online at the following URLs:

https://muckrock.s3.amazonaws.com/foia_files/2015-HQFO-00168_Acknowledgement_Letter.pdf

https://muckrock.s3.amazonaws.com/foia_files/Ack_-_Conditional_Grant_-_Fee_Waiver_Media.pdf

The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not being made for commercial usage.

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.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Shawn Musgrave

Hello -

This request has not been acknowledged since its submission in March, per my records. Please advise immediately as to its status, and provide a tracking number.

Best,
Shawn Musgrave

From: Shawn Musgrave

To Whom It May Concern:

This is an appeal for constructive denial of the below FOIA request. Out of politeness and deference to CBP's caseload, I have submitted numerous requests for CBP to confirm receipt of my request. Having received no reply, I hereby request that you remand this FOIA to CBP for good faith search and provision of responsive documents, in keeping with the agency's obligations under the FOIA.

Respectfully,
Shawn Musgrave

From: SUZUKI, SHARI

Dear Mr. Musgrave,

I cannot find the initial request (email below dated March 6, 2015) in CBP’s tracking system. It appears it was not received.

However, based on a review of the initial request it sounds like you are basically appealing the appeal decision issued in AP 2015-004667. I am not sure you can appeal an appeal decision….
However, I have opened an appeal. Your new appeal case number is AP 2016-013567.

I have created this appeal from the initial request you submitted designated 2014-019835 (which is the same request that the previous appeal was created from).
Regards,

Shari Suzuki, Chief
FOIA Appeals, Policy & Litigation Branch
Regulations and Disclosure Law Division
Office of International Trade
U.S. Customs & Border Protection
90 K Street NE
Washington DC 20229-1177
Direct Dial 202.325.0121
Fax 202.325.0153

From: Shawn Musgrave

Ms. Suzuki -

Thank you for your reply. Per my records, I have received no acknowledgement for this wholly separate request for CBP's copy of the CONOPS. If the document is, as its citation in numerous other documents suggests, truly a "joint" document between CBP and USCG, then CBP has within its custody a copy of this document.

The present appeal is for constructive denial of the present request by virtue of CBP's refusal to acknowledge the request, provide a unique tracking identifier, and provide an estimated date of completion.

Thank you for your help with this request, and please let me know if I can provide any clarification for the present appeal.

Best,
Shawn Musgrave

From: Shawn Musgrave

FOIA Appeals, Policy and Litigation Branch
U.S. Customs and Border Protection
90 K Street, NE
Washington, D.C. 20229

To Whom It May Concern:

This is an appeal for constructive denial of the below request. Despite having submitted it a number of times via the appropriate channels, I have not received any response. Please remand this request to the CBP FOIA office good faith search and provision of responsive documents, in keeping with the agency's obligations under the FOIA.

Respectfully,
Shawn Musgrave

From: SUZUKI, SHARI

Dear Mr. Musgrave,
I just wanted to let you know I received your email below. I’ve assigned this appeal to Peter Lynch. He is out of the office this week. Hopefully can review it when he gets back next week.
Regards,
Shari

Shari Suzuki, Chief
FOIA Appeals, Policy & Litigation Branch
Regulations and Disclosure Law Division
Office of International Trade
U.S. Customs & Border Protection
90 K Street NE
Washington DC 20229-1177
Direct Dial 202.325.0121
Fax 202.325.0153

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