Journalist impersonation at federal law enforcement agencies (National Park Service)

Hi Jessica,

I am routing this request to you for processing. Let me know if it turns
out another office needs to search for responsive records.

As usual I've cc'd the requester so they know who will be handling their
request.

Thanks,

C.

____________________

Ms. Charis Wilson, PhD, CRM
NPS FOIA Officer
12795 W. Alameda Parkway
PO Box 25287
Denver, CO 80225-0287
303-969-2959
Fax: 303-969-2557
1-855-NPS-FOIA
npsfoia@nps.gov <charis_wilson@nps.gov>

---------- Forwarded message ----------
From: <requests@muckrock.com>
Date: Fri, Jul 20, 2018 at 9:00 AM
Subject: [EXTERNAL] Freedom of Information Act Request: Journalist
impersonation at federal law enforcement agencies (National Park Service)
To: npsfoia@nps.gov

National Park Service
FOIA Office
P.O. Box 25287
12795 West Alameda Parkway
<https://maps.google.com/?q=12795+West+Alameda+Parkway+Denver,+CO+80225&entry=gmail&source=g>
Denver, CO 80225
<https://maps.google.com/?q=12795+West+Alameda+Parkway+Denver,+CO+80225&entry=gmail&source=g>

July 20, 2018

To Whom It May Concern:

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

All records such as policies, manuals, guidelines, and directives,
including but not limited to electronic records, concerning undercover
operations or activities in which a person may act as a member of the news
media or infiltrate media organizations. This request includes, but is not
limited to, the guidelines and policies related to criminal and national
security operations review committees, and records relating to agency
undercover impersonation applications and approval processes, including
assessment of the need for an undercover operation. This request includes
but is not limited to undercover operations involving impersonation of
journalists or members of the news media, or such records relating to
agency infiltration of media organizations. This request includes such
records relating to any sensitive circumstances of undercover operations,
including those that may require additional review (and records relating to
those review processes).

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,

Parker Higgins

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/accounts/agency_login/
national-park-service-70/journalist-impersonation-at-
federal-law-enforcement-agencies-national-park-service-58400/?uuid-login=
df698256-254b-4904-a16b-42a054a541bd&email=npsfoia%40nps.gov#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 58400
411A Highland Ave
<https://maps.google.com/?q=411A+Highland+Ave+Somerville,+MA+02144&entry=gmail&source=g>
Somerville, MA 02144
<https://maps.google.com/?q=411A+Highland+Ave+Somerville,+MA+02144&entry=gmail&source=g>
-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.

Mr. Higgins,

Your request has been received and has been assigned tracking number
NPS-2018-00994. All future correspondence relating to this request should
reference this tracking number.

We have classified you as a representative of the news media. As such, we
may charge you for some of our duplication costs, but we will not charge
you for our search or review costs; you also are entitled to up to 100
pages of photocopies (or an equivalent volume) for free. See 43 C.F.R. §
2.39. If, after taking into consideration your fee category entitlements,
our processing costs are less than $50.00, we will not bill you because the
cost of collection would be greater than the fee collected. See 43 C.F.R.
§ 2.37(g)

In response to your request dated July 20, 2018, should we find that fees
associated with processing your request exceed $50.00, we will tell you
before incurring any charges and ask you to either agree to pay the amount
needed or narrow the scope of your

In accordance with 43 CFR 2.15
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#se43.1.2_115>
the
National Park Service processes requests on a first-in, first-out basis
within several processing tracks. Your request has been placed in the
"normal" track. There are currently 17 "normal" requests ahead of this
request in the processing queue.

You should expect our response by August 16, 2018. If you do not receive
our response by that date you may file an appeal by writing to:

Freedom of Information Act Appeals Officer
Office of the Solicitor
U.S. Department of the Interior
1849 C Street, NW
MS-6556-MIB,
Washington, D.C. 20240
foia.appeals@sol.doi.gov

Your failure-to-timely-respond appeal may be filed anytime after the
estimated response date provided above and the date we issue our final
response. The appeal should be marked, both on the envelope and the face of
the appeal letter, with the legend "FREEDOM OF INFORMATION APPEAL." Your
appeal should be accompanied by a copy of your original request and copies
of all correspondence between yourself and the National Park Service
related to this request, along with any information you have which leads
you to believe our response to be in error. Note, any appeal received
after 5 p.m. EST will be considered to have been received on the next
business day.

Sincerely,

Jessica C. McHugh
WASO FOIA Liaison
202-354-1449
waso_foia_requests@nps.gov
--
_________________

Jessica McHugh
WASO FOIA Liaison
202-354-1449
waso_foia_requests@nps.gov

Dear Mr. Higgins:

This letter is in response to your Freedom of Information Act (FOIA) request dated July 20, 2018, in which you requested

“All records such as policies, manuals, guidelines, and directives, including but not limited to electronic records, concerning undercover operations or activities in which a person may act as a member of the news media or infiltrate media organizations. This request includes, but is not limited to, the guidelines and policies related to criminal and national security operations review committees, and records relating to agency undercover impersonation applications and approval processes, including assessment of the need for an undercover operation. This request includes but is not limited to undercover operations involving impersonation of journalists or members of the news media, or such records relating to agency infiltration of media organizations. This request includes such records relating to any sensitive circumstances of undercover operations, including those that may require additional review (and records relating to those review processes)”.

Your request was processed in accordance with the Freedom of Information Act (5 U.S.C. §552) and the Department of Interior’s FOIA regulations (43 CFR Part 2).

The National Park Service office of Security and Emergency Services has located no records in response to your request for records related to agency personnel being undercover as news media, or infiltrating media organizations.

Upon further review, your request for policies, manuals, guidelines, and directives for undercover operations is granted in part and denied in part. We have identified 1 file, totaling 42 pages, which has been attached to this response. However, portions of 41 pages are being withheld under Exemption 7(E).

Exemption 7(E) protects law enforcement records if their release would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law. For the materials that have been withheld under 7(E), we have determined that they are this sort of procedures for law enforcement investigations.

Pursuant to regulation, 43 CFR 2.24, the following person is responsible for this denial:

Jessica McHugh
WASO FOIA Liaison

Additionally the following attorney was consulted during the preparation of this response:

Jason Waanders, Attorney Advisor, Office of the Solicitor
U.S. Department of the Interior, Philadelphia, PA

You have the right to appeal this denial of your request. You may file an appeal by writing to:

Freedom of Information Act Appeals Officer
Office of the Solicitor
U.S. Department of the Interior
1849 C Street, NW
MS-6556-MIB,
Washington, D.C. 20240
foia.appeals@sol.doi.gov

Your appeal must be received no later than 90 workdays after the date of this final response. The appeal should be marked, both on the envelope and the face of the appeal letter, with the legend "FREEDOM OF INFORMATION APPEAL." Your appeal should be accompanied by a copy of all correspondence with the National Park Service. You should also include an explanation of why you believe the National Park Service’s response was in error. Appeals arriving on or delivered after 5 p.m. ET., Monday through Friday, will be deemed received on the next workday.

Also as part of the 2007 OPEN Government Act FOIA amendments, the Office of Government Information Services (OGIS) was created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a nonexclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation.

You may contact OGIS in any of the following ways:

Office of Government Information Services (OGIS)
National Archives and Records Administration
Room 2510
8601 Adelphi Road
College Park, MD 20740-6001

E-mail: ogis@nara.gov
Phone: 301-837-1996
Fax: 301-837-0348
Toll-free: 1-877-684-6448

Additionally, because the National Park Service creates and maintains law enforcement records, we are required by the Department of Justice to provide the following information, even though it may or may not apply to your specific request. Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c) (2006 & Supp. IV 2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that we are required to give all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

Please do not hesitate to contact me with any further questions. You can reach me at the address above or by e-mail at Jessica_McHugh@nps.gov or via phone at 202-354-1449.

Sincerely,

Jessica McHugh
WASO FOIA Liaison
202-354-1449
waso_foia_requests@nps.gov

Dear Mr. Higgins:

This letter is in response to your Freedom of Information Act (FOIA)
request dated July 20, 2018, in which you requested

“All records such as policies, manuals, guidelines, and directives,
including but not limited to electronic records, concerning undercover
operations or activities in which a person may act as a member of the news
media or infiltrate media organizations. This request includes, but is not
limited to, the guidelines and policies related to criminal and national
security operations review committees, and records relating to agency
undercover impersonation applications and approval processes, including
assessment of the need for an undercover operation. This request includes
but is not limited to undercover operations involving impersonation of
journalists or members of the news media, or such records relating to
agency infiltration of media organizations. This request includes such
records relating to any sensitive circumstances of undercover operations,
including those that may require additional review (and records relating to
those review processes)”.

Your request was processed in accordance with the Freedom of Information
Act (5 U.S.C. §552) and the Department of Interior’s FOIA regulations (43
CFR Part 2).

The National Park Service office of Security and Emergency Services has
located no records in response to your request for records related to
agency personnel being undercover as news media, or infiltrating media
organizations.

Upon further review, your request for policies, manuals, guidelines, and
directives for undercover operations is granted in part and denied in part.
We have identified 1 file, totaling 42 pages, which has been attached to
this response. However, portions of 41 pages are being withheld under
Exemption 7(E).

Exemption 7(E) protects law enforcement records if their release would
disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement
investigations or prosecutions if the disclosure could reasonably be
expected to risk circumvention of the law. For the materials that have been
withheld under 7(E), we have determined that they are this sort of
procedures for law enforcement investigations.

Pursuant to regulation, 43 CFR 2.24, the following person is responsible
for this denial:

Jessica McHugh

WASO FOIA Liaison

Additionally the following attorney was consulted during the preparation of
this response:

Jason Waanders, Attorney Advisor, Office of the Solicitor

U.S. Department of the Interior, Philadelphia, PA

You have the right to appeal this denial of your request. You may file an
appeal by writing to:

Freedom of Information Act Appeals Officer

Office of the Solicitor

U.S. Department of the Interior

1849 C Street, NW

MS-6556-MIB,

Washington, D.C. 20240

foia.appeals@sol.doi.gov

Your appeal must be received no later than 90 workdays after the date of
this final response. The appeal should be marked, both on the envelope and
the face of the appeal letter, with the legend "FREEDOM OF INFORMATION
APPEAL." Your appeal should be accompanied by a copy of all correspondence
with the National Park Service. You should also include an explanation of
why you believe the National Park Service’s response was in error. Appeals
arriving on or delivered after 5 p.m. ET., Monday through Friday, will be
deemed received on the next workday.

Also as part of the 2007 OPEN Government Act FOIA amendments, the Office of
Government Information Services (OGIS) was created to offer mediation
services to resolve disputes between FOIA requesters and Federal agencies
as a nonexclusive alternative to litigation. Using OGIS services does not
affect your right to pursue litigation.

You may contact OGIS in any of the following ways:

Office of Government Information Services (OGIS)

National Archives and Records Administration

Room 2510

8601 Adelphi Road

College Park, MD 20740-6001

E-mail: ogis@nara.gov

Phone: 301-837-1996

Fax: 301-837-0348

Toll-free: 1-877-684-6448

Additionally, because the National Park Service creates and maintains law
enforcement records, we are required by the Department of Justice to
provide the following information, even though it may or may not apply to
your specific request. Congress excluded three discrete categories of law
enforcement and national security records from the requirements of the
FOIA. See 5 U.S.C. 552(c) (2006 & Supp. IV 2010). This response is limited
to those records that are subject to the requirements of the FOIA. This is
a standard notification that we are required to give all our requesters and
should not be taken as an indication that excluded records do, or do not,
exist.

Please do not hesitate to contact me with any further questions. You can
reach me at the address above or by e-mail at Jessica_McHugh@nps.gov
<charis_wilson@nps.gov> or via phone at 202-354-1449.

Sincerely,

Jessica McHugh
WASO FOIA Liaison
202-354-1449
waso_foia_requests@nps.gov