Justice Department ESU: All issues of "Electronic Surveillance Issues"

Shawn Musgrave filed this request with the Department of Justice, Criminal Division of the United States of America.
Tracking #

CRM-300490831

Est. Completion None
Status
No Responsive Documents

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:

All past issues of "Electronic Surveillance Issues", a manual produced by the Electronic Surveillance Unit.

Per documents released by the EOUSA (see https://www.aclu.org/sites/default/files/pdfs/freespeech/cellfoia_release_074138_20081106.pdf, p9): "The ESU publishes two manuals, regularly updated and posted on USABook: the "Electronic Surveillance Manual" [...] and "Electronic Surveillance Issues", http://10.173.2.12/usao/eousa/ole/usabook/esis."

A 2005 issue of this manual is posted on the Justice Department reading room (see http://www.justice.gov/criminal/foia/docs/elec-srvlnce-issuse.pdf).

Given that this FOIA is submitted in my capacity as a journalist who has covered the Justice Department extensively, I request that I be categorized as a media requester for the purpose of fees. Here is a selection of my published articles on MuckRock:

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 pertaining to national security, law enforcement and technology:

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

As 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 pertains to a matter of considerable public interest, I further request a full waiver of all fees.

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,

Shawn Musgrave

From: CRM FOIA

Please see the attached, which is this Office’s acknowledgement of your request. If you have any questions, please contact the FOIA/PA Unit at 202-616-0307 for further assistance.
Thank you,
FOIA/PA Unit
Criminal Division
U.S. Department of Justice

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 June 18, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #CRM-300490831.

Thank you for your help.

From: Sprung, Peter

Shawn,
This is to confirm today’s phone conversation regarding the following outstanding FOIA requests:
1. 300487006 – I stated that we withheld records similar to those sought in this request in ACLU-No. Cal. V. DOJ, 13-cv-3127 (N.D. Cal.). You agreed that we could close this request on the basis of that representation.
2. 300488696 – I stated that, in view of the age of the document you identified (1994) and the fact that it is no longer in use and has been superseded, it would be extremely difficult for us to locate responsive documents without an unreasonable burden. You agreed that we could close this request on the basis of that representation.
3. 300490831 – I stated that we would check whether there was a previous version of the publication identified in your request and get back to you.
Sincerely,
Peter

Peter C. Sprung
Trial Attorney
Office of Enforcement Operations
Criminal Division
1301 New York Avenue NW, 11th floor
Washington, D.C. 20007
202-305-4042 (office)
202-262-7639 (mob.)

From: Sprung, Peter

Shawn,
This is to confirm today’s phone conversation regarding the following outstanding FOIA requests:
1. 300487006 – I stated that we withheld records similar to those sought in this request in ACLU-No. Cal. V. DOJ, 13-cv-3127 (N.D. Cal.). You agreed that we could close this request on the basis of that representation.
2. 300488696 – I stated that, in view of the age of the document you identified (1994) and the fact that it is no longer in use and has been superseded, it would be extremely difficult for us to locate responsive documents without an unreasonable burden. You agreed that we could close this request on the basis of that representation.
3. 300490831 – I stated that we would check whether there was a previous version of the publication identified in your request and get back to you.
Sincerely,
Peter

Peter C. Sprung
Trial Attorney
Office of Enforcement Operations
Criminal Division
1301 New York Avenue NW, 11th floor
Washington, D.C. 20007
202-305-4042 (office)
202-262-7639 (mob.)

From: Shawn Musgrave

Peter -

Thank you for continuing to check as to whether other issues of "Electronic Surveillance Issues" are available. I have closed out the other two requests in our system.

Best,
Shawn

From: Sprung, Peter

Ok thanks for the update Shawn.
Regards,
Peter

Peter C. Sprung
Trial Attorney
Office of Enforcement Operations
Criminal Division
1301 New York Avenue NW, 11th floor
Washington, D.C. 20007
202-305-4042 (office)
202-262-7639 (mob.)

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 June 18, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #CRM-300490831.

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

From: CRM FOIA

Good Morning,

Please see the attached, which is this Office's final response to your request. If you have any questions, please contact the FOIA/PA Unit at 202-616-0307 for further assistance.

Thank you,
FOIA/PA Unit
Criminal Division
U.S. Department of Justice

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