Matthew M. Aid (National Security Agency)

Emma North-Best filed this request with the National Security Agency of the United States of America.
Tracking #

105061

Status
Rejected

Communications

From: Emma North-Best


To Whom It May Concern:

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

Records, including but not limited to security files, investigations, memos, emails, reports, Intellipedia pages and other records and including but not limited to ones generated in the press office or the director's office, relating to or mentioning Matthew M. Aid (1958–2018).

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.

Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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,

Emma Best

  • Matthew20M.20Aid2C20independent20researcher20who20wrote20a20history20of20the20NSA2C_xo4H6H7.pdf

From:

An acknowledgement letter, stating the request is being processed.

From: National Security Agency

Dear Ms. Best:

We received your FOIA request of 30 August 2018 for "[r}ecords, including but not limited to security files, investigations, memos, emails, reports, Intellipedia pages and other records and including but not limited to ones generated in the press office or the director's office, relating to or mentioning Matthew M. Aid (1958-2018)." Your request has been assigned Case Number 105061. We are uncertain of the records you seek. More detail is required for us to determine the appropriate files to search to find the material you request. Please review the attached letter for complete details and respond, within 30 days of this email, clarifying your request.

v/r
FOIA Case Officer
NSA Freedom of Information Division
(301) 688-6527

From: Emma North-Best

I am appealing the determination - five years after filing the request - that the request was not adequately described, or that the Agency would have to search records for the years of the man's birth. This premise is predicated upon the NSA performing the search in the most incompetent way possible.

From: National Security Agency

A letter stating that the request appeal has been received and is being processed.

From: National Security Agency

A letter stating that the request appeal has been rejected.

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