It is a clone of this request.
|Multi Request||MuckRock emails|
|Submitted||May 29, 2018|
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of all emails containing the terms "MuckRock", "Muck Rock" or "MuckRock.com", excluding emails sent to or from a MuckRock.com email address. Please include the complete email exchange for each email, including any emails that are being replied to as well as any subsequent replies.
I am a member of the news media and request classification as such. I have previously written about the government and its activities. I have a reasonable expectation of publication and my editorial and writing skills are well established. 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.
Dear Emma Best,
Case Number 2018-02738-F has been assigned to the request you submitted. In all future correspondence regarding this request please reference case number 2018-02738-F. To review your submission, please log into your account: https://efoia.milcloud.mil/App/Index.aspx.
Air Force FOIA Requester Service Center
Dear Emma Best,
The status of your FOIA request #2018-02738-F has been updated to the following status 'Received'. To log into the PAL Application click on the Application URL below.
Air Force FOIA Requester Service Center
Greetings Ms. Best,
We have received your FOIA request, requesting "copies of all emails
containing the terms "MuckRock", "Muck Rock" or "MuckRock.com", excluding
emails sent to or from a MuckRock.com email address. Please include the
complete email exchange for each email, including any emails that are being
replied to as well as any subsequent replies." However, you request is too
broad. Could you please provide a time frame of when you want to search for
In accordance with Department of Defense and Air Force FOIA policy, it is
the requester's responsibility to provide specific information regarding the
records being requested. We have no database at our disposal to conduct such
searches in your request. Please clarify and provide as much information on
specifically when or what locations you want searched. Your request has
been placed on hold pending receipt of clarification. If we do not receive
response by 25 June 2018, your request will be administratively closed and
you will need to resubmit your FOIA request.
MONIQUE N. HARRIS, CIV USAF
Government Information Specialist
Headquarters Air Force Information Office (SAF/AAII)
Your agency appears to use Microsoft Exchange which allows for the search to be performed simply and centrally, regardless of the number of users. Please see https://technet.microsoft.com/en-us/library/dd298021(v=exchg.160).aspx
Courts have found that the request is reasonable when technically feasible, as it is here. (See attached).
I'm not sure why the requested date range would help with the request, as it's irrelevant to an electronic search.
I hope that helps.
This request has been administratively closed. Please resubmit your request. Also, this request is too broad. You have not provided us any information on who or when to search. In accordance with Department of Defense and Air Force FOIA policy, it is the requester's responsibility to provide specific information regarding the records being requested. We have no database at our disposal to conduct such searches in your request.
Please contact me if you have any questions.
I am appealing the decision to close my request before the deadline, to ignore the caselaw provided, to ignore the tools I pointed out were at their disposal, and the failure to advise me of my right to appeal.