MuckRock emails (Broadcasting Board of Governors)

Emma Best filed this request with the Broadcasting Board of Governors of the United States of America.

It is a clone of this request.

Tracking #



Multi Request MuckRock emails
Due Oct. 25, 2018
Est. Completion None
Awaiting Response


From: Emma Best

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 "", excluding emails sent to or from a 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.


Emma Best

From: Broadcasting Board of Governors

Dear Ms. Best,

The Broadcasting Board of Governors (BBG) FOIA office received a monthly reminder from MuckRock News regarding your FOIA request (FOIA18-028). Our records show we responded and closed this request on 6/14/18, and a copy of the letter sent to you is attached. Please contact MuckRock News to inform them that you have received a response from BBG and that your request is closed so they can terminate the monthly reminders for this request.



  • FOIA18-028 - Denial Letter (burdensome search)(06132018)(esigned)

From: Emma Best

I am appealing the determination that the request is unreasonably burdensome, as courts have explicitly ruled otherwise (see attached).

From: Broadcasting Board of Governors

A letter stating that the request appeal has been succesful.

From: Broadcasting Board of Governors

Ms. Best:

Enclosed please find a letter from Matthew Walsh, Chair of the Access Appeal Committee at the U.S. Agency for Global Media, regarding the responds to your FOIA18-028 Appeal.


Gwen Bethany
U.S. Agency for Global Media

  • (2018-11-05) Letter from M. Walsh to E. Best re FOIA18-028 Appeal Request