MuckRock emails (Defense Intelligence Agency)

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

0287-2018

Multi Request MuckRock emails
Due July 11, 2018
Est. Completion Dec. 10, 2020
Status
Awaiting Response

Communications

From: Emma North-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 "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.

Sincerely,

Emma Best

From: Defense Intelligence Agency

Please provide the DIA case number that was assigned to this request.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Emma North-Best

No number was ever provided. No acknowledgment was ever provided. The request was sent on 5/24/2018.

From: Defense Intelligence Agency

Your request has been assigned the aforementioned case number; please reference DIA Case #0287-2018 in the subject line when soliciting status updates. Your request is currently in queue position 1068 of 1161. Please be assured that the DIA is actively working on your case, and is committed to processing your request as soon as possible. We appreciate your patience.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Defense Intelligence Agency

Please provide the DIA case number that was assigned to this request.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Emma North-Best

0287-2018

From: Defense Intelligence Agency

Your request is currently in queue position 1044 of 1223. Please be assured that the DIA is actively working on your case, and is committed to processing your request as soon as possible. We appreciate your patience.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Defense Intelligence Agency

Your request is currently in queue position 1044 of 1240. Please be assured that the DIA is actively working on your case, and is committed to processing your request as soon as possible. We appreciate continued your patience.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Defense Intelligence Agency

Your request is currently in queue position 1025 of 1237. Please be assured that the DIA is actively working on your case, and is committed to processing your request as soon as possible. We appreciate your patience.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Defense Intelligence Agency

An interim response, stating the request is being processed.

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