MuckRock emails (Department of Commerce)
It is a clone of this request.
Tracking # |
DOC-OS-2018-001485 DOC-OS-2018-001485, DOC-OS-2018-002035 DOC-OS-2018-001485 |
Multi Request | MuckRock emails |
Submitted | May 29, 2018 |
Due | Aug. 16, 2018 |
Est. Completion | None |
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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: Department of Commerce
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d281963164)
* Tracking Number: DOC-OS-2018-001485
* Requester Name: Emma Best
* Date Submitted: 06/05/2018
* Request Status: Submitted
* Description: 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.
From: Department of Commerce
06/06/2018 02:29 PM FOIA Request: DOC-OS-2018-001485
See attached letter.
From: Emma North-Best
Nearly every email server allows centralized searches to be performed, including most government servers. https://technet.microsoft.com/en-us/library/dd298021(v=exchg.160).aspx
I would be extremely surprised if your agency was the exception.
Please be advised that courts have also recently held just such a search to be reasonable.
From: Department of Commerce
See attached letter.
From: Emma North-Best
The courts have found that your contention is inapplicable, and that the searches are reasonable. Further, the claim that the department would have to search "every paper file" for emails is absurd on every level.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 29, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DOC-OS-2018-001485.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Commerce
See attached letter.
From: Department of Commerce
DOC-OS-2018-001485 has been processed with the following final disposition: Request Withdrawn
Determination letter sent as correspondence.
From: Emma North-Best
I am appealing the determination that I didn't respond to the request for clarification within 30 days, as I responded within one. This can be confirmed by a simple review of https://www.muckrock.com/foi/united-states-of-america-10/muckrock-emails-department-of-commerce-54991/.
From: Department of Commerce
This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DOC-OS-2018-002035
* Request Tracking Number: DOC-OS-2018-001485
* Requester Name: Emma Best
* Date Submitted: 08/24/2018
* Appeal Status: Submitted
* Description: I am appealing the determination that I didn't respond to the request for clarification within 30 days, as I responded within one.
From: Department of Commerce
The FOIA appeal DOC-OS-2018-002035 has had its Tracking Number changed to DOC-OS-2018-002035. This is normally due to the appeal being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this appeal are as follows:
* Old Tracking Number: DOC-OS-2018-002035
* New Tracking Number: DOC-OS-2018-002035
* Requester Name: Emma Best
* Date Submitted: 09/05/2018
* Long Description: I am appealing the determination that I didn't respond to the request for clarification within 30 days, as I responded within one.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 29, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #DOC-OS-2018-001485.
Thanks for your help, and let me know if further clarification is needed.
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