MuckRock emails (Federal Trade Commission)

Emma Best filed this request with the Federal Trade Commission of the United States of America.
Tracking #

2018-00957

Multi Request MuckRock emails
Est. Completion None
Status
Fix Required

Communications

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 "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: Federal Trade Commission

Hello:

Thank you for your submission. The FTC will review your request.
Best regards,

Federal Trade Commission

From: Federal Trade Commission

Dear Ms. Best,

This correspondence is in response to your FOIA Request dated May 24, 2018 regarding copies of emails containing the term "MuckRock."

Your request has been placed on hold until we are able to discuss the scope of your request. Please contact me at 202 326 3780 to discuss the scope of your request by June 15, 2018, or we will close our file on this matter.

Sincerely,
Kamay

Kamay Lafalaise
Attorney | Office of the General Counsel
Federal Trade Commission
600 Pennsylvania Ave NW, Washington, DC 20580
(202) 326-3780 | klafalaise@ftc.gov<mailto:klafalaise@ftc.gov>

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From: Federal Trade Commission

Ms. Best,

Please see the attached documents regarding your FOIA request.

Sincerely,

Kamay Lafalaise
Attorney | Office of the General Counsel
Federal Trade Commission
600 Pennsylvania Ave NW, Washington, DC 20580
(202) 326-3780 | klafalaise@ftc.gov<mailto:klafalaise@ftc.gov>

[pic]

From: Emma Best

Please email me about your concerns. I don't speak on the phone as a general rule, particularly not for FOIA requests. It helps everyone's memory to have a written record of everything.

From: Federal Trade Commission

Ms. Best,

As you may have noted in my email below, the deadline to contact us regarding this hold has elapsed. Please see my subsequent email to you on June 15, 2018.

Sincerely,
Kamay

Kamay Lafalaise
Attorney | Office of the General Counsel
Federal Trade Commission
600 Pennsylvania Ave NW, Washington, DC 20580
(202) 326-3780 | klafalaise@ftc.gov<mailto:klafalaise@ftc.gov>

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From: Emma Best

I am appealing the decision to provide me only 11 days to respond to a request for more information, and to only contact me once about the matter contrary to regulations which indicate multiple attempts should be made. I also appeal the FTC's decision to not reopen the request upon receiving my correspondence.

From: Federal Trade Commission

Ms Best,

Please find your response attached.

W. Ashley Gum | Assistant General Counsel for Legal Counsel | Federal Trade Commission | 600 Pennsylvania Avenue, N.W., Mail Stop H-585 | Washington, D.C. 20580
T: 202-326-3006<tel:202-326-3006> | F: 202-326-2477<tel:202-326-2477> | wgum@ftc.gov<mailto:wgum@ftc.gov>

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