It is a clone of this request.
|Multi Request||MuckRock emails|
|Submitted||May 29, 2018|
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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 Ms. Best,
Kindly provide us with a daytime phone number so we can call you to get clarification of your FOIA request. NASA has had several FOIA requests that it has responded to FOIA requesters that used the MuckRock email accounts. So it is not clear to us what information you seek since these emails were in response to FOIA responses we provided to the requesters using MuckRock email addresses. Your request states you do not want any emails sent to or from a Muckrock email account. At this time, we will not open a case since we do not know what information you are requesting.
Thank you and hope to speak to you soon.
If you have questions, I will answer them in writing only. I do not communicate about FOIA requests by phone.
"NASA has had several FOIA requests that it has responded to FOIA requesters that used the MuckRock email accounts." I'm not interested in those. The search is very easy to calculate. For instance,
Does the email contain ANY of the non-case sensitive terms "MuckRock", "Muck Rock" or "MuckRock.com" ? Is it not being sent to or from a MuckRock.com email address? If the answer to both of those questions is yes, then I'm interested in it.
If you have specific questions, I'll be happy to answer them.
That is fine if you don’t like to speak on the phone. Kindly provide the requested clarification as well as which office we should search.
Thanks so much,
Sorry, I should have provided more explanation. When we get a FOIA request from a MuckRock account sometimes we attach the request to our emails we send to program offices to conduct a search. Are those copies of FOIA requests and our email sending a search request is what you want?
"Are those copies of FOIA requests and our email sending a search request is what you want?"
Yes, I would like the response to include, but not be limited to, those emails. Thanks!!
Thanks so much for your help with this request! I really appreciate it.
Hello Ms. Best,
Your Initial Determination Response was sent to you yesterday.
18-HQ-F-00604 MS. EMMA BEST FOIA REQUEST INITIAL DETERMINATION RESPONSE 2A.pdf