MuckRock emails (Small Business Administration)

Emma Best filed this request with the Small Business Administration of the United States of America.

It is a clone of this request.

Tracking #

SBA-2018-000829

Multi Request MuckRock emails
Status
Completed

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: Small Business Administration

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=090004d281963501)
* Tracking Number: SBA-2018-000829
* Requester Name: Emma Best
* Date Submitted: 06/05/2018
* Request Status: Submitted
* Description: 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.

From: Small Business Administration

Ms. Best - Can we arrange a time to discuss your FOIA request below. My colleague David Fishman and I are available tomorrow and Thursday anytime. Please let us know what would work best with your schedule and a number to reach you.

Thank you.

Karen

Karen L. Hunter
Office of General Counsel
U.S. Small Business Administration
(202) 205-6643
karen.hunter@sba.gov<mailto:karen.hunter@sba.gov>

[cid:image002.png@01D3C80F.E671D200]

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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.

Oreoluwa (Ore) Fashola
Chief, Freedom of Information & Privacy Act (FOI/PA)
Office of Hearings and Appeals (OHA)
U.S. Small Business Administration (SBA)
O - (202) 401-7793
F - (202) 841-1541
oreoluwa.fashola@sba.gov<mailto:oreoluwa.fashola@sba.gov>

[SBA-Hor-Email]

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This electronic message contains information generated by the SBA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

From: Emma Best

I apologize for the delayed response. I'm afraid we'll have to communicate in writing.

From: Small Business Administration

Thank you for your response regarding FOIA request No. 2018-000829. You are requesting the following: “[c]opies of all emails containing the terms "MuckRock", "Muck Rock" or "MuckRock.com", excluding emails sent to or from a MuckRock.com email address.” SBA has performed an initial search of records and the only responsive emails consist of internal communications regarding the processing of FOIA requests received from MuckRock.

You have requested a fee waiver as a member of the news media, which is defined as any person actively gathering information of current interest to the public for an organization that is organized and operated to publish or broadcast news to the general public. SBA does not believe you meet this standard as your request is not for the purpose of gathering information of current interest to the public, but is simply looking to gather information that is of interest to you. If you would like us to go forward with this request, SBA will charge fees of $266. This consists of $100 to perform a computer search and $83/hour for 2 hours of review time.

Please let me know how you would like to proceed.

Karen L. Hunter
Office of General Counsel
U.S. Small Business Administration
(202) 205-6643
karen.hunter@sba.gov<mailto:karen.hunter@sba.gov>

[cid:image002.png@01D3C80F.E671D200]

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From: Emma Best

You are prohibited by statute and case law from denying me media status on the basis of the request itself. Courts have explicitly found that "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."

Per my initial request:

"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."."

From: Small Business Administration

The agency will agree to waive fees for this FOIA request. However, your request is too broad in that it contains no time frame for which you would like the agency to search. Please narrow your request by specifying the time frame, and SBA will then begin to process your FOIA request.

Thank you.

Karen L. Hunter
Office of General Counsel
U.S. Small Business Administration
(202) 205-6643
karen.hunter@sba.gov<mailto:karen.hunter@sba.gov>

[cid:image002.png@01D3C80F.E671D200]

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From: Emma Best

January 1, 2010 through the present.

From: Small Business Administration

You have received 2 secure files from karen.hunter@sba.gov.
Use the secure links below to download.
Ms. Best,

Please find response to FOIA request 0008290 attached.

Thank you.

Secure File Downloads:
Available until: 05 January 2019

Click links to download:
Combined redacted.pdf ,37.77 MB - [Fingerprint: 521bc9b21b4cdac47214033bad1af73e]
https://sft.sba.gov/seos/1000/mpd/ui0601201945e3ebd5274caf8bbb6372bec157e9cb

response letter.pdf ,380.89 KB - [Fingerprint: 86928e3c6b3bb797fa295ab6044d9a38]
https://sft.sba.gov/seos/1000/mpd/ui06012019590d1af12af6e1f4ff0d9344e58a4ea5
You have received secure links within this email sent via Small Business Administration Secure File Sharing. To retrieve the files, please click on the links above. To learn how your company can benefit from Accellion Secure File Sharing, please visit http://www.accellion.com

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