MuckRock emails (United States Postal Service)

Emma Best filed this request with the United States Postal Service of the United States of America.

It is a clone of this request.

Tracking #

2018-FPRO-00950

Multi Request MuckRock emails
Est. Completion None
Status
Payment 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: United States Postal Service

An acknowledgement letter, stating the request is being processed.

From: United States Postal Service

Please see the attached correspondence concerning your FOIA request made to the U.S. Postal Service (FOIA 2018-FPRO-00950.
USPS Privacy & Records Management Office

From: Emma Best

Your regulations are inconsistent with case law and court rulings (see attached), as well as the fact that eDiscovery tools exist and make the search task trivial.

From: United States Postal Service

Please see the attached letter concerning FOIA request 2018-FPRO-00950.

From: United States Postal Service

Dear Ms. Best: This is infurther response to your Freedom of Information Act (FOIA) request for access toPostal Service records.  You requested copies of all emails containing the terms "MuckRock", "Muck Rock" or "MuckRock.com", excluding emails sent to or from a MuckRock.com email address.  You requested that the search for records include the complete email exchange for each email, including any emails that are being replied to as well as any subsequent replies. By letter dated September 11, 2018, we advised you ofthe cost to process your request and requested in writing your willingness topay the estimated fees. As of today’sdate, we have not received further communication from you. Therefore, we have interpreted this to meanthat you are no longer interested in acquiring the records requested, and yourrequest has been administratively closed. If you needfurther assistance or would like to discuss any aspect of your request, pleasedo not hesitate to contact the FOIA Public Liaison listed below. PRIVACY &RECORDS MANAGEMENT OFFICE US POSTALSERVICE 475 L'ENFANTPLAZA SW RM 1P830 WASHINGTON DC20260-1101 Phone: (202)268-2608 Fax: (202)268-5353 FOIA PublicLiaison: Jane Eyre Additionally, youmay contact the Office of Government Information Services (OGIS) at theNational Archives and Records Administration to inquire about the FOIAmediation services they offer. The contact information for OGIS is as follows:Office of Government Information Services, National Archives and RecordsAdministration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001,e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at1-877-684-6448; or facsimile at 202-741-5769. Thank you foryour interest. Sincerely, Jane G. Eyre Deputy Chief FOIA Officer U.S. Postal Service

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