MuckRock processing instructions (Air Force)

Shawn Musgrave filed this request with the Air Force of the United States of America.
Tracking # 2014-01003-F
Est. Completion None
Status
Withdrawn

Communications

From: Shawn Musgrave

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

A copy of any and all files, memos, or instructions sent to or generated by this agency's FOIA office in regards to processing requests, assigning fee categories of, or otherwise mentioning or related to requests filed by the website MuckRock.com.

Please be sure to sure for instructions sent between this agency's FOIA office and any internal or external legal counsel regarding the above-mentioned files, and include any and all aforementioned responsive documents.

Please also include any and all files, memos, or instructions sent to or
from this agency's FOIA office relating to the following:

MuckRock
Government Attic
FOIA Machine
ProPublica
WeNeedGlimpse
https://weneedglimpse.com/
FOIA Filing Portals

In a 2013-11-15 email to a MuckRock user, FOIA Manager Zadlo, Billy CIV USAF 502 ABW (US) indicated that "Our records indicate that MuckRock is in the commercial requester category."

Please note that I am reporter and that my request should be classified as a media request for fee purposes. I intend to use the results of this request for original reporting, and I believe that this request will be of wide public interest.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Shawn Musgrave

From: Phippins, Vickie

Dear Musgrave
This is an acknowledgement for receipt of your  18 Nov 13 Freedom of Information Act Request for all written communications, including emails, sent or received by VICKIE S. PHIPPINS, Minot AFB Freedom of Information Act Manager, between October 1, 2013 and the day this request is processed that contain the following keywords: "MuckRock" "Muckrock" "Mudrock" "Muck Rock".
Minot AFB received your request on 21 Nov 13.  Your case has been assigned case number 2014-00972.  We will respond to your request by 20 Dec 13.
Your request for fee waiver is approved as documentation requested is minimal resulting in a fee waiver.
If you have any questions concerning your request, you may contact us at 701-723-3529 or email us at
minot.foia@minot.af.mil.  Please reference your assigned case number when making inquiries. (mailto:minot.foia@minot.af.mil)
Sincerely
VICKIE S. PHIPPINS
Minot AFB Freedom of Information Act Manager
FOIA Case 2014-00972

From: USAF JB San Antonio 502 ABW Mailbox 502 CS FOIA PA Workflow

Classification: UNCLASSIFIED
Caveats: FOUO

Mr. Musgrave,

Good morning.

Attached is your acknowledgement letter, as well as a fee waiver denial and
a category change. Your category has changed from news media to commercial.

Our FOIA office is needing an amount that you are willing to pay up to,
since this request has been determined commercial. You are required to pay
all document search, review and duplication costs over $15.00. Our FOIA
office will be needing the requested information from your office no later
than 2 January 2014, until then we have placed a hold on processing your
request. If we do not hear back from your office we will consider your
request closed.

If you have any questions please feel free to contact me at 210-808-0159 or
karen.m.frey.civ@mail.mil.

V/r

//SIGNED//

KAREN M. FREY

Joint Base San Antonio

FOIA/Privacy Act Officer

502 CS/SCOKF

Comm: 210-808-0159

DSN: 420-0159

<mailto:karen.frey@us.af.mil> karen.m.frey.civ@mail.mil

FOIA & Privacy Act SharePoint Site:
<https://jbsa.eis.aetc.af.mil/502abw/xp/jb6/jb6k/jb6kr/default.aspx>
https://jbsa.eis.aetc.af.mil/502abw/xp/jb6/jb6k/jb6kr/default.aspx

"You Collect It - You Protect It"

Classification: UNCLASSIFIED
Caveats: FOUO

From: Shawn Musgrave

Hello,

As have all Air Force FOIA offices in making this same move, you have failed entirely to justify MuckRock's classification as a commercial entity or to delineate your reasoning that this request is primarily submitted out of commercial interest.

As I have repeatedly indicated to Air Force FOIA officers, I am a reporter. This FOIA request is submitted in order to illuminate the process by which the Air Force processes requests and as part of an original investigation into such processes.

Your "category change" is not legitimate, and I request its reversal or indication as to appeal mechanism.

Respectfully,
Shawn Musgrave
MuckRock

From: Phippins, Vickie

Dear Musgrave:
This is in response to your Freedom of Information Act request for a copy of the following records: all written communications, including emails, sent or received by VICKIE S. PHIPPINS, Minot AFB Freedom of Information Act Manager, between October 1, 2013 and the day this request is processed that contain the following keywords: "MuckRock" "Muckrock" "Mudrock" "Muck Rock".
I did not create any written communication, including emails, responsive to this request and I am not the office of primary responsibility (OPR) for documents received. Therefore, I am forwarding your request to Headquarters Air Force/IMIO (FOIA), 1000 Air Force Pentagon, Washington DC 20330-1000.  They will reply directly to you.
Please direct your questions to HAF/IMIO at (703) (692-9978) and refer to the FOIA case number.
Sincerely
VICKIE S. PHIPPINS
Minot AFB Freedom of Information Act Manager
FOIA Case 2014-00972

From: USAF JB San Antonio 502 ABW Mailbox 502 CS FOIA PA Workflow

Classification: UNCLASSIFIED
Caveats: FOUO

Sir,

Our office did not hear back from your office in the time allotted to
respond to our email request, 2 January 2014. We have closed your request
as of 3 January 2014.

If you have any questions you are more than welcome to contact our office.

V/r

//SIGNED//

KAREN M. FREY

Joint Base San Antonio

FOIA/Privacy Act Officer

502 CS/SCOKF

Comm: 210-808-0159

DSN: 420-0159

karen.m.frey.civ@mail.mil <mailto:karen.frey@us.af.mil>

FOIA & Privacy Act SharePoint Site:
https://jbsa.eis.aetc.af.mil/502abw/xp/jb6/jb6k/jb6kr/default.aspx

"You Collect It - You Protect It"

From: Shawn Musgrave

Hello,

I received no email correspondence related to this request save an erroneous commercial classification, which I rebutted on December 18 via the email below. I would be more than happy to forward you a copy of the original email with metadata to substantiate. This another indication of your office's failure to follow appropriate FOIA procedure. I respectfully insist that my case be reopened, my concerns addressed regarding the commercial classification, and proper protocol be followed.

Respectfully,
Shawn Musgrave

From: DARRYL L. WEBB

Mr. Musgrave,

Please see attached letter regarding your request.

v/r
DARRYL L. WEBB
FOIA Action Officer
1000 AF Pentagon
Washington DC 20330-1000
703-692-9978
darryl.webb@pentagon.af.mil

From: Shawn Musgrave

Mr. Webb:

Could you please clarify what is the appropriate tracking number for this request? We have received two acknowledgement letters (both attached), indicating in turns that the appropriate number is #2014-00898-F and #2014-00899-F, as well as an email acknowledgement below with a different number entirely. We want to make sure to track the request appropriately.

Thank you for your assistance.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-00972.

Thank you for your help.

From: DARRYL L. WEBB

Mr. Musgrave,

Please find the requested documents attached with my final release letter.

v/r
DARRYL L. WEBB
FOIA Action Officer
1000 AF Pentagon
Washington DC 20330-1000
703-692-9978
darryl.l.webb.civ@mail.mil

From: Shawn Musgrave

I previously sent you an email on (date) objecting to being considered a commercial requester. In order to avoid any confusion, I want to make sure that you processed that email as a formal appeal of the commercial fee determination.

Please supplement your record with the following information about my media credentials:

I am the editor of the MuckRock (MuckRock.com) website, which publishes original news content on a daily basis. All of MuckRock's content focuses either on FOIA itself or reports off of documents received via public records requests. Below are a number of the dozens of articles I have written for MuckRock:

https://www.muckrock.com/news/archives/2013/nov/06/mr-de-blasio-open-nypd/

https://www.muckrock.com/news/archives/2013/oct/25/librarian-rebukes-nun-over-comic-books/

https://www.muckrock.com/news/archives/2013/oct/03/foia-shutdown-which-agencies-have-put-their-public/

In addition to my capacity as editor of MuckRock, I am also a freelance journalist whose work has been published in such online and print outlets as the Boston Globe, VICE/Motherboard, The Phoenix, The Progressive and Dig Boston. Here are clips of previous articles that I have written for some of these publications:

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

https://www.bostonglobe.com/metro/2013/10/25/mass-libraries-strikingly-free-censorship/GV3LPCJO4kdzCb3a9HE6HJ/story.html

https://www.motherboard.vice.com/blog/the-nypd-is-foia-proof

http://www.thephoenix.com/boston/news/153301-fung-wahtf/

http://www.digboston.com/boston-news-opinions/2013/10/news-to-us-cambridge-blocks-big-brother/

My coverage of topics from national security and drones to bike politics and bus inspections has been cited by a host of other news outlets at the international, national and local levels. I have received two grants from the Fund for Investigative Journalists, both for projects that revolve around public records investigations.

In short, it could not be clearer that I am, in fact, a journalist.

From: Shawn Musgrave

Secretary of the Air Force
Thru: SAF/AAII (FOIA)
1000 Air Force Pentagon
Washington DC 20330-1000

February 18, 2014

To Whom It May Concern:

I am writing to appeal the adequacy of the search for 2014-01003-F, as well as the redactions in the documents released.

The redacted portions of the emails do not seem to constitute information likely to be subject to exemption b(6), in that the title of the email chain is "FOIA Requester -- MuckRock."

Furthermore, given the wide dispersion of this email, I would expect there would be more communications in this chain, as well as additional documents from Ms. Trinh discussing this matter.

For these and all other reasons deemed applicable by the appeal authority, I request reconsideration of this request under FOIA.

Respectfully,
Shawn

From: Air Force

A letter stating that the request appeal has been received and is being processed.

From: Shawn Musgrave

Ms. Turner -

Per the attached, you are responsible for reviewing the appeal for the FOIA request below. However, I have not received any update since March 2014. Please advise as to the status of this appeal.

Respectfully,
Shawn Musgrave
MuckRock

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thanks for your help, and let me know if further clarification is needed.

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