National Child Pornography Library (Immigration and Customs Enforcement)

Emma Best filed this request with the Immigration and Customs Enforcement of the United States of America.
Tracking #

2020-ICAP-00259, 2020-ICFO-27727

2020-ICAP-00259

Multi Request National Child Pornography Library
Status
Rejected

Communications

From: Emma Best


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Materials mentioning, describing, regulating or proscribing the use of the National Child Pornography Library, including but not limited to its use in undercover operations.

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: Immigration and Customs Enforcement

Submitted on Friday, March 13, 2020 - 00:18
Submitted by user: Anonymous
Submitted values are:

Select the DHS component you wish to submit your request to: : U.S.
Immigration and Customs Enforcement (ICE)
Title:
First Name: Emma
Middle Initial:
Last Name: Best
Suffix:
Email Address: requests@muckrock.com
Country: United States
Address 1: MuckRock News DEPT MR 90570
Address 2: 411A Highland Ave
City: Somerville
State: Massachusetts
Zip Code: 02144
Telephone Number: 617-299-1832
Fax Number:
Are you requesting records on yourself? No
If yes, you must check the perjury statement:
By initialing here you are providing your electronic signature.:
Please describe the records you are seeking as clearly and precisely as
possible:
To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following
records:

Materials mentioning, describing, regulating or proscribing the use of the
National Child Pornography Library, including but not limited to its use in
undercover operations.

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

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/EmmaBest/82028/Fee20category20and20search20parameters.pdf
Upload documents directly:
https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fimmigration-and-customs-enforcement-133%252Fnational-child-pornography-library-immigration-and-customs-enforcement-90570%252F%253Femail%253DICE-FOIA%252540dhs.gov&url_auth_token=AAAVK9mH4BSG8tmO0HOip57Abyc%3A1jCbkN%3AO6JVEMiq-SmaS925Vk7npWti4kE
I am willing to pay fees for this request up to the amount of: $: 25
Select from the list below: A representative of the news media seeking
information as part of a news gathering effort and not for commercial use.
I request a waiver of all fees for this request.: I request a waiver of all
fees for this request.
Please provide an explanation for your request for a fee waiver:
I am a member of the news media and request classification as such. I have
previously
written about the government and its activities, with some reaching over
100,000
readers in outlets such as Gizmodo, MuckRock, Motherboard, Property of the
People,
Unicorn Riot, and The Outline, among others. As such, as I have a reasonable
expectation of publication and my editorial and writing skills are well
established. In
addition, I discuss and comment on the files online and make them available
through
non-profits such as the library Internet Archive and the journalist
non-profit 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.
Further, 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.
Please select and describe in detail if you believe your request warrants
expeditious handling:
Please provide information to support your selection:

From: Immigration and Customs Enforcement

March 16, 2020 Emma Best MuckRock News DEPT MR 90570 411A Highland Ave Somerville, MA 02144 RE:     ICE FOIA Case Number 2020-ICFO-27727 Dear Ms. Best: This acknowledges receipt of your March 13, 2020, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for seeking materials mentioning, describing, regulating or proscribing the use of the National Child Pornography Library, including but not limited to its use in undercover operations..  Your request was received in this office on March 13, 2020. After careful review of your FOIA request, we determined that your request is too broad in scope, did not specifically identify the records which you are seeking, or only posed questions to the agency.  Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency.  For this reason, §5.3(b) of the DHS regulations, 6 C.F.R. Part 5, require that you describe the records you are seeking with as much information as possible to ensure that our search can locate them with a reasonable amount of effort.  Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipients, and subject matter of the records, if known, or the ICE program office you believe created and/or controls the record. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records. Please resubmit your request containing a reasonable description of the records you are seeking.  Upon receipt of a perfected request, you will be advised as to the status of your request. If we do not hear from you within 30 days from the date of this letter, we will assume you are no longer interested in this FOIA request, and the case will be administratively closed.  Please be advised that this action is not a denial of your request and will not preclude you from filing other requests in the future. Your request has been assigned reference number 2020-ICFO-27727. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit . Please note that to check the status of a request, you must enter the 2020-ICFO-27727 (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status tracking number. If you need any further assistance or would like to discuss any aspect of your request, please contact the FOIA office. You may send an e-mail to ice-foia@ice.dhs.gov, call toll free (866) 633-1182, or you may contact our FOIA Public Liaison, Fernando Pineiro, in the same manner. Additionally, you have a right to right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
Sincerely,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at www.ice.gov/foia

From: Emma Best

I am appealing the determination that I did not adequately describe the records.

"Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipients, and subject matter of the records, if known, or the ICE program office you believe created and/or controls the record."

This was done, as I described the subject matter.

"The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records."

No request was made "to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records."

Further, the effort to find the records is not relevant, as established by Shapiro v. CIA, No. 14-00019, 2016 WL 1069646 (D.D.C. Mar. 17, 2016) (Cooper, J.). The records are adequately described, and regardless of how "onerous" the search might be, the Agency cannot flatly reject the request. Further, the Agency failed to make the _required_ good faith efforts to clarify the request. Closing it is quite inappropriate (and almost certainly a violation of the law) in light of this, as the request was clearly not for records on each individual use of the NCPL but rather about its general use.

From: Immigration and Customs Enforcement

**Please Do Not Respond Directly -This email has been sent on behalf of ice-foia@dhs.gov**

We have received your Freedom of Information Act request for appealing request for clarificationseeking materials mentioning, describing, regulating or proscribing the use of the National Child Pornography Library, including but not limited to its use in undercover operations. and have assigned it tracking number 2020-ICAP-00259. Please refer to the attached Acknowledgement Letter for more information.

ICE FOIA.

From: Immigration and Customs Enforcement

Ms. Best,

ICE's final response to your FOIA request, 2020-ICAP-00259, for appealing request for clarificationseeking materials mentioning, describing, regulating or proscribing the use of the National Child Pornography Library, including but not limited to its use in undercover operations. is attached.

Please note that the attachment may be password protected. If you are prompted to enter a password when opening the attachment and you did not receive a password it may be in your junk/spam folder.

Sincerely,
ICE FOIA

  • FOIA Appeal 2020-ICAP-00259, 2020-ICFO-27727 (Affirm Denial to Process - Scope)1

Files

pages

Close