No More DOSIRs?

Emma Best filed this request with the U.S. Department of Homeland Security, National Protection and Programs Directorate (NPPD) of the United States of America.
Due March 13, 2017
Est. Completion None
Status
Awaiting Response

Communications

From: FOIA

Good Afternoon,

Thank you for contacting the DHS Privacy Office. When you submitted your original request you were instructed to file your request with the National Protection and Programs Directorate (NPPD) FOIA Office. If you have filed your request with them that is also the office you will have to follow up with regarding the status of your requests. Please see their contact information below.

National Protection and Programs Directorate (NPPD)<https://www.dhs.gov/foia-contact-information>
U.S. Department of Homeland Security
Washington, D.C. 20528
FOIA Officer: Toni Fuentes
Phone: 703-235-2211
Fax: 703-235-2052
E-mail: NPPD.FOIA@dhs.gov<mailto:NPPD.FOIA@dhs.gov>
NPPD Website<https://www.dhs.gov/about-national-protection-and-programs-directorate>

Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you

From: Michael Best

To Whom It May Concern:

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

Materials relating to any decision or action causing the DHS Daily Open Source Infrastructure Reports to stop being posted to the DHS website at https://www.dhs.gov/publication/daily-open-source-infrastructure-report

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. 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 the non-profit Internet Archive, 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 such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore 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,

Michael Best

From: Michael Best

Clarification: I am looking for materials relating to the January 18, 2017 decision by the the Office of Infrastructure Protection (IP) to discontinue the DHS Daily Open Source Infrastructure Report.

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