Non-extraterrestrial FOIAs

To Whom It May Concern:

By the power vested in me under the Freedom of Information Act, I hereby request the following records:

Copies of any FOIA request letters regarding "Non-extraterrestrial" or "Non-extraterrestrials" as well as subsequent responses, processing notes, etc.
Context and explanation: NSA has denied having files on Non-extraterrestrials per its website )https://www.nsa.gov/resources/everyone/foia/freq-req-info/ufo-topics.shtml#n) in the section on UFO and non-paranormal topics. The term is unusual and unfamiliar to me, so I thought it worth exploring to satisfy my own curiosity and to give the public a better idea of some of the stranger FOIA requests that offices have to deal with. (I hope your office is able to enjoy the irony that I am interested in unusual FOIA requests, and a FOIA for FOIAs on "Non-extraterrestrials" should certainly qualify!)

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

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

I am appealing the integrity of the search as the NSA's own website affirmatively states that the records exist and the FOIA request(s) received. See https://www.nsa.gov/Resources/Everyone/foia/freq-req-info/ufo-topics/#n