NSA contracts with Dell, Inc.

Runa Sandvik filed this request with the National Security Agency of the United States of America.
Tracking #

75428B

Status
Rejected
Tags

Communications

From: Runa A. Sandvik

To Whom It May Concern:

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

Copies of contracts with Dell, Inc. and any final reports generated and delivered by Dell, Inc. to the agency over the past 10 years. If retrieving the contracts themselves is too burdensome please provide a list of contracts. Please include any processing notes made in completing this request.

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,

Runa A. Sandvik

From: National Security Agency

An acknowledgement letter, stating the request is being processed.

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. 3, 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 #75428.

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. 3, 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 #75428.

Thank you for your help.

From: National Security Agency

A fix is required to perfect the request. The request has been rejected as being too vague, burdensome or otherwise unprocessable.

From: Runa A. Sandvik

To the NSA/CSS Freedom of Information Act Appeal Authority,

I am a published independent reporter and a current contributor to Forbes (http://www.forbes.com/sites/runasandvik/). I have also had my journalism published on domestic and international blogs.

According to 5 U.S.C. 552(a)(4)(A)(ii), codifying the ruling of Nat'l Security Archive v. Dept of Defense, 880 F.2d 1381 (D.C. Cir. 1989), the term "a representative of the news media" means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.

I have a clear intent to "publish or otherwise disseminate information to the public." Id. at 1386 (quoting the following legislative history):

1) It is critical that the phrase "representative of the news media" be broadly interpreted if the act is to work as expected. . . . In fact, any person or organization which regularly publishes or disseminates information to the public . . . should qualify for waivers as a "representative of the news media." 132 Cong. Rec. S14298 (daily ed. Sept. 30, 1986).

2) "A request by a reporter or other person affiliated with a newspaper, magazine, television or radio station, or other entity that is in the business of publishing or otherwise disseminating information to the public qualifies under this provision." 132 Cong. Rec. H9463 (Oct. 8, 1986).

Therefore, in accordance with the Freedom of Information Act and relevant case law, I, Runa A. Sandvik, should be considered a representative of the news media and as such I am also requesting a public interest fee waiver.

Sincerely,

Runa A. Sandvik

From: National Security Agency

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

From: National Security Agency

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

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