NSA PROMIS withholdings
| Tracking # |
DOJ-2019-001759, DOJ-AP-2019-002810 DOJ-2019-001759 |
| Submitted | Jan. 19, 2019 |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of the materials withheld at the request of the Department of Justice as described in the attached FOIA response letter from the National Security Agency.
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, AND Magazine, Unicorn Riot, and more. 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 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.
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 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.
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: Department of Justice, Office of Information Policy
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=DOJ-2019-001759&type=request)
* Tracking Number: DOJ-2019-001759
* Requester Name: Emma Best
* Date Submitted: 01/21/2019
* Request Status: Submitted
* Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of the materials withheld at the request of the Department of Justice as described in the attached FOIA response letter from the National Security Agency.
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, AND Magazine, Unicorn Riot, and more. 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 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.
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/TheEmmaBest/66553/23166.pdf
Upload documents directly: https://www.muckrock.com/accounts/agency_login/department-of-justice-office-of-information-and-privacy-59/nsa-promis-withholdings-67738/?email=MRUFOIA.Requests%40usdoj.gov&uuid-login=17711fd2-0a23-4b01-a3ba-1ce163d759a4#agency-reply
From: Department of Justice, Office of Information Policy
The FOIA request - DOJ-2019-001759 description has been modified. Additional details for this item are as follows:
* Tracking Number: DOJ-2019-001759
* Requester: Emma Best
* Submitted Date: 01/20/2019
* Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of the materials withheld at the request of the Department of Justice as described in the attached FOIA response letter from the National Security Agency.
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, AND Magazine, Unicorn Riot, and more. 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 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.
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/TheEmmaBest/66553/23166.pdf
Upload documents directly: https://www.muckrock.com/accounts/agency_login/department-of-justice-office-of-information-and-privacy-59/nsa-promis-withholdings-67738/?email=MRUFOIA.Requests%40usdoj.gov&uuid-login=17711fd2-0a23-4b01-a3ba-1ce163d759a4#agency-reply
From: Department of Justice, Office of Information Policy
Attached is this Office's response to the above-referenced request.
From: Department of Justice, Office of Information Policy
The FOIA request - DOJ-2019-001759 has been supplemented with additional supporting files. Additional details for this item are as follows:
* Tracking Number: DOJ-2019-001759
* Requester: Emma Best
* Submitted Date: 01/20/2019
* Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of the materials withheld at the request of the Department of Justice as described in the attached FOIA response letter from the National Security Agency.
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, AND Magazine, Unicorn Riot, and more. 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 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.
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: Department of Justice, Office of Information Policy
Your request for Fee Waiver for the FOIA request DOJ-2019-001759 has been determined to be not applicable as the request is not billable. Additional details for this request are as follows:
* Request Created on: 01/20/2019
* Request Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of the materials withheld at the request of the Department of Justice as described in the attached FOIA response letter from the National Security Agency.
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, AND Magazine, Unicorn Riot, and more. 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 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.
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
* Fee Waiver Original Justification: 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 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.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
* Fee Waiver Disposition Reason: N/A
From: Emma North-Best
I am appealing the response in its entirety, as NSA's letter (which the DOJ clearly did not read) plainly states they will not process an appeal for those records and that it must be directed to the DOJ.
The government is not allowed to deny access to records simply by playing "hot potato."
From: Department of Justice, Office of Information Policy
This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DOJ-AP-2019-002810
* Request Tracking Number: DOJ-2019-001759
* Requester Name: Emma Best
* Date Submitted: 02/27/2019
* Appeal Status: Submitted
* Description: OIP Appeal
From: Department of Justice, Office of Information Policy
Your FOIAonline user account for requests@muckrock.com has been deactivated due to inactivity.
From: Department of Justice, Office of Information Policy
The Office of Information Policy has made its final determination on your FOIA Appeal Number DOJ-AP-2019-002810 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
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