Olive Yang (Federal Bureau of Investigation)

Emma Best filed this request with the Federal Bureau of Investigation of the United States of America.
Due June 6, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Emma Best


To Whom It May Concern:

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

Records relating to or mentioning Olive Yang, including but not limited to investigative records, memos and records of contacts with her. Please see the attached obituary for proof of death and a biographical overview.

I am a member of the news media and request classification as such. I am freelance writer who has previously written about the government and its activities for MuckRock, Motherboard, Unicorn Riot, AND Magazine and Glomar Disclosure. My articles have been widely read, with some reaching over 100,000 readers. My work has been further discussed in outlets including the New York Times, the Washington Post, and BBC. 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. 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. Per DOJ FOIA guidance, "a requester should be granted a fee waiver if the requested information (1) sheds light on the activities and operations of the government; (2) is likely to contribute significantly to public understanding of those operations and activities; and (3) is not primarily in the commercial interest of the requester." As this FOIA meets all of those requirements (see above regarding the subject and how I will apply the information), a fee waiver is warranted.

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: Federal Bureau of Investigation

Please check the status of your FOIPA Request at http://vault.fbi.gov by clicking on “Check Status of Your FOI/PA Request” on the right side of the page, and follow the instructions below. Your request was assigned 1407178-000.

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Estimated Dates of Completion
Requests are processed in the order in which they are received through our multi-track processing system. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Complex requests are further divided into medium, large, and extra-large sub-tracks based upon request size. Simple track requests typically require the least amount of time to process. Currently, simple track cases average approximately 134 days from the date of receipt for processing. Our complex requests in the medium processing track are currently averaging 523 days, large processing track are currently averaging approximately 1,335 days, and extra-large processing track are currently averaging 1,875 days for processing.

Respectfully,

Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Information Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391
Questions E-mail: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>

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