Operation Leakspin (U.S. Department of State)
| Tracking # |
A-2020-00205 |
| Multi Request | Operation Leakspin |
| Submitted | May 14, 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:
Records relating to or mentioning Operation, Leakspin, which was conceived by Anonymous with the purpose of sorting through recent WikiLeaks releases to identify and raise awareness of potentially important and previously overlooked cables.
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: U.S. Department of State
**THIS EMAIL BOX IS NOT MONITORED, PLEASE DO NOT REPLY TO THIS EMAIL.** Ms.Best: This email responds to yourMay 16, 2019, Freedom of Information Act (FOIA) (5 U.S.C. § 552) request received by the U.S. Department of State,Office of Information Programs and Services on June 24, 2019, regarding records relating to or mentioning Operation Leakspin, conceived by Anonymous. This Office assigned your request the subject reference number. This Office denies your request, as currently written, because itdoes not reasonably describe the records sought. request mustreasonably describe the Department records that are sought to enable Departmentpersonnel to begin a search for responsive records. Such details may include the subject,timeframe, names of any individuals involved, a contract number (ifapplicable), and reasons why the requester believes the Department may haverecords regarding the subject of the request. See 22 CFR 171.4(b). If you are not satisfied with thisOffice’s determination in response to your request, you may administrativelyappeal to: Appeals Officer, Appeals Review Panel, Office of InformationPrograms and Services, U.S. Department of State, 2201 C Street, NW, Suite B266,Washington, D.C. 20520; or facsimile at 202-485-1718. Your appeal must be postmarked orelectronically transmitted within 90 days of the date of this email. If you have any questionsregarding your request, please contact our FOIA Requester Service Center or ourFOIA Public Liaison by email at FOIAstatus@state.gov or telephone at 202-261-8484. Additionally, youmay contact the Office of Government Information Services (OGIS) at theNational Archives and Records Administration to inquire about the FOIAmediation services they offer. Thecontact information for OGIS is as follows: Office of Government InformationServices, National Archives and Records Administration, 8601 Adelphi Road-OGIS,College Park, Maryland 20740-6001, email at ogis@nara.gov; telephone at202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. Sincerely, /s/ Wayne Evans, for Nicholas J. Cormier Chief, Requester Communications Branch Office of Information Programs and Services **THIS EMAIL BOX IS NOT MONITORED, PLEASE DO NOT REPLY TO THIS EMAIL.**
From: Emma North-Best
I am appealing the (improperly formatted) rejection in its entirety, as the request is more than reasonably described. The subject matter is detailed, the time frame is implied and easily inferred or looked up, and no specific names of individuals are involved.
Further, courts have found that "[r]egardless of how onerous it might be to locate them, [when] there can be no dispute about which items are being requested" then a request is reasonably described. The same ruling also held that "FOIA's reasonable-description requirement does not doom requests that precisely describe the records sought, even if compliance might overwhelm an agency’s response team." Shapiro v. CIA, No. 14-00019, 2016 WL 1069646 (D.D.C. Mar. 17, 2016) (Cooper, J.)
Moreover, the Agency's failure to even acknowledge the request for seven months (see https://www.muckrock.com/foi/united-states-of-america-10/operation-leakspin-us-department-of-state-73117/ for a complete accounting of communications re the FOIA request) and taking that long to (improperly) declare the request is unreasonable and invalid is not only inconsistent with the FOIA, but an indication of possible bad faith and/or incompetence.
From: U.S. Department of State
A letter stating that the request appeal has been rejected.
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