Operation Sundevil (United States Secret Service)

Emma North-Best filed this request with the United States Secret Service of the United States of America.
Tracking #

20190176

Multi Request Operation Sundevil
Status
Completed

Communications

From: Emma North-Best


To Whom It May Concern:

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

Files mentioning or generated during or as a result of Operation Sundevil, a 1990 nationwide United States Secret Service crackdown on "illegal computer hacking activities." It involved raids in approximately fifteen different cities and resulted in three arrests and the confiscation of computers, the contents of electronic bulletin board systems (BBSes), and floppy disks. It was revealed in a press release on May 9, 1990. The arrests and subsequent court cases resulted in the creation of the Electronic Frontier Foundation. The operation is now seen as largely a public-relations stunt. Operation Sundevil has also been viewed as one of the preliminary attacks on the Legion of Doom and similar hacking groups. The raid on Steve Jackson Games, which led to the court case Steve Jackson Games, Inc. v. United States Secret Service, is often attributed to Operation Sundevil, but the Electronic Frontier Foundation states that it is unrelated and cites this attribution as a media error.

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 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: United States Secret Service

Dear Requester,

Please see the attached letter regarding the status of your FOIA/PA request. If you have any questions in regard to this matter, please contact this office at (202) 406-6370.

Thank you,

Freedom of Information Act & Privacy Act Program
United States Secret Service
245 Murray Lane, SW, Building T-5
Washington, DC 20223
Phone: (202) 406-6370
Fax: (202) 406-5586
Email: FOIA@USSS.DHS.GOV

All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it.

From: United States Secret Service

Dear Requester,

Please see the attached letter regarding the status of your FOIA/PA request. If you have any questions in regard to this matter, please contact this office at (202) 406-6370.

Thank you,

Freedom of Information Act & Privacy Act Program
United States Secret Service
245 Murray Lane, SW, Building T-5
Washington, DC 20223
Phone: (202) 406-6370
Fax: (202) 406-5586
Email: FOIA@USSS.DHS.GOV

All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it.

From: United States Secret Service

Dear Requester,

Please see the attached letter regarding the status of your FOIA/PA request. If you have any questions in regard to this matter, please contact this office at (202) 406-6370.

Thank you,

Freedom of Information Act & Privacy Act Program
United States Secret Service
245 Murray Lane, SW, Building T-5
Washington, DC 20223
Phone: (202) 406-6370
Fax: (202) 406-5586
Email: FOIA@USSS.DHS.GOV

All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it.

From: United States Secret Service

Dear Requester, Attached you will find the finalresponse regarding your Freedom of Information Act & Privacy Actrequest.  If you have any questions regarding this matter, please contactthis office by replying to this email or calling us at (202) 406-6370. Thank you, Freedom of Information Act &Privacy Act Program United States Secret Service 245 Murray Lane, SW, Building T-5 Washington, DC 20223 Phone: (202) 406-6370 Fax: (202) 406-5586 Email: FOIA@USSS.DHS.GOV

All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it.  ­­

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