Quinton Mason's internet usage (DHS)

Jason Smathers filed this request with the Department of Homeland Security of the United States of America.
Tracking # DHS/MGMT 11-85/Smathers ; Appeal DHS11-029
Status
Rejected

Communications

From: Jason Smathers

To Whom It May Concern:

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

All temporary internet files (aka cache files), files representing favorites or bookmarked websites, and files containing internet website browsing history which are contained on any computer or other device with internet access where that computer or device is assigned to Quinton Mason.

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,

Jason Smathers
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
MuckRock
185 Beacon St. #3
Somerville, MA 02143

From: Department of Homeland Security

From: Homeland Security

From: Department of Homeland Security

From: Jason Smathers

On 2/28/11, I requested:
"All temporary internet files (aka cache files), files representing favorites or bookmarked websites, and files containing internet website browsing history which are contained on any computer or other device with internet access where that computer or device is assigned to Quinton Mason."

My request was denied in full by Mark Dorgan citing exemption 6 in a letter dated 3/25/11.

I appeal.

My request is for data files which will reveal the usage of a government computer by a government employee. There is no right to privacy in the official use of a government computer.

To invoke exemption 6, agencies must first find that the information is “similar” to personnel and medical files. New York Times v. Nat’l Aeronautic and Space Ass’n, 920 F.2d 1002 (D.C. Cir. 1990)(en banc).

After establishing that a file is “similar” to personnel or medical files, an agency must then balance the personal privacy intrusion that would occur from disclosure of the information against the public’s interest in its disclosure. The agency has failed to establish the files are similar to personnel or medical files and they have failed to balance personal privacy with public interest in knowing the way in which government computers are used and how government employees send their time.

Regards,
Jason Smathers

From: Department of Homeland Security

From: Jason Smathers

Hello,

Per our records, the appeal for the attached request has yet to be completed. Please provide an update on its status.

Thank you.

From: Lasko, Linda

Mr. Smathers,

This is to advise you of the status of your appeal of FOIA #DHS/MGMT 11-85; your appeal is closed and you were advised, through the MuckRock contact information you originally provided (attachment 2), of the determinations.

*On May 9, 2012, your appeal was remanded back to the DHS Management Directorate and you were advised of this action by the adjudicating office (see attachment 3).
*On June 13, 2012, the Management Directorate, after further consideration of the case file, advised you of their determination (see attachment 4).

Sincerely,

U.S. Department of Homeland Security

202-343-1743 (Main FOIA Number)
202-343-4011 (Fax)

Visit our FOIA website

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Jason Smathers

I have seen the attached records for the first time today. Can you please extend appeal rights so that I may now file an appeal?

Thanks,
Jason Smathers

From: Lasko, Linda

Mr. Smathers,

The DHS FOIA appeal process is outlined in the DHS FOIA Regulations which can be accessed at the following link: http://www.dhs.gov/xlibrary/assets/FOIA_FedReg_Notice.pdf

Sincerely,

U.S. Department of Homeland Security

202-343-1743 (Main FOIA Number)
202-343-4011 (Fax)

Visit our FOIA website

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

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 Feb. 28, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DHS/MGMT 11-85/Smathers ; Appeal DHS11-029.

Thank you for your help.

From: Lasko, Linda

Mr. Smathers,

This is to advise you of the status of your appeal of FOIA #DHS/MGMT 11-85; your appeal is closed and you were advised, through the MuckRock contact information you originally provided (attachment 2), of the determinations.

*On May 9, 2012, your appeal was remanded back to the DHS Management Directorate and you were advised of this action by the adjudicating office (see attachment 3).
*On June 13, 2012, the Management Directorate, after further consideration of the case file, advised you of their determination (see attachment 4).
*On January 31, 2014, you were advised your appeal was closed.

The DHS FOIA appeal process, outlined in the DHS FOIA Regulations, can be accessed at the following link: http://www.dhs.gov/xlibrary/assets/FOIA_FedReg_Notice.pdf

The Office of Government Information Services (OGIS) also mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you wish to contact OGIS, you may email them at ogis@nara.gov or call 1-877-684-6448.

Sincerely,

U.S. Department of Homeland Security

202-343-1743 (Main FOIA Number)
202-343-4011 (Fax)

Visit our FOIA website

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Jason Smathers

I first saw the denial after the appeal rights expired. Would you like to extend those appeal rights or would you like for me to submit a new request for the same information?

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 Feb. 28, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DHS/MGMT 11-85/Smathers ; Appeal DHS11-029.

Thank you for your help.

From: Lasko, Linda

Mr. Smathers,

This is to advise you of the status of your appeal of FOIA #DHS/MGMT 11-85; your appeal is closed and you were advised, through the MuckRock contact information you originally provided of the determinations.

*On May 9, 2012, your appeal was remanded back to the DHS Management Directorate and you were advised of this action by the adjudicating office.
*On June 13, 2012, the Management Directorate, after further consideration of the case file, advised you of their determination.
*On January 31, 2014, you were advised your appeal was closed.

The DHS FOIA appeal process, outlined in the DHS FOIA Regulations, can be accessed at the following link: http://www.dhs.gov/xlibrary/assets/FOIA_FedReg_Notice.pdf

The Office of Government Information Services (OGIS) also mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you wish to contact OGIS, you may email them at ogis@nara.gov or call 1-877-684-6448.

Sincerely,


U.S. Department of Homeland Security

202-343-1743 (Main FOIA Number)
202-343-4011 (Fax)

Visit our FOIA website

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

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