Sunday, April 20, 2014
 

FOI Request

Request for information on government programs

Requested by ramdac on June 17, 2013 for the National Security Agency of United States of America

Status: Awaiting Appeal


From Jason Gulledge on June 17, 2013:

To Whom It May Concern:

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

This is a request to the National Security Agency on all documents titled or mentioning the following terms in context of a government program or tool: "ANCHORY", "AMHS", "NUCLEON", "TRAFFICTHIEF", "ARCMAP", "SIGNAV", "COASTLINE", "DISHFIRE", "FASTSCOPE", "OCTAVE/CONTRAOCTAVE", "PINWALE", "UTT", "WEBCANDID", "MICHIGAN", "PLUS", "ASSOCIATION", "MAINWAY", "FASCIA", "OCTSKYWARD", "INTELINK", "METRICS", "BANYAN", "MARINA".

In the fulfillment of this request, regardless of outcome, please include processing notes.

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 Gulledge

 
From National Security Agency to MuckRock on July 17, 2013:

Fix Required
Fix Required
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A letter stating clarification is required to perfect the request and a fee waiver has been rejected. It also outlines enclosed responsive documents.
Responsive Documents
Responsive Documents
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Documents outlining the "Anchory" program
 
From MuckRock.com to National Security Agency on July 17, 2013:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 17, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

 
From Jason Gulledge to National Security Agency on July 25, 2013:

To the FOIA Appeal Officer as well as primary FOIA request processor:

This is an appeal and further clarification regarding this agency's
recent determination to deny my request to be considered a
representative of the news media for FOIA fee categorization.

First, I ask that my request continue to be processed pending review of
my appeal. I agree to pay up to $100 in fees if my appeal is denied, and
do not wish to further delay this request pending appeal. If further
clarification is needed, please let me know and I am happy to provide
it.

Secondly, I appeal the determination against classifying me as a media
requester for purposes of FOIA fee categorization.

To address the standards outlined by this office more fully:

1) Requester must be a person or entity that gathers information of
potential interest (news) to a segment of the public. The FOIA defines
'news' as information that is about current events or that would be of
current interest to the public.

Both MuckRock as an organization and I as an individual, gather and
report news of great interest to the general public.

MuckRock requests and editorial pieces are regularly
re-reported by local, national, and international news organizations, and
have sparked congressional questioning, administrative reforms, and
broader understanding.

For example, a MuckRock request and reporting on the TOR network:

https://www.muckrock.com/foi/united-states-of-america-10/silk-road-anonymous-marketplace-doj-801/
https://www.muckrock.com/news/archives/2012/jun/08/hunting-child-porn-fbi-stymied-tor-undernet/

Which in turn has been cited in numerous other reports:
http://arstechnica.com/tech-policy/2012/06/fbi-halted-one-child-porn-inquiry-because-tor-got-in-the-way/
http://freebeacon.com/anonymous-jihad/

The Boston Phoenix provided an in-depth profile of our editorial
operations:

http://thephoenix.com/boston/news/111660-muckrock-city/

While noted media commentator Dan Kennedy said MuckRock was a "first
amendment hero in the making":

http://dankennedy.net/2010/11/18/a-first-amendment-hero-in-the-making/

An incomplete list of other outlets re-reporting news broken by MuckRock
can be found here:

https://pinboard.in/u:morisy/t:muckrock_press/

My own individual requests are part of this editorial process, and
already documents released have been analyzed:

https://www.muckrock.com/news/archives/2013/jul/25/anchory-documents-offer-glimpse-90s-era-nsa-intell/

2) Requester must use its editorial skills to turn the raw materials
into a distinct work.

Unlike some FOIA repository sites, MuckRock also publishes a large
amount of original editorial material based on the documents requested
by its community. This editorial analysis and commentary is primarily
published on its own site:

https://www.muckrock.com/news/archives/

But occasionally syndicated or appearing in other publications under
agreement, such as this investigative front-page story in the Boston
Globe:

http://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

The editorial capacity includes, but is not limited to, original
analysis, original interviews, synthesis of materials, and added context
around the documents. MuckRock's team consists of journalists with
experience at a number of other more traditional news outlets
including the Boston Phoenix, the Weekly Dig, the New York Daily News,
the Boston Globe, and numerous other local, regional, and national
publications, and they bring this experience and expertise to bear in
analyzing and reporting on requested documents.

3) Requester must distribute that work to an audience.

MuckRock has over 1,000 active members and tens of thousands of readers,
constituting a large and, as cited above, obviously influential audience
of educated news consumers, so that news reported on the site spreads
far beyond its direct readership. For further reference, I again point
this office to:

https://pinboard.in/u:morisy/t:muckrock_press/

Thank you for your consideration and prompt response to this request,
and please do not hesitate to follow up with any further clarifications
or questions.

Jason Gulledge

 
From MuckRock to National Security Agency on Aug. 7, 2013:

Hi,

Thanks for taking the time just now to help with this appeal. This is the resubmission, as requested. I can be reached at 857-488-3081 for confirmation or any questions.

 
From foiarsc, foiarsc to Jason Gulledge on Aug. 21, 2013:

Good Morning Mr. Gulledge,

This email is in response to your status check, sent via fax on 17 Jul 2013 regarding the processing of Case Number 71285. As you are aware, our initial response was mailed out to you on or about 11 Jul 2013, after which we received your Appeal request regarding the fee category determination. That Appeal was received on or about 8 Aug 2013, and was assigned Appeal #3806. Any further correspondence regarding the appeals process will come directly for our Office of General Counsel.

Additionally, in your appeal letter, you indicated you would like processing of your case to continue (concurrent to the Appeals processing) and provided a willingness-to-pay statement for search/duplication fees incurred up to $100.00. As stated in our 11 July 2013 initial correspondence, your 2-free hours as an "all other" requester has been exhausted; your agreement to pay up to $100.00 equates to 2.25 hrs of added search time. We will, however, continue to search for responsive documents until such time that your $100.00 fee agreement is expended. Please be advised that every effort will be made to locate responsive documents. You neglected to redefine or narrow your request as we had requested in the initial correspondence of 11 July 2013, so we will search to the best of our abilities within the cost limit set by you.

We will provide additional updates to you via US postal mail after we have completed the additional search.

Cindy Blacker
NSA/CSS FOIA Officer. POC
(301)688-6527

 
From National Security Agency to Jason Gulledge on Sept. 5, 2013:

A letter stating that the request appeal has been received and is being processed.

Appeal Acknowledgement
Appeal Acknowledgement
View | Download
 
  • Fix Required
  • Responsive Documents
  • Appeal Acknowledgement
 
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