SF-311 2017 (Marines - United States Marine Corps, USMC)

Emma Best filed this request with the Marines - United States Marine Corps, USMC of the United States of America.
Tracking #

DON-USMC-2018-008972

Multi Request SF-311 2017
Status
Completed

Communications

From: Emma Best


To Whom It May Concern:

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

Copies of all drafted, submitted or received SF-311 forms (https://www.archives.gov/files/isoo/security-forms/sf311.pdf) produced in the year prior to the receipt of this FOIA request. SF-311 forms may also be identified as Agency Security Classification Management Program Data.

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. 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 Internet Archive and 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: Marines - United States Marine Corps, USMC

Ms. Best --If you would like to submit a FOIA request, we kindly ask that you submit your request via our web-based system, which can be found at https://foiaonline.regulations.gov. This way, your request will be tracked from the moment it is received, and it will then be routed to the command that would have cognizance over any responsive records. This is the best way for you to obtain the information you are requesting. If you have any questions or concerns, please feel free to call our office at 703-614-4008.

Sincerely,

HQMC FOIA TEAM

From: Marines - United States Marine Corps, USMC

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2819a30ea)
* Tracking Number: DON-USMC-2018-008972
* Requester Name: Emma Best
* Date Submitted: 06/27/2018
* Request Status: Submitted
* Description: Copies of all drafted, submitted or received SF-311 forms (https://www.archives.gov/files/isoo/security-forms/sf311.pdf) produced in the year prior to the receipt of this FOIA request. SF-311 forms may also be identified as Agency Security Classification Management Program Data. 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. 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 Internet Archive and 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.

From: Marines - United States Marine Corps, USMC

DON-USMC-2018-008972 has been processed with the following final disposition: Partial Grant/Partial Denial-------------------------------------Dear Ms. Best,Attached, please see our response to your Freedom of Information request. Should you have any questions, please feel free to contact us.Sincerely,FOIA Team703-614-4008hqmcfoia@usmc.mil

From: Emma Best

The files were not included, the attached document ends with the enclosures page. Please resend it.

From: Marines - United States Marine Corps, USMC

To Whom It May Concern,

We apologize that the files did not send via FOIAonline. The response records are attached. Thank you for your patience.

FOIA Team

Commandant of the Marine Corps (ARSF)
Headquarters US Marine Corps
3000 Marine Corps Pentagon Rm 2B289
Washington DC 20350-3000

FOIA/PA Phone: (703) 614-4008 DSN: 224
Fax: (703) 614-6287
FOIA Email: hqmcfoia@usmc.mil

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From: Emma Best

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Emma Best

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