SF-716 2001-2017 (Army - United States Department of the Army)

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-716 forms (https://www.archives.gov/files/isoo/security-forms/sf716.pdf) produced from January 1, 2001 through December 31, 2017. SF-716 forms are filed annually and may also be identified as Agency Security Classification Costs Estimates.

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.

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). 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 are moot for the purposes of determining the 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

The claim that I did not specify the records request is ridiculous, as I gave the exact form and years that are relevant. The form is filed annually. The only way I could be more specific is if I emailed the documents to the agency and asked that those specific copies be released. If you disagree, then close the request so that I can appeal it. I have already won similar appeals with other agencies, and to be honest, I wouldn't mind an excuse to find another lawyer to sue yet another agency and force you to pay the legal fees.

The claim that I did not specify the records request is ridiculous, as I gave the exact form and years that are relevant. The form is filed annually. The only way I could be more specific is if I emailed the documents to the agency and asked that those specific copies be released. If you disagree, then close the request so that I can appeal it. I have already won similar appeals with other agencies, and to be honest, I wouldn't mind an excuse to find another lawyer to sue yet another agency and force you to pay the legal fees.

I am appealing the assertion that the request is too broad, as it requests a single specific document produced annually, for a limited number of years. The request could not be more specific.