SF-716 2001-2017 (Federal Bureau of Investigation)

Emma North-Best filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking #

1409892-000, DOJ-AP-2019-005267

1409892-000

Multi Request SF-716 2001-2017
Est. Completion None
Status
Fix Required

Communications

From: Emma North-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-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

From: Federal Bureau of Investigation

There are eFOIA files available for you to download.

  • Ee8daf1ffb6a0c8a941fa18abb366dea4ceca45df_Q36735_R344704_D2237238

  • Ee8daf1ffb6a0c8a941fa18abb366dea4ceca45df_Q36735_R344704_D2163055

From: Emma North-Best

I am appealing these redactions in their entirety, as the forms themselves are already public. The Bureau's claim otherwise demonstrates the bad faith with which they were reviewed, as well as the excessiveness and utter inappropriateness of their use.

From: Federal Bureau of Investigation

This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DOJ-AP-2019-005267
* Request Tracking Number: 1409892
* Requester Name: Emma Best
* Date Submitted: 05/31/2019
* Appeal Status: Submitted
* Description: FBI Appeal

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

From: Federal Bureau of Investigation

Appeals are handled by the Office of Information Policy (OIP), U.S. Department of Justice, not the FBI. Once OIP renders a decision regarding your appeal, the FBI will be notified of the decision.
For all appeals or appeal status updates please contact OIP (you must clearly cite your FOIPA number in any correspondence to OIP to have your request properly identified).
You can track the status of your appeal at https://www.justice.gov/oip/submit-and-track-request-or-appeal or call 202-514-3642.

When writing to OIP please use the following address:
Director
Freedom of Information Appeal
Office of Information Policy (OIP)
U.S. Department of Justice
1425 New York Avenue, NW, Suite 11050
Washington D.C. 20530-001

Respectfully,

Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Information Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391
Questions E-mail: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps Status updates are performed on a weekly basis.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

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