SF-716 2001-2017 (National Aeronautics and Space Administration)

Emma Best filed this request with the National Aeronautics and Space Administration of the United States of America.

It is a clone of this request.

Tracking #

18-HQ-F-00679

Multi Request SF-716 2001-2017
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-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: National Aeronautics and Space Administration

  • 18-HQ-F-00679 MS. EMMA BEST FOIA REQUEST ACKNOWLEDGEMENT LETTER 2

From: National Aeronautics and Space Administration

  • 18-HQ-F-00679 MS. EMMA BEST FOIA REQUEST 10-DAY EXTENSION LETTER

From: National Aeronautics and Space Administration

From: National Aeronautics and Space Administration

Hello Ms. Best,

We are currently working on your request. However, the responsive information seems to be more complicated than we expected.

Sincerely,

Josephine

From: National Aeronautics and Space Administration

  • 18-HQ-F-00679 MS. EMMA BEST FOIA REQUEST INITIAL DETERMINATION RESPONSE

From: Emma Best

I am appealing the improper withholding of the reporting category information, information which numerous other agencies have released and that the release of which would not and could not interfere with anything that might be protected under b7E.

  • 18-HQ-F-00679 MS. EMMA BEST FOIA REQUEST INITIAL DETERMINATION RESPONSE

From: National Aeronautics and Space Administration

Hello Ms. Best,

Please disregard this release, we are going to send you an update.

Sincerely,

Josephine

From: National Aeronautics and Space Administration


  • 18-HQ-F-00679 MS. EMMA BEST FOIA REQUEST INITIAL DETERMINATION RESPONSE UPDATE

  • 18-HQ-F-00679 MS. EMMA BEST FOIA REQUEST INITIAL DETERMINATION RESPONSE UPDATED 23 OCT 2018

From: National Aeronautics and Space Administration

Hello Ms. Best,

Today we received your request for an Appeal for the above FOIA Request Number. Per our email dated October 4, 2018, you were provided with an Initial Determination Response on October 23, 2018. Please advise if you still wish to continue with the requested Appeal.

Thank you.

Josephine

From: Emma Best

"Per our email dated October 4, 2018, you were provided with an Initial Determination Response on October 23, 2018. "

This sentence makes no sense and is impossible unless the government has managed to bypass linear time.

From: National Aeronautics and Space Administration

Good Morning Ms. Best,

I am writing to clarify the email you received concerning NASA’s response to your FOIA request number 18-HQ-F-679.

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