SF-716 2001-2017 (National Geospatial-Intelligence Agency)

Emma Best filed this request with the National Geospatial-Intelligence Agency of the United States of America.

It is a clone of this request.

Tracking #

NGA-2018-FOI-00077

Multi Request SF-716 2001-2017
Est. Completion None
Status
Awaiting Appeal

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 Geospatial-Intelligence Agency

Classification: UNCLASSIFIED
======================================================

Good Morning Ms. Best,

Please see your attached NGA Freedom of Information Act (FOIA) Acknowledgement Letter. We will begin processing your request NGA-2018-FOI-00077.

Please contact me at FOIANGA@nga.mil or via phone 571-557-4141, if you have any questions. Thank you for your time.

Respectfully,

Ms. Tiffany Richardson
FOIA Specialist / Information Security Specialist
Office of Security, NGA FOIA/PA Requester Service Center
National Geospatial-Intelligence Agency
(571) 557-4141
(571) 558-3165 (fax)

======================================================
Classification: UNCLASSIFIED

  • 2018-FOI-00077 -FOIA Acknowledgement-Clarification Letter

From: National Geospatial-Intelligence Agency

Classification: UNCLASSIFIED
======================================================

Good Afternoon Ms. Best,

In reference to your status update request for 2018-FOI-00077. We acknowledge your request 2018-FOI-00077 is 12 days past due. Your request has produced documents and they are under review within the NGA FOIA Office. Upon completion the documents will be reviewed by two additional offices before release as a part of the NGA FOIA process. We are working diligently to complete your request in a timely manner. Estimated completion date is mid-August.

Please contact me at FOIANGA@nga.mil or via phone 571-557-4141, if you have any questions. Thank you for your time.

Respectfully,

Ms. Tiffany Richardson
FOIA Specialist / Information Security Specialist
Office of Security, NGA FOIA/PA Requester Service Center
National Geospatial-Intelligence Agency
(571) 557-4141
(571) 558-3165 (fax)

From: National Geospatial-Intelligence Agency

Classification: UNCLASSIFIED
======================================================

Good Morning Ms. Best,

In reference to your status update for request 2018-FOI-00077. We acknowledge your request 2018-FOI-00077 is 141 days past due. Your request under review for signature. We should have this closed out this week.

If you have any more questions please feel free to contact me or my program manager Mr. Charles Melton. Thank you for your time.

Respectfully,

Ms. Tiffany Richardson
FOIA Specialist / Information Security Specialist
Office of Security, NGA FOIA/PA Requester Service Center
National Geospatial-Intelligence Agency
(571) 557-4141
(571) 558-3165 (fax)

From: National Geospatial-Intelligence Agency

Classification: UNCLASSIFIED
======================================================

Good Morning Ms. Best,

I apologize for the delay, please see the attached documents in response to your requests 2018-FOI-00077.

If you have any questions please feel free to contact us. Thank you for your time and patience.

2 Enclosures
1. 2018-FOI-00077 Responsive Doc (20 pages)
2. 2018-FOI-00077 NGA Final Response Letter (2 pages)

Respectfully,

Ms. Tiffany Richardson
FOIA Specialist / Information Security Specialist
Office of Security, NGA FOIA/PA Requester Service Center
National Geospatial-Intelligence Agency
(571) 557-4141
(571) 558-3165 (fax)

======================================================
Classification: UNCLASSIFIED

From: Emma Best

I am appealing the redactions in their entirety, including but not limited to the finding that they are properly classified and cannot be declassified without injury to the United States.

Files

pages

Close