SF-716 2001-2017 (National Reconnaissance Office)

Emma Best filed this request with the National Reconnaissance Office of the United States of America.

It is a clone of this request.

Tracking #

F-2018-00118

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 Reconnaissance Office

An acknowledgement letter, stating the request is being processed.

From: National Reconnaissance Office

A copy of documents responsive to the request.

From: National Reconnaissance Office

Dear Ms. Best,

The final response package for case F-2018-00118 was placed in the mail towards the end of last week. You should expect to receive a response in the near future.

Sincerely,

Information Review and Release Group

National Reconnaissance Office

From: Emma Best

I am appealing the determination that the information is classified, as it is not and has been released by numerous other agencies. Further, there is no foreseeable harm from the release of the information, nor any way to exploit it. Further, the b(3) citation is inapplicable prima facie.

From: National Reconnaissance Office

From: Emma Best

Your email was not legible, please resend it. Thanks!

From: National Reconnaissance Office

From: Emma Best

Again, the email is illegal and seems to simply contain an smime.p7m file.

From: National Reconnaissance Office

A letter stating that the request appeal has been received and is being processed.

From: Emma Best

*illegible.

That was a very unfortunate autocorrect!

From: National Reconnaissance Office

A copy of documents responsive to the request.

From: National Reconnaissance Office

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