It is a clone of this request.
|Multi Request||SF-716 2001-2017|
|Submitted||June 24, 2018|
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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.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #18-02298-FOIA.
Thanks for your help, and let me know if further clarification is needed.
A copy of documents responsive to the request.
You have received 2 secure files from email@example.com.
Use the secure links below to download.
Good Morning Ms. Best,
Please see the enclosed response to a FOIA request you submitted to the SEC.
Secure File Downloads:
Available until: 07 September 2018
Click links to download:
SF-716 Forms.pdf ,6.10 MB - [Fingerprint: 6559ad4d65ea9a6e8908c7a43dc8b3df]
Response 18-02298-FOIA.pdf ,59.26 KB - [Fingerprint: 89939c783bac5a187acad94c4094331e]
You have received attachment link(s) within this email sent via SEC's Secure File Transfer. To retrieve the attachment(s), please click on the link(s).
Thanks so much for your help with this request! I really appreciate it.
Good Morning Ms. Best,
A response and the documents were sent to via email on August 8, 2018. For your reference, I’ve attached a copy of the email receipt. From the attachment, you should be able to click on the links to download the documents.
Ronnye L. Hall
FOIA Research Specialist
US Securities and Exchange Commission
Office of FOIA Services
100 F Street, NE
Room 2733, Station Place 2
Washington, DC 20549
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