SF-716 2001-2017 (United States Postal Service)

Emma Best filed this request with the United States Postal Service of the United States of America.

It is a clone of this request.

Tracking #

2018-FPIS-00398

2018-FPRO-01039

Multi Request SF-716 2001-2017
Due July 23, 2018
Est. Completion None
Status
Awaiting Response

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: United States Postal Service

Ms. Best:
Please see the attached correspondence from the United States Postal Service.
Sincerely, USPS FOIA Requester Service Center

From: United States Postal Service

Good afternoon. Please see the attached in response to your Freedom of Information Act (FOIA) request with the United States Postal Service. Thanks.

Marthea E. Hodge
Sr. Government Information Specialist (Acting)
Privacy & Records Office
202-268-3908 (office)
202-255-5296 (cell)
Monday & Wednesday only

From: Emma Best

I am appealing the integrity of the search, as the USPS would still have to file the form even if all entries were zero. Per the National Archives, every "Executive Branch agency" must file the form annually.

From: United States Postal Service

An interim response, stating the request is being processed.

From: United States Postal Service

Ms. Best, Please find attached a response pertaining to your Freedom of Information Act request. Thank you, Tiffanie Woodland FOIA Analyst foia@uspis.gov 202-268-7004

From: United States Postal Service

Dear Ms. Best:

Please see my final response to your request for appeal of U.S. Postal Service FOIA request number 2018-FPRO-01039.

Sincerely,

Kathy Kikel
Government Information Analyst
USPS-OIG FOIA Public Liaison

  • 2018-FPRO-01039 Best, Emma Appeal of USPS Determination Response

From: United States Postal Service

Ms. Best:
Please see the attached correspondence from the United States Postal Service.
Sincerely, USPS FOIA Requester Service Center

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