SF-716 2001-2017 (United States Postal Service)
It is a clone of this request.
| Tracking # |
2018-APP-00124, 2018-FPIS-00398, 2018-APP-00124 2018-FPIS-00398 2018-FPRO-01039 |
| Multi Request | SF-716 2001-2017 |
| Submitted | June 24, 2018 |
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Communications
From: Emma North-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 North-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
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
The request has been rejected by the agency.
From: United States Postal Service
The request has been rejected by the agency.
From: Emma North-Best
I am appealing the determination that no such documents exist, as the USPS is legally REQUIRED to file the forms on an annual basis, as it is an executive agency. The USPS claim that the forms do not exist is a claim that the USPS is violating the laws and requirements it is subject to. A lack of any classified materials does NOT exempt the USPS from submitting the forms specified, it merely means that the USPS would ostensibly fill out the form to indicate no classified materials exist and no funds are expended on security. The apparent failure to actually perform a search, as opposed to claiming that they wouldn't exist, is a violation of the FOIA and is therefore appealed in its entirety.
From: United States Postal Service
Dear Ms. Best:
Attached please find my final response to your correspondence to the Office of Inspector General regarding FOIA Appeal 2018-APP-00124. I have also included a copy of your correspondence as reference.
The U.S. Postal Service each maintain their own separate FOIA offices and the OIG has no authority or responsibility over FOIA responses issued by either the Postal Service or the USPIS. The OIG also has no authority or responsibility over FOIA Appeal determinations issued by the Postal Service Law Department.
I hope this information is of assistance to you.
Sincerely,
Kathy Kikel
Government Information Analyst
USPS-OIG FOIA Public Liaison
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