SF-716 2001-2017 (U.S. Department of State)

Emma Best filed this request with the U.S. Department of State of the United States of America.

It is a clone of this request.

Tracking #

F-2018-04757

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: U.S. Department of State

An acknowledgement letter, stating the request is being processed.

From: Emma Best

You know it's SF-716, not SF-176, right?

From: U.S. Department of State

Dear Emma Best,

Your FOIA request is pending processing. Please note that the Department processes FOIA and Privacy Act requests on a first-in, first-out basis, and currently has a backlog of approximately 10,400 cases. As a result, there could be delays in processing your request.

For your information, the Department of State has a collection of records on its website and makes monthly postings of records previously released in response to FOIA requests. You may search the Department's website at www.foia.state.gov<http://www.foia.state.gov> for records that may be responsive to your request.

If you have any questions, please contact the FOIA Requester Service Center (FRSC) at (202) 261-8484, or fax us at (202) 261-8579 or send an e-mail to foiastatus@state.gov<mailto:foiastatus@state.gov>.
Regards,

U.S. Department of State
FOIA Requester Service Center
(202) 261-8484

From: U.S. Department of State

Dear Emma Best,

This is in response to your email below regarding the status of FOIA Case Control Number F-2018-04757. The Office of Information Programs and Services electronic records system indicates that your request remains in process. You will be notified of the Department’s search and review efforts in response to this request as soon as that information becomes available.

We appreciate your continued patience.

If you have further concerns or any questions regarding any FOIA-related matter, please contact the FOIA Requester Service Center (FRSC) at 202-261-8484 or send an e-mail to foiastatus@state.gov<mailto:foiastatus@state.gov>.
Regards,
Katrina Wood
U.S. Department of State
FOIA Requester Service Center

From: U.S. Department of State

Ms. Best,

This is in response to your email below regarding the status of FOIA Case Control Number F-2018-04757. The Office of Information Programs and Services electronic records system indicates that your request remains in process. You will be notified of the Department's search and review efforts in response to this request as soon as that information becomes available.

We appreciate your continued patience.

If you have further concerns or any questions regarding any FOIA-related matter, please contact the FOIA Requester Service Center (FRSC) at 202-261-8484 or send an e-mail to foiastatus@state.gov<mailto:foiastatus@state.gov>.
Regards,

U.S. Department of State
FOIA Requester Service Center

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