|Submitted||Feb. 21, 2017|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Electronic copies of your Agency's social media monitoring policies, including but not limited to Privacy Impact Assessments.
I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, 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 the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, 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). Further, 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 itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore 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 request, copied below, and originally submitted on Feb. 21, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d28122a4ce)
* Tracking Number: DON-NAVY-2017-004864
* Requester Name: Michael Best
* Date Submitted: 02/21/2017
* Request Status: Submitted
* Description: Copies of the Agencies social media's monitoring policies
Your request for Fee Waiver for the FOIA request DON-NAVY-2017-004864 has been fully granted. Additional details for this request are as follows:
* Request Created on: 02/21/2017
* Fee Waiver Disposition Reason: N/A
* Request Long Description: Copies of the Agencies social media's monitoring policies
03/28/2017 02:53 PM FOIA Request: DON-NAVY-2017-004864
This acknowledges receipt of your FOIA request for a copy of the Agency's social media monitoring policies, including but not limited to Privacy Impact Assessements. Your request was assigned the above reference number.
You will receive a final response upon completion of processing request.
Thank you for letting me know that I will receive a response. You're required, however, by statute to provide an estimated date of completion when asked. I have asked, but you have failed to provide an estimated date of completion or even basic information about the size of the queues, or the status of the request itself.
Please provide this information as requested, as required by case law, and as required by statute.
Processing of your request was completed on April 7, 2017. A final response letter should be signed by April 14, 2017.
Department of Navy
Office of Naval Intelligence
4251 Suitland Road
Washington, DC 20395
CONFIDENTIALITY/PRIVILEGE NOTICE: This transmission, including
attachments, is intended solely for the use of the designated recipient(s).
This transmission may contain information that is confidential and/or
privileged or otherwise protected from disclosure. The use or disclosure of
the information contained in this transmission for any purpose other than
that intended by its transmittal is strictly prohibited. If you are not an
intended recipient of this transmission, please immediately destroy all
copies received and notify the sender.
05/01/2017 03:24 PM FOIA Request: DON-NAVY-2017-004864
Please see attached Final FOIA Response.