Stratfor (FBI)

Emma North-Best filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking #

A-2021-02128

1379805-000

Est. Completion None
Status
No Responsive Documents

Communications

From: Emma Best

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Files relating to or mentioning Stratfor, which is an American geopolitical intelligence platform and publisher founded in 1996 in Austin, Texas (prior to this time, its predecessor was known as the Center for Geopolitical Studies at Louisiana State University).

It was reported on December 24, 2011 that members of Anonymous had stolen e-mail messages and credit card data from Stratfor's website. In November 2013, computer hacker Jeremy Hammond was sentenced to ten years in federal prison for his role in the Anonymous attack. An FBI informant, Hector Xavier Monsegur (also known as "Sabu"), initially faced 124 years in prison for his role in the attack, but his sentence was reduced to time served plus one year's supervised release in May 2014. WikiLeaks announced the initial publication of more than five million of Stratfor's e-mail messages on February 26, 2012. Anonymous claimed to have provided WikiLeaks with the data. George Friedman stated that third parties may have forged or altered the e-mail messages, but that Stratfor would not validate either alterations or authenticity.

Please conduct a search of the Central Records System, including but not limited to the ELSUR Records System, the Microphone Surveillance (MISUR) Indices, the Physical Surveillance (FISUR) Indices, and the Technical Surveillance (TESUR) Indices, for both main-file records and cross-reference records for all relevant names, individuals, agencies and companies. If any potentially responsive records have been destroyed and/or transferred to NARA, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Bureau has no other copies of said records (as the Bureau has posted copies of records that it previously said were transferred to NARA such as the Tokyo Rose file).

I am a member of the news media and request classification as such. I am freelance writer who has previously written about the government and its activities for MuckRock, Motherboard, Unicorn Riot, AND Magazine and Glomar Disclosure. My articles have been widely read, with some reaching over 100,000 readers. My work has been further discussed in outlets including the New York Times, the Washington Post, and BBC. 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. Per DOJ FOIA guidance, "a requester should be granted a fee waiver if the requested information (1) sheds light on the activities and operations of the government; (2) is likely to contribute significantly to public understanding of those operations and activities; and (3) is not primarily in the commercial interest of the requester." As this FOIA meets all of those requirements (see above regarding the subject and how I will apply the information), a fee waiver is warranted.

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: Federal Bureau of Investigation

An acknowledgement letter, stating the request is being processed.

From: Federal Bureau of Investigation

A copy of documents responsive to the request.

From: Emma North-Best

I am appealing the decision that I must file a second request to get the records I requested, taking THREE YEARS to "fulfill" a request with preprocessed records is preposterous, absurd and inexcusable – nevermind inconsistent with ALL case law and controlling statutes.

From: Federal Bureau of Investigation

The Office of Information Policy has received your FOIA Appeal.  Please see the attached acknowledgment letter.

From: Federal Bureau of Investigation

The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2021-02128 .  A copy of this determination is enclosed for your review, along with any enclosures, if applicable.  Thank you.

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