The Great MuckRock
| Tracking # |
1365915-000 |
| Submitted | Jan. 23, 2017 |
| Est. Completion | None |
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Communications
From: Michael Best
To Whom It May Concern:
By the power vested in me under the Freedom of Information Act, I hereby request any and all records relating to or mentioning Capt Thomas Anthony "Tom/Maverick" Mravak AKA MuckRock AKA The Great MuckRock. Proof of death (per FBI practice of providing URLs to fulfill FOIA requests where files are already on FBI.gov, URLs are acceptable): http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=17346782
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.
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. 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, 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,
Michael Best
From: FOIPARequest
Dear Mr. Best,
Before the FBI can process your Freedom of Information Act/Privacy (FOIPA) request you must provide the following information highlighted with an “X” Mark.
_____A current and complete mailing address is required as the FBI does not send releases and/or correspondence by electronic means. (Unless the request has already been submitted through eFOIPA.)
_____Proof of death is required such as: (death certificate, obituary, written media, recognized source that can be documented, Who’s Who in America, FBI file that indicates subject is deceased, or the Social Security Death Index Page). Proof of death is not required if date of birth is 100 years ago or greater but a date of birth is needed
__x___A website link in itself does not satisfy the proof of death requirement (Please provide the actual documentation and source)
_____The U. S. Department of Justice DOJ-361 Form<https://www.fbi.gov/file-repository/u-s-department-of-justice-form-361-certification-of-identity.pdf/view> (Certification of Identity) requires an original and legible signature
_____ The U. S. Department of Justice DOJ-361 Form<https://www.fbi.gov/file-repository/u-s-department-of-justice-form-361-certification-of-identity.pdf/view> (Certification of Identity) and/or privacy waiver must be completed before a Privacy Act request can be processed. Please send the attachment or attachments independently in either a Word Document or PDF.
_____The U. S. Department of Justice DOJ-361 Form<https://www.fbi.gov/file-repository/u-s-department-of-justice-form-361-certification-of-identity.pdf/view> (Certification of Identity) and/or privacy waiver is not legible, properly sized or cannot be accessed in the submitted format. Please send the attachment or attachments independently in either a Word Document or PDF. The documents must be compatible with Microsoft Office 2007 products.
_____Other information as stated:
_____The attachments cannot be opened in the present format. Please resend either as a pdf or a Word Document.
Please complete and submit the required information in order for the FBI to process your request.
Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov/ or http://www.fbi.gov/foia/. If you require additional assistance please contact me.
Thank you,
Leanna Ramsey
Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4854
Fax: (540) 868-4391/4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>
PLEASE REPLY DIRECTLY TO FOIPAREQUESTS@IC.FBI.GOV
Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia
Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.
-
~WRD000
From: Michael Best
Thank you for affirming that you will, from now on, provide only PDF attachments and not URLs directing me to the FBI Vault. Like your Agency, I am not always able to access links.
I am very grateful that your agency has made it clear that it will NEVER AGAIN send me a letter saying "go to our website and look there" as that violates your own procedures and standards.
Otherwise, again, you're applying a capricious standard which is I L L E G A L. =)
From: FOIPARequest
Dear Mr. Best,
The FBI has received your Freedom of Information Act/Privacy (FOIPA) request and it will be forwarded to Initial Processing for review. Your request will be processed under the provisions of FOIPA and a response will be mailed to you at a later date.
Requests for fee waivers and expedited processing will be addressed once your request has been assigned a FOIPA request number. You will receive written notification of the FBI’s decision.
You have requested records concerning one or more third party individuals. The FBI recognizes an important privacy interest in the requested information. You may receive greater access to these records (if they exist) by providing one of the following: (1) an authorization and consent from the individual(s) (i.e., express authorization and consent of the third party); (2) proof of death (i.e., proof that your subject is deceased); or (3) a justification that the public interest in disclosure outweighs personal privacy (i.e., a clear demonstration that the public interest in disclosure outweighs personal property interests).
The U. S. Department of Justice CERTIFICATION OF IDENTITY (Authorization to Release Information to Another Person)-FORM DOJ-361<https://www.fbi.gov/file-repository/u-s-department-of-justice-form-361-certification-of-identity.pdf/view> can be used to provide consent. The form is also available at http://www.fbi.gov<http://www.fbi.gov>/, http://www.fbi.gov/foia/<http://foia.fbi.gov> or http://www.justice.gov/oip/. Note-please provide the following information on the OPTIONAL: Authorization to Release Information to Another Person line: Your name, title/business (if applicable) and a complete and current mailing address. Acceptable forms of proof of death include; obituaries, death certificates, recognized sources that can be documented, written media, Who’s Who in America, FBI file that indicates person is deceased or the Social Security Death Index. A waiver or proof of death is not required if date of birth is 100 years ago or greater. Note-a web link in itself does not satisfy proof of death.
Please return the form or letter to one of the following: by mail: FBI, Attn: FOIPA Request, 170 Marcel Drive, Winchester, VA 22602-4843, by fax: (540) 868-4391/4997 or by e-mail: foiparequest@ic.fbi.gov. You may submit an attachment listing additional information that may aid in locating responsive records. Please place your name and contact information on the attachment.
Information regarding the Freedom of Information/Privacy Act is available at http://www.fbi.gov<http://www.fbi.gov>/ or http://www.fbi.gov/foia/. If you require additional assistance please contact the Public Information Officer.
Thank you,
Leanna Ramsey
Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4854
Fax: (540) 868-4391/4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>
PLEASE REPLY DIRECTLY TO FOIPAREQUESTS@IC.FBI.GOV
Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia
Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.
-
~WRD000
From: Michael Best
You are not permitted to cite hypothetical exemptions before processing the request.
Further, I did provide the proof of death. Please see my original request which has the proof of death required in the form of a URL which documents the death fully.
From: FOIPARequest
Good afternoon Mr. Best,
The FBI has received your Freedom of Information Act/Privacy (FOIPA) request and it will be forwarded to Initial Processing for review. Your request will be processed under the provisions of FOIPA and a response will be mailed to you at a later date.
Requests for fee waivers and expedited processing will be addressed once your request has been assigned an FOIPA request number. You will receive written notification of the FBI’s decision.
Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov<http://www.fbi.gov>/ or http://www.fbi.gov/foia/<http://www.fbi.goiv/foia/>. If you require additional assistance please contact the Public Information Officer.
Thank you,
Leanna Ramsey
Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4854
Fax: (540) 868-4391/4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>
PLEASE REPLY DIRECTLY TO FOIPAREQUESTS@IC.FBI.GOV
Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia
Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.
-
~WRD148
From: Federal Bureau of Investigation
A fix is required to perfect the request.
From: MuckRock
Hi there,
Could you please confirm that the previously-submitted obituary was received and accepted appropriately?
Thank you so much,
Beryl, MuckRock
From: FOIPARequest
Good morning,
We have not received valid proof of death for this request.
Respectfully,
Leanna Ramsey
Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391/4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>
PLEASE REPLY DIRECTLY TO FOIPAREQUESTS@IC.FBI.GOV
Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia
Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.
-
~WRD367
From: Michael Best
A PDF copy of the obituary was sent in an email on January 27th.
Subject: RE: Freedom of Information Request: The Great MuckRock
From: requests@muckrock.com
To: FOIPARequest@ic.fbi.gov
Date: Fri, 27 Jan 2017 17:12:47 -0000
From: FOIPARequest
The January 27th email did not contained an attached proof of death. I only received an email saying to please see the original request, containing proof of death in the form of URL.
Leanna Ramsey
Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391/4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>
PLEASE REPLY DIRECTLY TO FOIPAREQUESTS@IC.FBI.GOV
Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia
Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.
-
~WRD092
From: Michael Best
I apologize, there was either some error or I misunderstood something. One should follow shortly.
From: FOIPARequest
Thank you.
Leanna Ramsey
Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391/4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>
PLEASE REPLY DIRECTLY TO FOIPAREQUESTS@IC.FBI.GOV
Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia
Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.
-
~WRD156
From: MuckRock
Hi there,
Could you please confirm this obituary has been appropriately received? If the attachment does not appear to be included, the materials as they were sent can be found attached to this communication at the following URL: https://d3gn0r3afghep.cloudfront.net/foia_files/2017/01/27/Capt_Thomas_Anthony__Tom_Maverick__Mravak_1942_-_1971_-_Find_A_Grave_Memorial.pdf. Further, if this communication does seem to lack an attachment, any clarification about what mechanisms your email reception has in place that might be stripping such attachments from emails would be greatly appreciated.
Thank you.
From: FOIPARequest
Good morning,
The obituary has been appropriately received and it has been forwarded to the assigned analyst for review.
Additional information regarding the FOIPA may be accessed at http://www.fbi.gov/ or http://www.fbi.gov/foia/.
If you require additional assistance please contact me.
Thank you,
Leanna Ramsey
Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391/4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>
PLEASE REPLY DIRECTLY TO FOIPAREQUESTS@IC.FBI.GOV
Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia
Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.
-
~WRD133
From: Michael Best
Thanks for confirming that it was received. =) I'm not sure what the error was before, but am glad to know it was resolved.
From: FOIPARequest
You’re welcome. Have a great day.
Leanna
Leanna Ramsey
Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391/4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>
PLEASE REPLY DIRECTLY TO FOIPAREQUESTS@IC.FBI.GOV
Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia
Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.
-
~WRD046
From: Federal Bureau of Investigation
A no responsive documents response.
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