|Submitted||Feb. 21, 2017|
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Copies of all Twitter Direct Messages sent to or from any Agency Twitter accounts.
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.
Please be advised that this office serves as the policy and oversight office for the Department of the Army Freedom of Information and Privacy Acts entities, and is not a repository for documents for the Department of the Army. Requests for information and documents under the purview of the Army are sent to the agency most likely to have responsive records for a review in accordance with Army Regulation 25-55, The Army Freedom of Information Act program.
The Freedom of Information Act (FOIA) only provides the means by which the public can request specific documents from the Army. The FOIA does not require Federal agencies to answer questions, render opinions, do legal research, compile or analyze data, conduct surveys, or provide subjective evaluations.
As stated previously, this office has no records. This is too broad as written, the documents that you are requesting regarding Copies of all Twitter Direct Messages sent to or from any Agency Twitter accounts, are you requesting HQ DA? If we do not hear from you within 10 days from the date of this email, we will assume you are no longer interested in this FOIA request, and the case will be administratively closed. Please be advised that this email is not a denial of your request and will not preclude you from filing other requests in the future.
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