Twitter DMs (Department of Energy)

Emma Best filed this request with the Department of Energy of the United States of America.
Tracking # HQ-2017-00603-F
Status
Completed

Communications

From: Michael Best

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.

Sincerely,

Michael Best

From: Finney, Auborn T. (CONTR)

Good Afternoon Mr. Best,

I am reaching out to get clarification on your FOIA request concerning Department of Energy Twitter messages. Are you available to discuss the request today or tomorrow. I can be reached at the number below, or if you provide me with a phone number I will contact you whenever is convenient. I look forward to hearing from you.
Best regards,

Auborn Finney
FOIA Analyst
Central Research, Inc. Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
(202)586-1404

From: Michael Best

We'll have to communicate by email, if that's alright.

From: Finney, Auborn T. (CONTR)

Good Morning Mr. Best,

Email is perfectly fine. I need clarification for your FOIA request dated February 21, 2017, requesting" Copies of all Twitter Direct Messages sent to or from any Agency Twitter accounts". Are you requesting copies of all direct messages from twitter account @Energy? Also to process your requester faster are you willing to accept direct messages from twitter account @Energy from September 1, 2016 until the date of your request? If you have any questions please do not hesitate to contact me.

Thank you,

Auborn Finney
FOIA Analyst
Central Research, Inc. Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
(202)586-1404

From: Michael Best

That account is fine for the purposes of this request, though I'd prefer Direct Messages to or from the account for all available dates. Thanks!

From: Finney, Auborn T. (CONTR)

Hello Mr. Best

Your amended request is:

Copies of all Twitter Direct Messages sent to or from twitter account @Energy.

Please reply with your confirmation.

Thank you,

Auborn Finney
FOIA Analyst
Central Research, Inc. Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
(202)586-1404

From: Michael Best

Correction: all Twitter Direct Messages sent to or from the twitter accounts @Energy and @doescience.

Thanks!

From: Finney, Auborn T. (CONTR)

Mr. Best,

Thank you for the quick replies. I will continue to process your request with this new information. If you have any questions please do not hesitate to contact me.
Best regards,

Auborn Finney
FOIA Analyst
Central Research, Inc. Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
(202)586-1404

From: Finney, Auborn T. (CONTR)

Good Morning Mr. Best,

Please find attached the interim response for your FOIA request to the Department of Energy dated March 6, 2017.
Best regards,

Auborn Finney
FOIA Analyst
Central Research, Inc. Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
(202)586-1404

From: Finney, Auborn T. (CONTR)

Hello Mr. Best,

I have attached the final response for your FOIA request, HQ-2017-00603-F, to the Department of Energy.
Best regards,

Auborn Finney
FOIA Analyst
Central Research, Inc. Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
(202)586-1404

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