Twitter DMs (Federal Bureau of Investigation)

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

1369227-000

1369227-000, DOJ-AP-2018-008621

1369227-000

Est. Completion None
Status
Awaiting Appeal

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: FOIPARequest

Dear Mr. Best,

The FBI has received your Freedom of Information/Privacy Act (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.

Please be advised, beginning Wednesday, March 1, 2017, you will no longer be able to submit FOIPA requests via email. On this date, FOIPARequest@ic.fbi.gov<mailto:FOIPARequest@ic.fbi.gov> will permanently be taken offline and requests will need to be submitted using the FBI’s electronic FOIPA portal at https://efoia.fbi.gov, after development and testing for two years. With this full implementation, eFOIPA will provide the FBI with an automated process for the receipt and opening of requests, replacing the current manual process and substantially reducing the time it takes to receive and open each electronic request received. Given the FBI's high volume of requests, this will significantly increase efficiency.

The terms of service for the site will be modified to allow the uploading of attachments, to remove the limitation on the number of requests received each day by the application, to remove limitation on the number of requests which may be submitted by an individual per day, and increase availability to seven days a week-24 hours a day.

The eFOIPA system will allow requests of all types – e.g.; Privacy Act, deceased individuals, policies/procedures, events, organizations, etc. Requesters will:

• Receive digital confirmation directly on their email account.
• No longer have to wait for responses to be received using standard mail.
• View transmitted responses and releases from the convenience of their smart phone or tablet.

The FBI’s eFOIPA portal was designed and developed to be the FBI’s primary means for receiving FOIA and Privacy Act requests.

Should you have questions about preparing or submitting your request using this new service, you may email foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov> or contact the Public Information Officer directly at 540-868-4593. Alternatively, you may submit your request using fax or standard mail.

Information regarding the FOIPA 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
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 FOIPAREQUEST@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.

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

From: Federal Bureau of Investigation

Please check the status of your FOIPA Request at http://vault.fbi.gov by clicking on “Check Status of Your FOI/PA Request” on the right side of the page, and follow the instructions below.

Check the Status of Your FOIPA Request
If your FOIPA Number is [1195846-0] please enter [1195846-000] into the system. If your FOIPA Number is [1195846-1] please enter [1195846-001] into the system. If you have any questions about the status of your FOIPA request, please e-mail foipaquestions@ic.fbi.gov.

FIND STATUS OF FOIPA- Request statuses are updated weekly

Please enter the whole FOIPA number-Example: [1234567-000]

FOIPA:
Results will show the Request Number, Case Type and Process Description shown below:

FOIPA:
1234567-000

Case Type:
FOIPA
Process Description (Will display the current progress of the request)

The FBI’s FOIPA Program is searching the FBI’s indices for potentially responsive documents.

You may be contacted via formal letter for all fees and/or negotiation issues that may apply.

NOTE: Recent requests are entered into the FOIPA database in the order that they are received. Before you can check the status, you must have received correspondence assigning a FOIPA request number and the information transferred to the online database. Status information is updated weekly. If a request has been closed within the last six months the online database will display the following: The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file.

Estimated Dates of Completion
Requests are processed in the order in which they are received through our multi-track processing system, and the FBI receives a voluminous amount of requests on a daily, weekly, monthly, and annual basis. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Our complex requests are further divided into medium, large, and extra-large sub-tracks. Simple track requests typically require the least amount of time to process.
Currently, simple track cases average approximately 80 days from the date of receipt for processing. Requests in the medium processing track are currently averaging 281 days from the date of receipt for processing, those in the large processing track are currently averaging approximately 774 days, and those in the extra-large track are averaging 879 days.

Thank you,

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@fbi.gov<mailto:foipaquestions@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.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

From: Emma Best

I would love to check the status online, but you never provided a FOIA number or even sent an acknowledgment letter.

From: Federal Bureau of Investigation

The FOIA number associated with this request is 1369227-000. By letter dated March 29, 2017, the FBI mailed a response to this request.

Respectfully,

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@fbi.gov<mailto:foipaquestions@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.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

From: Emma Best

Per https://www.muckrock.com/foi/united-states-of-america-10/twitter-dms-federal-bureau-of-investigation-33749/, no letter was ever received. Kindly resend it.

Thanks!

From: Federal Bureau of Investigation

The FBI has received your additional correspondence regarding your Freedom of Information/Privacy Act (FOIPA) request and it has been forwarded to the assigned analyst for review. A new copy will be forthcoming.

Respectfully,

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@fbi.gov<mailto:foipaquestions@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.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

From: Federal Bureau of Investigation

A fix is required to perfect the request.

From: Federal Bureau of Investigation

A fix is required to perfect the request.

From: Emma Best

The request is more than reasonably described, and anyone with a lick of sense can identify the records by accessing the FBI's Twitter various accounts. Acting as though the records would be in the CRS is absurd, and either a sign of incompetence or bad faith.

From: Emma Best

The request is more than reasonably described, and anyone with a lick of sense can identify the records by accessing the FBI's Twitter various accounts. Acting as though the records would be in the CRS is absurd, and either a sign of incompetence or bad faith.

Your office is better than this. You are better than this.

From: Federal Bureau of Investigation

Dear Ms. Best,

You may file an appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 20530-0001, or you may submit an appeal through OIP’s FOIAonline portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within ninety (90) days from the date of the letter in order to be considered timely. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” Please cite the FOIPA Request Number assigned to your request so that it may be easily identified.

You may seek dispute resolution services by contacting the Office of Government Information Services (OGIS) at 877-684-6448, or by emailing ogis@nara.gov. Alternatively, you may contact the FBI’s FOIA Public Liaison by emailing foipaquestions@fbi.gov for dispute resolution services from the FBI. If you submit your dispute resolution correspondence by email, the subject heading should clearly state “Dispute Resolution Services,” and you should also cite the FOIPA Request Number assigned to your request. Your use of dispute resolution services does not toll the time limit to file a timely appeal with the Director, OIP, U.S. Department of Justice.

Respectfully,

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@fbi.gov<mailto:foipaquestions@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.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

From: Federal Bureau of Investigation

Dear Ms. Best,

You may file an appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 20530-0001, or you may submit an appeal through OIP’s FOIAonline portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within ninety (90) days from the date of the letter in order to be considered timely. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” Please cite the FOIPA Request Number assigned to your request so that it may be easily identified.

You may seek dispute resolution services by contacting the Office of Government Information Services (OGIS) at 877-684-6448, or by emailing ogis@nara.gov. Alternatively, you may contact the FBI’s FOIA Public Liaison by emailing foipaquestions@fbi.gov for dispute resolution services from the FBI. If you submit your dispute resolution correspondence by email, the subject heading should clearly state “Dispute Resolution Services,” and you should also cite the FOIPA Request Number assigned to your request. Your use of dispute resolution services does not toll the time limit to file a timely appeal with the Director, OIP, U.S. Department of Justice.

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@fbi.gov<mailto:foipaquestions@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.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

From: Emma Best

I am appealing the Bureau's decision that the request was not reasonably described, as well as their refusal to discuss and try to clarify the letter (as is required and as they suggested in their response letter). Twitter Direct Messages are located in specific, concrete locations - the Twitter accounts used by the Bureau. It is, as a matter of established fact that is not open to interpretation or debate, trivial for anyone with access to those accounts to access the Direct Messages.

From: Federal Bureau of Investigation

This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DOJ-AP-2018-008621
* Request Tracking Number: 1369227
* Requester Name: Michael Best
* Date Submitted: 09/12/2018
* Appeal Status: Submitted
* Description: FBI

From: Federal Bureau of Investigation

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