Twitter DMs (Marines - United States Marine Corps, USMC)

Emma Best filed this request with the Marines - United States Marine Corps, USMC of the United States of America.
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: Marines - United States Marine Corps, USMC

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

From: Marines - United States Marine Corps, USMC

The request has been rejected by the agency.

From: Michael Best

I am appealing the Marines denial that I am a member of the media. Per my original request and case law, there is NO room for interpretation here. I AM a member of media, and thus demanding search fees violates both statute and case law.

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.

Further, I am appealing the cost estimation, as it is easy to retrieve Direct Messages from Twitter - they are all kept in one place.

Finally, I am appealing the Agency's decision to send their notification to the wrong address, as it should have been sent to MuckRock and not my personal address. The decision to do this violates the purpose of using MuckRock and deliberately makes it more difficult to organize the requests. The SPECIFIC contact point and address to be used was supplied in the original correspondence, and the Marine Corps failure to use it is improper.

From: Marines - United States Marine Corps, USMC

A letter stating that the request appeal has been received and is being processed.

From: Marines - United States Marine Corps, USMC

An interim response, stating the request is being processed.

From: Wendy A. Winston

Good Afternoon,

Attached please find the final disposition ICO Mr. Michael Best; original request number DON-USMC-2017-003751.

Thank you and have a great day!

Very respectfully,

Wendy A. Winston
Office of the Judge Advocate General
General Litigation Division (Code 14)
1322 Patterson Ave, SE, Ste 3000
Washington Navy Yard, DC 20374
(202)685-5446

From: Field Capt Evan K

Good afternoon,

Please see attached for a response to your FOIA request for agency Twitter
direct messages. No such records exist at U.S. Marine Corps Forces
Cyberspace Command (we do not send or receive any direct messages via
Twitter).

Very respectfully,
Capt Evan Field, USMC
FOIA Representative
MARFORCYBER

From: Marines - United States Marine Corps, USMC

A no responsive documents response.

From: angela.codjoe@usmc.mil

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d28137586c)
* Tracking Number: DON-USMC-2017-007240
* Requester Name: Michael Best
* Date Submitted: 06/06/2017
* Request Status: Submitted
* Description: Media requester seeks records of all available Twitter direct messages to or from all USMC accounts. Please provide to the requester those records to or from those accounts accessible by your MCICOM region and all subordinate units. Please respond directly to requester. Note that MCICOM HQ is assigning this tasker to each region to review and provide a response.

From: mciw_mcbcpen_rqsvctr@usmc.mil

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d281375c30)
* Tracking Number: DON-USMC-2017-007242
* Requester Name: Michael Best
* Date Submitted: 06/06/2017
* Request Status: Submitted
* Description: Media requester seeks records of all available Twitter direct messages to or from all USMC accounts. Please provide to the requester those records to or from those accounts accessible by your MCICOM region and all subordinate units. Please respond directly to requester. Note that MCICOM HQ is assigning this tasker to each region to review and provide a response.

From: FOIA.MCIEAST@usmc.mil

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2813758c2)
* Tracking Number: DON-USMC-2017-007243
* Requester Name: Michael Best
* Date Submitted: 06/06/2017
* Request Status: Submitted
* Description: Media requester seeks records of all available Twitter direct messages to or from all USMC accounts. Please provide to the requester those records to or from those accounts accessible by your MCICOM region and all subordinate units. Please respond directly to requester. Note that MCICOM HQ is assigning this tasker to each region to review and provide a response.

From: MCBQuanticoFOIA@usmc.mil

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d281375c78)
* Tracking Number: DON-USMC-2017-007245
* Requester Name: Michael Best
* Date Submitted: 06/06/2017
* Request Status: Submitted
* Description: Media requester seeks records of all available Twitter direct messages to or from all USMC accounts. Please provide to the requester those records to or from those accounts accessible by your MCICOM region and all subordinate units. Please respond directly to requester. Note that MCICOM HQ is assigning this tasker to each region to review and provide a response.

From: FOIA.MCIEAST@usmc.mil

Your request for Fee Waiver for the FOIA request DON-USMC-2017-007243 has been fully granted. Additional details for this request are as follows:
* Request Created on: 06/06/2017
* Fee Waiver Disposition Reason: N/A
* Request Long Description: Media requester seeks records of all available Twitter direct messages to or from all USMC accounts. Please provide to the requester those records to or from those accounts accessible by your MCICOM region and all subordinate units. Please respond directly to requester. Note that MCICOM HQ is assigning this tasker to each region to review and provide a response.

From: Marines - United States Marine Corps, USMC

A fix is required to perfect the request.

From: Marines - United States Marine Corps, USMC

An acknowledgement letter, stating the request is being processed.

From: Price Capt Sean K

Mr. Best,

Good afternoon. I've attached the response from U.S. Marine Corps Forces, Europe and Africa, to your FOIA request for direct messages to and from this command's Twitter account. No fees will be charged to you in connection with this response.

If you have any questions, please do not hesitate to ask.

Very respectfully,

Capt Sean K. Price
Deputy SJA, MARFOREUR/AF
DSN 314-431-2902
SVOIP 304-431-2902
NIPR sean.price@usmc.mil
SIPR sean.price@usmc.smil.mil

From: Reyes CIV Elisa I

Good morning Mr. Best,

I received a request to obtain Twitter Messages to or from all USMC Accounts, in my case for Camp Pendleton. What specific dates are you looking for?

I appreciate your response.

R/S
Ms. Elisa Reyes
PA/FOIA Coordinator
MCIWEST-MCB CAMPEN
P. O. Box 555010
Camp Pendleton, CA 92055-5010
Phone (760) 725-6253
Fax (760) 725-0532
Direct: elisa.i.reyes@usmc.mil
PA/FOIA: mciw_mcbcpen_foia@usmc.mil

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE. ANY MISUSE OR UNAUTHORIZED ACCESS MAY RESULT IN BOTH CIVIL AND CRIMINAL PENALTIES.

MCIWEST-MCB CAMPEN FOIA
http://www.mciwest.marines.mil/StaffOffices/FOIA.aspx

MCIWEST-MCB CAMPEN Adjutant SharePoint
https://www.mciwest.usmc.mil/inst/mciwest/manpower/MCIWMCBADJ/default.aspx

From: Caitlin Russell

All available dates, please. Thanks!

From: davis.love@usmc.mil

Your request for Fee Waiver for the FOIA request DON-USMC-2017-007318 has been fully granted. Additional details for this request are as follows:
* Request Created on: 06/07/2017
* Fee Waiver Disposition Reason: There are no fees associated with your request.
* Request Long Description: Media requester seeks records of all available Twitter direct messages to or from all USMC accounts. Please provide to the requester those records to or from those accounts accessible by your MCICOM region and all subordinate units. Please respond directly to requester. Note that MCICOM HQ is assigning this tasker to each region to review and provide a response.

From: mciw_mcbcpen_rqsvctr@usmc.mil

Your request for Fee Waiver for the FOIA request DON-USMC-2017-007319 has been partially granted with $ 0.0 waived. Additional details for this request are as follows:
* Request Created on: 06/07/2017
* Fee Waiver Disposition Reason: Requestor is media, which is charged only for duplication fees and receive first 100 pages free.
* Request Long Description: Media requester seeks records of all available Twitter direct messages to or from all USMC accounts. Please provide to the requester those records to or from those accounts accessible by your MCICOM region and all subordinate units. Please respond directly to requester. Note that MCICOM HQ is assigning this tasker to each region to review and provide a response.

From: Laurinaitis CIV Kim S

Good morning Mr. Best,

Please see the attached regarding your FOIA Request. If you have any questions, please feel free to contact me. Have a good day.

v/r,
Kim S. Laurinaitis
Paralegal Specialist
FOIA/PA Coordinator
Marine Corps Logistics Base
PSC Box 110120
Barstow, CA 92311
Phone: 760-577-6748
Fax: 760-577-6772
Kim.Laurinaitis@usmc.mil

From: FOIA@MARCENT.USMC.MIL

Mr. Best,
Attached is MARCENT's response to your FOIA Request (DON-USMC-2017-006919). Originals are available upon request.
06/12/2017 10:29 AM FOIA Request: DON-USMC-2017-006919

From: FOIA@MARCENT.USMC.MIL

DON-USMC-2017-006919 has been processed with the following final disposition: No records.

From:

Mr. Best,

Attached is MARCENT's response to your FOIA Request (DON-USMC-2017-006919).
Originals are available upon request.

Respectfully,
Martin L. Benavidez
FOIA Coordinator
U.S. Marine Corps Forces, Central Command
7115 S. Boundary Blvd.
MacDill AFB, FL 33621-5101
DSN 312-651-4308 Comm: (813) 827-4308
NIPR: Martin.L.Benavidez.CTR@marcent.usmc.mil
SIPR: Martin.L.Benavidez.CTR@Marcent.usmc.smil.mil

From: Reyes CIV Elisa I

Good afternoon Mr. Best,

The attached is MCIWEST-MCB CAMPEN's response to your FOIA request. Please let me know if you have any questions.

R/S
Ms. Elisa Reyes
PA/FOIA Coordinator
MCIWEST-MCB CAMPEN
P. O. Box 555010
Camp Pendleton, CA 92055-5010
Phone (760) 725-6253
Fax (760) 725-0532
Direct: elisa.i.reyes@usmc.mil
PA/FOIA: mciw_mcbcpen_foia@usmc.mil

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE. ANY MISUSE OR UNAUTHORIZED ACCESS MAY RESULT IN BOTH CIVIL AND CRIMINAL PENALTIES.

MCIWEST-MCB CAMPEN FOIA
http://www.mciwest.marines.mil/StaffOffices/FOIA.aspx

MCIWEST-MCB CAMPEN Adjutant SharePoint
https://www.mciwest.usmc.mil/inst/mciwest/manpower/MCIWMCBADJ/default.aspx

From: angela.codjoe@usmc.mil

06/14/2017 01:21 AM FOIA Request: DON-USMC-2017-007240


Mr. Best,
Please indicate a date range for your request.

From: MCBQuanticoFOIA@usmc.mil

Your request for Fee Waiver for the FOIA request DON-USMC-2017-007245 has been partially granted with $ 0.0 waived. Additional details for this request are as follows:
* Request Created on: 06/06/2017
* Fee Waiver Disposition Reason: As a member of the media, you will not be charged for search fees related to your request. Review fees are another matter and you will be responsible for payment should a review fee be assessed. Therefore, your fee waiver request has been closed with the final disposition: partial granted.
* Request Long Description: Media requester seeks records of all available Twitter direct messages to or from all USMC accounts. Please provide to the requester those records to or from those accounts accessible by your MCICOM region and all subordinate units. Please respond directly to requester. Note that MCICOM HQ is assigning this tasker to each region to review and provide a response.

From: Marines - United States Marine Corps, USMC

A copy of documents responsive to the request.

From: Cisnerosmedina SSgt Yudith V

DON-USMC-2017-006936 has been processed with the following final disposition: No records.

Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by logging into FOIAonline. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor.

Staff Sergeant CisnerosMedina
Marine Corps Recruiting Command
G-1 Administration Chief
(703) 784-9430

From: angela.codjoe@usmc.mil

Your request for Fee Waiver for the FOIA request DON-USMC-2017-007240 has been fully granted. Additional details for this request are as follows:
* Request Created on: 06/06/2017
* Fee Waiver Disposition Reason: N/A
* Request Long Description: Media requester seeks records of all available Twitter direct messages to or from all USMC accounts. Please provide to the requester those records to or from those accounts accessible by your MCICOM region and all subordinate units. Please respond directly to requester. Note that MCICOM HQ is assigning this tasker to each region to review and provide a response.

From: Marines - United States Marine Corps, USMC

A copy of documents responsive to the request.

From: davis.love@usmc.mil

DON-USMC-2017-007318 has been processed with the following final disposition: No records. MCAS Yuma does not have a Twitter account, and therefore has no records responsive to your request.  If you need any additional information, please contact our office at (928) 269-3433.  Thank you.

From: maria.skrzynski@usmc.mil

Your request for Fee Waiver for the FOIA request DON-USMC-2017-007314 has been determined to be not applicable as the request is not billable. Additional details for this request are as follows:
* Request Created on: 06/07/2017
* Fee Waiver Disposition Reason: N/A
* Request Long Description: Media requester seeks records of all available Twitter direct messages to or from all USMC accounts. Please provide to the requester those records to or from those accounts accessible by your MCICOM region and all subordinate units. Please respond directly to requester. Note that MCICOM HQ is assigning this tasker to each region to review and provide a response.

From: FOIA.MCIEAST@usmc.mil

DON-USMC-2017-007243 has been processed with the following final disposition: Full grant.
Documents have been uploaded to FOIA Online
Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by logging into FOIAonline. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. (https://foiaonline.regulations.gov:443/foia/action/public/home?objectId=090004d2813758c2)

From: Marines - United States Marine Corps, USMC

A no responsive documents response.

From: mciw_mcbcpen_rqsvctr@usmc.mil

Your request for Fee Waiver for the FOIA request DON-USMC-2017-007242 has been denied. Additional details for this request are as follows:
* Request Created on: 06/06/2017
* Fee Waiver Disposition Reason: No records
* Request Long Description: Media requester seeks records of all available Twitter direct messages to or from all USMC accounts. Please provide to the requester those records to or from those accounts accessible by your MCICOM region and all subordinate units. Please respond directly to requester. Note that MCICOM HQ is assigning this tasker to each region to review and provide a response.

From: MCBQuanticoFOIA@usmc.mil

DON-USMC-2017-007245 has been processed with the following final disposition: Duplicate request.

From: angela.codjoe@usmc.mil

DON-USMC-2017-007240 has been processed with the following final disposition: Full grant.
Records were released to the public as a result of this request. You may retrieve these records immediately using the following link: View Records.Over the next 2 hours, these records are also being added to FOIAonline's search pages, further enabling you to retrieve these documents associated with your FOIA request at any time. (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d28137586c)

From: Alpha Assistance

Documents provided by Agency.

From: Marines - United States Marine Corps, USMC

A copy of documents responsive to the request.

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