|Submitted||April 7, 2014|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
All releasable materials from the Wi-Fi Tools for Analysis and GEO Locating Program (WTAG) (https://www.fletc.gov/training/programs/technical-operations-division/wi-fi-tools-for-analysis-and-geo-locating-program-wtag/)
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, 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.
A letter stating the request for reduced or waived fees has been rejected.
This is an appeal of fee category for 14-050. I do not agree to pay commercial requester fees, because I am not a commercial requester. I am a journalist.
Having read the memos from Mr. Holzer of the DHS Privacy Office regarding the classification of requests submitted via MuckRock, I am aware that you may have been advised to scrutinize the fee category claims of MuckRock staff and users. That memo did not, however, indicate that all MuckRock requesters are to be considered as commercial requests, as several other DHS component offices have seen fit to do. Rather, FOIA officers are to ascertain the fee category based on individual requester characteristics.
Here are a selection of my published articles to support my claim of news media requester category (some published via the MuckRock website for public viewing without a paywall, others on other media outlet websites and in print):
I'd be willing to send scans of clips or any other proof of journalistic bona fides you may require, including successful grant applications to the Fund for Investigative Journalism, clips of talks I've given at journalistic conferences or any number of other substantiating documents to confirm my chosen profession.
Per all of the above, I clearly fall within the definition of a media requester, and respectfully insist that your office revise its fee determination accordingly.
All the best,
Please see below for a fee category appeal that was sent to the address indicated in your fee letter.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 7, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-050.
Thank you for your help.
A letter stating that the request appeal has been rejected.
Dear Mr. Musgrave:
Please see attached copy of our letter to you. The original was mailed to you today.
Federal Law Enforcement Training Centers (FLETC)
IT Business Management Division, Bldg. 681
Glynco, Georgia 31524
Phone: (912) 261-4512
Fax: (912) 267-3113
WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5.U.S.C. 552). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with Department of Homeland Security (DHS) policy relating to FOUO information and is not to be released to the public or other personnel who do not have need-to-know without prior approval of an authorized DHS official.
The request has been rejectedby the agency.