OPENAI and the use of WMD (Office Of Science And Technology Policy, The White House)

Megan Eza filed this request with the Office Of Science And Technology Policy, The White House of Washington, DC.
Multi Request OPENAI and the use of WMD
Submitted Feb. 1, 2023
Est. Completion None
Status
Fix Required

Communications

From: Megan Eza

Subject: DC Freedom of Information Act Request: OPENAI and the use of WMD (Office Of Science And Technology Policy, The White House)

Email

To Whom It May Concern:

Pursuant to the DC Freedom of Information Act, I hereby request the following records:

The use of Open Ai by world leaders and American politicians to make policy decisions regarding nuclear materials and/or uses of Weapons of Mass Destruction; the frequency and overall amount of these requests and the amount of these requests that were deemed to be classified, both overall and within a specified period.

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 15 business days, as the statute requires.

Sincerely,

Megan Eza

From: Office Of Science And Technology Policy, The White House

Subject: RE: [EXTERNAL] DC Freedom of Information Act Request: OPENAI and the use of WMD (Office Of Science And Technology Policy, The White House)

Email

Dear Megan:

Thank you for submitting the request below. However, it cannot be processed for the following reasons:

* It is overly broad and fails to reasonably describe the records sought.

* It would require the Office of Science and Technology Policy (henceforth “OSTP”) to create new records or answer questions. Neither of which is permissible under the FOIA.

* It lacks a date range.

OSTP FOIA regulation states, in pertinent part, that:

* “[a] request must describe the records sought in sufficient detail to enable OSTP personnel to locate the records with a reasonable amount of effort. To the extent possible, a requester should include specific information that may assist OSTP personnel in identifying the requested records, such as the date, title or name, author, recipient, and subject matter of the record. In general, a requester should include as much detail as possible about the specific records or the types of records sought.” 32 C.F.R.§2402.4(b).

Here, portions of the request dealing with “world leaders and American politicians” as well as “the frequency and overall amount of these requests and the amount of these requests that were deemed to be classified” fail to reasonably describe the records sought or lack specificity. Also, it is unclear what “these requests” refers to in the submission.

Furthermore, references to “frequency and overall amount” would require us to create new records or answer questions to process the request. The “FOIA imposes no duty on [an] agency to create [new] records," Forsham v. Harris, 445 U.S. 169, 186, 100 S. Ct. 977, 63 L. Ed. 2d 293 (1980) (citing NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 161-62, 95 S. Ct. 1504, 44 L. Ed. 2d 29 (1975)), nor to “answer questions disguised as a FOIA request," Hudgins v. IRS, 620 F. Supp. 19, 21 (D.D.C. 1985) (citing Di Viaio v. Kelley, 571 F.2d 538, 542 (10th Cir. 1978)), aff'd, 808 F.2d 137, 257 U.S. App. D.C. 242 (D.C. Cir. 1987).

Please address the issues above so the request could be processed.

NOTE: While OSTP is a component of the Executive Office of the President (henceforth “EOP”), it is not the White House Office (hereafter “WHO”). The WHO is a separate component of the EOP.

Let us know if you need further assistance.
Regards,

OSTP FOIA.

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