Chief FOIA officer's recent email (Administrative Conference of the United States)
Tracking # |
FOIA Case No. 20254 |
Multi Request | Chief FOIA officer's recent email |
Submitted | Oct. 20, 2024 |
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Communications
From: Sai
Dear Administrative Conference of the United States,
On behalf of myself and Fiat Fiendum, I hereby request the following records:
1. The one email in your chief FOIA officer's email inbox or equivalent which was received nearest and before October 19, 2024, midnight Eastern time, regardless of subject matter.
2. The one email in your chief FOIA officer's email spam folder or equivalent which was received nearest and before October 19, 2024, midnight Eastern time, regardless of subject matter.
3. The one email in your chief FOIA officer's sent email folder or equivalent which was sent nearest and before October 19, 2024, midnight Eastern time, regardless of subject matter.
4. The total full-time equivalent count of people who work for your FOIA office as of October 19, 2024.
This request is expressly limited to Administrative Conference of the United States's own FOIA office. Please do not refer it to any other agency or division. This request is expressly not a Privacy Act request, and no PA waiver will be provided.
Please provide the email records in EML, Maildir, MBOX, MIX, MSG, or PST format only — not PDF, Word, image, etc — including all metadata (e.g. full email headers as received/sent) and attachments, without alteration other than narrowly tailored electronic redaction of specifically claimed exemptions that do not affect any part of non exempt information (and, in particular, without rasterization).
Please provide the fourth record as a statement in your response letter, or at your option, as the most readily available record, in original electronic format as currently stored on your computer systems, which includes that information.
Please provide all records either as individual files, or as an unencrypted ZIP file, uploaded to MuckRock. Do not apply any encryption, DRM, or other restriction.
I request fee waiver, because
* Fiat Fiendum is a 501(c)(3) non-profit;
* this request is for public interest, non-commercial purposes;
* these records would give a snapshot of insight into the everyday processes of FOIA offices; and
* these records are being requested in order to conduct a government-wide audit of agencies' FOIA compliance.
In the event that you deny fee waiver, please process this request as-is, because I will not agree to any fees.
Please be sure to provide:
* 5 USC 552(a)(6)(A)(i)(II) FOIA Public Liaison information
* 5 USC 552(a)(6)(A)(i)(III)(aa) appeal information
* 5 USC 552(a)(6)(A)(i)(III)(bb) OGIS information
* 5 USC 552(a)(7)(A) tracking number
* 5 USC 552(a)(7)(B)(ii) completion ETA
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,
Sai
President, Fiat Fiendum, Inc.
P.S. Sai is my full legal name.
From: Administrative Conference of the United States
Please find a reply to your recent FOIA request attached.
Sincerely,
Shawne C. McGibbon | General Counsel and Chief FOIA Officer(she/her)
[cid:38fdbc3d-b4b0-45ea-a7d3-7046f36e7d09]
1120 20th Street, NW Suite 706 South . Washington, DC . 20036
(202) 480-2088 (w)
smcgibbon@acus.gov<mailto:smcgibbon@acus.gov> . www.acus.gov<http://www.acus.gov/>
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image
From: Sai
Dear ACUS,
Thank you for your stellar response time on this request.
I note, however, that you disregarded my electronic form & format requests — and you additionally rasterized all of the records, and your response letter, which I specifically asked you not to do. OCR does not cure the destruction of the original structural metadata that makes it accessible, nor make available the parts of the records (such as hyperlinks, headers, etc) which were destroyed by rasterization. I did not consent to you making new, worse records in this way.
Please provide the emails in one of the native electronic email formats listed; any email software will save to them easily. They are generally in plain text or multipart MIME HTML format, which can be directly edited to make redactions if needed. You say that record #4 is a Web page; please provide it in original electronic format, such as HTM or MHTML.
My form and format request is mandatory under 5 USC 552(a)(3)(B & C) & (f)(2)(A) (E-FOIA & FOIA Improvement Act) and 29 USC 794d (Rehab Act § 508).
Sincerely,
Sai
From: Administrative Conference of the United States
Sai,
I am well aware of FOIA's requirements. FOIA does not impose an unbounded obligation to create requested information in a way that is usable or convenient for the requester. ACUS always attempts to provide records in the requested format, but that is not always possible. This reply is our best effort to provide you with the information without having to pay contractors to manipulate or present the information in your desired format. There are no in-house IT personnel at our micro agency.
You will find attached two Outlook files-both sent to you yesterday in .pdf format. One file was modified to remove PII (after forwarding the document to myself so that it could be redacted). All links and such should be active. The redacted .pdf attachment to the redacted email was sent to you yesterday.
As for item 4, you specifically noted that ACUS could reply in a statement, which we did. ACUS has zero FTEs. I attached the information about the FOIA.gov webpage as a convenience to you. If you have questions about that webpage, you should contact the Office of Information Policy at DOJ since they maintain the webpage.
Finally, you requested that the documents be uploaded to some sort of database for which you provided a link. It is a security risk to click on links from unknown sources. In any event, FOIA does not require agencies to plug their responses into a requester's database.
Shawne C. McGibbon | General Counsel and Chief FOIA Officer (she/her)
[cid:image001.jpg@01DB255D.029DBDC0]
1120 20th Street, NW Suite 706 South . Washington, DC . 20036
smcgibbon@acus.gov . www.acus.gov
From: Sai
Dear ACUS,
Thank you for your improved response.
Sincerely,
Sai