List of histories (Coast Guard - Office of Intelligence and Criminal Investigations (CG-2))
| Multi Request | List of histories |
| Submitted | June 16, 2018 |
| Est. Completion | None |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions. These documents will be used, among other things, to identify individual histories that are of interest to the public, which will then be requested in a separate FOIA request.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, 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 non-profits such as the Internet Archive and MuckRock, 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 my primary purpose is to inform about government activities by reporting on it and making the raw data available, I 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,
Emma Best
From: Coast Guard - Office of Intelligence and Criminal Investigations (CG-2)
Ms. Best,
This acknowledges receipt of your June 18, 2018, Freedom of Information Act (FOIA) request to the U.S. Coast Guard (USCG).
Your request was received on June 29, 2018 and has been assigned FOIA[PA] number 2018-CGFO-01976.
We have queried the appropriate component of the USCG for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
You may check the status of your request by entering FOIA[PA] request number 2018-CGFO-01976 into the following site: http://www.dhs.gov/foia-status Request status is updated and refreshed on a nightly basis electronically.
You may contact this office via telephone at 202-475-3522 or via email at EFOIA@uscg.mil if you have any further questions. (mailto:EFOIA@uscg.mil)
Sincerely,
U.S. Coast Guard
FOIA/PA Office
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FOIA_Request1
From: Coast Guard - Office of Intelligence and Criminal Investigations (CG-2)
Ms. Best,
This acknowledges receipt of your June 18, 2018, Freedom of Information Act (FOIA) request to the U.S. Coast Guard (USCG).
Your request was received on June 29, 2018 and has been assigned FOIA[PA] number 2018-CGFO-01976.
We have queried the appropriate component of the USCG for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
You may check the status of your request by entering FOIA[PA] request number 2018-CGFO-01976 into the following site: http://www.dhs.gov/foia-status Request status is updated and refreshed on a nightly basis electronically.
You may contact this office via telephone at 202-475-3522 or via email at EFOIA@uscg.mil if you have any further questions. (mailto:EFOIA@uscg.mil)
Sincerely,
U.S. Coast Guard
FOIA/PA Office
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FOIA_Request1_M4g1LmF
From: Coast Guard - Office of Intelligence and Criminal Investigations (CG-2)
Dear Ms. Best:
This acknowledges receipt of your Freedom of Information Act (FOIA) request to the U.S. Coast Guard (USCG), dated June 18, 2018, and seeking “Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions.” Your request was received in this office on June 29, 2018.
After careful review of your FOIA request, we determined that your request is too broad in scope or did not specifically identify the records which you are seeking. Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency. For this reason, §5.3(b) of the DHS FOIA regulations, 6 C.F.R. Part 5, require that you describe the records you are seeking with as much information as possible to ensure that our search can locate them with a reasonable amount of effort. Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipients, and subject matter of the records, if known, or the USCG unit or office you believe created and/or controls the record. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records.
Please resubmit your request containing a reasonable description of the records you are seeking. Upon receipt of a perfected request, you will be advised as to the status of your request.
If we do not hear from you within 30 days from the date of this letter, we will assume you are no longer interested in this FOIA request, and the case will be administratively closed. Please be advised that this action is not a denial of your request and will not preclude you from filing other requests in the future.
Your request has been assigned reference number 2018-CGFO-01976. Please refer to this identifier in any future correspondence. You may contact this office at EFOIA@uscg.mil<mailto:EFOIA@uscg.mil>.
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~WRD000
From: Coast Guard - Office of Intelligence and Criminal Investigations (CG-2)
Dear Ms. Best:
This acknowledges receipt of your Freedom of Information Act (FOIA) request to the U.S. Coast Guard (USCG), dated June 18, 2018, and seeking “Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions.” Your request was received in this office on June 29, 2018.
After careful review of your FOIA request, we determined that your request is too broad in scope or did not specifically identify the records which you are seeking. Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency. For this reason, §5.3(b) of the DHS FOIA regulations, 6 C.F.R. Part 5, require that you describe the records you are seeking with as much information as possible to ensure that our search can locate them with a reasonable amount of effort. Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipients, and subject matter of the records, if known, or the USCG unit or office you believe created and/or controls the record. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records.
Please resubmit your request containing a reasonable description of the records you are seeking. Upon receipt of a perfected request, you will be advised as to the status of your request.
If we do not hear from you within 30 days from the date of this letter, we will assume you are no longer interested in this FOIA request, and the case will be administratively closed. Please be advised that this action is not a denial of your request and will not preclude you from filing other requests in the future.
Your request has been assigned reference number 2018-CGFO-01976. Please refer to this identifier in any future correspondence. You may contact this office at EFOIA@uscg.mil<mailto:EFOIA@uscg.mil>.
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WRD000_FJS9Bo9
From: Emma North-Best
The request is more than specific enough to allow a search to be calculated and conducted by individuals familiar with the agency's historical records, as has been confirmed by other federal agencies.
"Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipients, and subject matter of the records, if known, or the USCG unit or office you believe created and/or controls the record. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records."
The request for date, title, name, author and recipients is clearly irrelevant. The subject matter was provided. No request was made to create new records, answer questions, or interpret the request in an unreasonable way (no court has upheld that a request must name the specific documents, and case law has made it clear that the "interpretation" element is not applicable here.
From: Coast Guard - Office of Intelligence and Criminal Investigations (CG-2)
Good morning,
After reviewing your request again, it is broad. Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency. Furthermore, the FOIA does not require an agency to attempt to interpret a request that does not identify specific records
Please provide the office which you believe may have the records you are seeking. The subject line of the request lists CG-2, however, the body of your request mentions the historian which is in CG-0922. These are two different CG offices with different missions. The lack of a subject matter for the list, indices, etc. would result in an open ended search and would not allow offices to search for or locate records with a reasonable amount of effort. Additionally, no timeline for a records search (ex: from 2013 to 2016) was provided. A timeline would benefit the agency to immediately know whether or not the records you are seeking, if they exist, would be located within the agency, destroyed in accordance with the records policy, or forwarded to NARA for preservation.
Please indicate specifically indicate what records you are seeking, include a time period for the search, and identify the office/offices you would like to search for the records. Upon receipt of a perfected request, you will be advised as to the status of your request.
If we do not hear from you within 30 days from the date of this letter, we will assume you are no longer interested in this FOIA request, and the case will be administratively closed. Please be advised that this action is not a denial of your request and will not preclude you from filing other requests in the future.
Your request has been assigned reference number 2018-CGFO-01976. Please refer to this identifier in any future correspondence. You may contact this office at EFOIA@uscg.mil<mailto:EFOIA@uscg.mil>.
Sincerely,
Amanda C. Ackerson
Management and Policy Analyst
U.S. Coast Guard (CG-611)
Office of Information Management
2703 MARTIN LUTHER KING JR AVE SE STOP 7710
WASHINGTON DC 20593-7710
Phone: 202-475-3522
Fax: 202-372-8413