MuckRock processing instructions (Air Force)

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

A copy of any and all files, memos, or instructions sent to or generated by this agency's FOIA office in regards to processing requests, assigning fee categories of, or otherwise mentioning or related to requests filed by the website MuckRock.com.

Please be sure to sure for instructions sent between this agency's FOIA office and any internal or external legal counsel regarding the above-mentioned files, and include any and all aforementioned responsive documents.

Please also include any and all files, memos, or instructions sent to or
from this agency's FOIA office relating to the following:

MuckRock
Government Attic
FOIA Machine
ProPublica
WeNeedGlimpse
https://weneedglimpse.com/
FOIA Filing Portals

In a 2013-11-15 email to a MuckRock user, FOIA Manager Zadlo, Billy CIV USAF 502 ABW (US) indicated that "Our records indicate that MuckRock is in the commercial requester category."

Please note that I am reporter and that my request should be classified as a media request for fee purposes. I intend to use the results of this request for original reporting, and I believe that this request will be of wide public interest.

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.

Sincerely,

Shawn Musgrave

Hello,

As have all Air Force FOIA offices in making this same move, you have failed entirely to justify MuckRock's classification as a commercial entity or to delineate your reasoning that this request is primarily submitted out of commercial interest.

As I have repeatedly indicated to Air Force FOIA officers, I am a reporter. This FOIA request is submitted in order to illuminate the process by which the Air Force processes requests and as part of an original investigation into such processes.

Your "category change" is not legitimate, and I request its reversal or indication as to appeal mechanism.

Respectfully,
Shawn Musgrave
MuckRock

Hello,

I received no email correspondence related to this request save an erroneous commercial classification, which I rebutted on December 18 via the email below. I would be more than happy to forward you a copy of the original email with metadata to substantiate. This another indication of your office's failure to follow appropriate FOIA procedure. I respectfully insist that my case be reopened, my concerns addressed regarding the commercial classification, and proper protocol be followed.

Respectfully,
Shawn Musgrave

Mr. Webb:

Could you please clarify what is the appropriate tracking number for this request? We have received two acknowledgement letters (both attached), indicating in turns that the appropriate number is #2014-00898-F and #2014-00899-F, as well as an email acknowledgement below with a different number entirely. We want to make sure to track the request appropriately.

Thank you for your assistance.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-00972.

Thank you for your help.

I previously sent you an email on (date) objecting to being considered a commercial requester. In order to avoid any confusion, I want to make sure that you processed that email as a formal appeal of the commercial fee determination.

Please supplement your record with the following information about my media credentials:

I am the editor of the MuckRock (MuckRock.com) website, which publishes original news content on a daily basis. All of MuckRock's content focuses either on FOIA itself or reports off of documents received via public records requests. Below are a number of the dozens of articles I have written for MuckRock:

https://www.muckrock.com/news/archives/2013/nov/06/mr-de-blasio-open-nypd/

https://www.muckrock.com/news/archives/2013/oct/25/librarian-rebukes-nun-over-comic-books/

https://www.muckrock.com/news/archives/2013/oct/03/foia-shutdown-which-agencies-have-put-their-public/

In addition to my capacity as editor of MuckRock, I am also a freelance journalist whose work has been published in such online and print outlets as the Boston Globe, VICE/Motherboard, The Phoenix, The Progressive and Dig Boston. Here are clips of previous articles that I have written for some of these publications:

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

https://www.bostonglobe.com/metro/2013/10/25/mass-libraries-strikingly-free-censorship/GV3LPCJO4kdzCb3a9HE6HJ/story.html

https://www.motherboard.vice.com/blog/the-nypd-is-foia-proof

http://www.thephoenix.com/boston/news/153301-fung-wahtf/

http://www.digboston.com/boston-news-opinions/2013/10/news-to-us-cambridge-blocks-big-brother/

My coverage of topics from national security and drones to bike politics and bus inspections has been cited by a host of other news outlets at the international, national and local levels. I have received two grants from the Fund for Investigative Journalists, both for projects that revolve around public records investigations.

In short, it could not be clearer that I am, in fact, a journalist.

Secretary of the Air Force
Thru: SAF/AAII (FOIA)
1000 Air Force Pentagon
Washington DC 20330-1000

February 18, 2014

To Whom It May Concern:

I am writing to appeal the adequacy of the search for 2014-01003-F, as well as the redactions in the documents released.

The redacted portions of the emails do not seem to constitute information likely to be subject to exemption b(6), in that the title of the email chain is "FOIA Requester -- MuckRock."

Furthermore, given the wide dispersion of this email, I would expect there would be more communications in this chain, as well as additional documents from Ms. Trinh discussing this matter.

For these and all other reasons deemed applicable by the appeal authority, I request reconsideration of this request under FOIA.

Respectfully,
Shawn

Ms. Turner -

Per the attached, you are responsible for reviewing the appeal for the FOIA request below. However, I have not received any update since March 2014. Please advise as to the status of this appeal.

Respectfully,
Shawn Musgrave
MuckRock

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-01003-F.

Thanks for your help, and let me know if further clarification is needed.