soc@us-cert.gov emails

Emma Best filed this request with the U.S. Department of Homeland Security, National Protection and Programs Directorate (NPPD) of the United States of America.

It is a clone of this request.

Submitted Feb. 14, 2017
Est. Completion None
Status
Awaiting Appeal

From: Michael Best

Subject: Freedom of Information Request: soc@us-cert.gov emails

Email

To Whom It May Concern:

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

Copies of all emails received by soc@us-cert.gov for all available dates.

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, 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 the non-profit Internet Archive, 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 such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore 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,

Michael Best

From: U.S. Department of Homeland Security, National Protection and Programs Directorate (NPPD)

Subject: RE: Freedom of Information Request: soc@us-cert.gov emails

Email

Good afternoon,

Thank you for contacting the National Protection and Programs Directorate (NPPD). We apologize for the delay, but we are still processing your request 2017-NPFO-00218. We are working as expeditiously as possible.

Thank you!

Regards,

National Protection and Programs Directorate (NPPD)
U.S. Department of Homeland Security
Phone: 703-235-2211
Fax: 703-235-2052
E-mail: NPPD.FOIA@dhs.gov<mailto:NPPD.FOIA@dhs.gov>
NPPD Website<https://www.dhs.gov/about-national-protection-and-programs-directorate>

From: Emma Best

Subject: RE: Freedom of Information Request: soc@us-cert.gov emails

Email

Thank you for responding after ten months, this is the first acknowledgment I've received. I'm grateful to finally have a FOIA number.

Would you kindly provide an estimated date of completion, as you are required to do under law and as has been requested more than a dozen times? I'd really appreciate it!

From: U.S. Department of Homeland Security, National Protection and Programs Directorate (NPPD)

Subject: NPPD Response Email 2017-NPFO-00218

Email

Greetings,
Please find the attached correspondence related to your Freedom of Information Act Request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time.
Regards,
U.S. Department of Homeland Security Washington, D.C. 20528
Phone: 703-235-2211
Fax: 703-235-2052
E-mail:
NPPD.FOIA@dhs.gov
NPPD Website

From: Emma Best

Subject: RE: Freedom of Information Request: soc@us-cert.gov emails

Mail

I am appealing the decision that I have not "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." The records are very specifically described and can be easily retrieved electronically.