F-2014-01815 DENIAL OF FEE WAIVER APPEAL

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06408540
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: July 11, 2023
• Document Release Date: November 21, 2022
• Case Number: F-2015-00885
• Publication Date: September 8, 2014

Approved for Release: 2022/10/03 C06408540
FREEDOM OF INFORMATION ACT APPEAL
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
September 8,2014
Dear Ms. Meeks:
Thank you for the prompt response to my FOIA request number F-2014-01815. This letter serves as an oppeal for
the denial of my fee waiver request. However, in order to expedite processing of this request pending aripeal, I am
willing to pay $50 beyond the two hours of free search time.
My fee waiver appears to have been denied on the basis that the information I seek is not in the public iiiterest, but it
absolutely is in the public interest to have a clearer understanding of the services Google provides to federal
agencies. Google is a publicly traded company, with vast resources and reach into the daily lives of millions of
people. Its stockholders, and the public at large, have an interest, and a right, to know more about how i fi contracts
with the federal government. As taxpayers we all have an additional interest in learning about how our ia oney is
spent. The release of these contracts will help tear down the veil of public ignorance about what the US !federal
government is doing with one of the most used online services in the world.
I urge you to reconsider my request for a fee waiver and release the documents requested in the public ititerest
Thank you. .
Sincerely,
Heather Akers-Healy
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On Aug. 25, 2014:
A letter stating the request for reduced or waived fees has been rejected.
On Aug. 11,2014:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally sUbmitted on
June 14,2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You
had assigned it reference number #F-2014-01815.
Thank you for your help.
On July 11,2014:
1
This is response to a letter dated July 2, 2014 regarding FOIA request F-2014-01815. As you requested, to clarify, I
would like correspondence and communications that are related to the contracts or agreements I requested. Please
let me know if you have any questions or need further clarification.
Thank you.
Sincerely,
Heather Akers-Healy
On July 7,2014:
An acknowledgement letter, stating the request is being processed.
On June 14,2014:
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Contracts, agreements, purchase orders, and any correspondence or
i communications with Google Special Services, Inc. or Google Federal, including email. Their DUNS l umber is
965324705 and their CAGE code is 6MHC8. They are located at 1818 Library Street Ste. 400, Reston Virginia,
20190.
I also request that, if appropriate, fees be waived as I am making this request in the public interest, an Ias a member
of the news media. I have established a project at MuckRock looking into the activities of the NSA an4 other
intelligence agencies. Despite the short time I have been making and publishing requests through MuckRock, this
project has garnered international media attention and was written up in Forbes. (http://w forbes.co /sites/
runasandvik/20 13/11/26/illuminating- 'ted- t I liar-. e ence- d et-
documents-surveil lance-technology-used-by-the-nsa/) The Forbes article was covered in several other nedia outlets,
and even reported in Spanish. (hp_p://www.desdea a'o.info/ _ta.g_mj",g2316i_,iW/Mternaci nal/item/ - pyli ter-
documenta-la-compra-de-tecnolog%C3%ADa-de-vigi lancia-masiva-por-parte-de-la-nsa.html) I have ai ongoing
relationship with Runa Sandvilc, a well-known journalist and technologist who wrote the article at Forbes.
I have also written at other media outlets about documents received from previous FOIA requests (I.A.4,11
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www.occupy.comlarticle/why-we-need-whistleblowers).
All documents released to MuckRock are published on the MuckRock website. The documents are not merely
posted, but analyzed by journalists at MuckRock and media outlets around the world. MuckRock has over 1,000
active users and tens of thousands of readers. An incomplete list of outlets reporting news broken at MtickRock can
be found here:
� /* rd.inhhap
My first successful request to the NSA for contracts with Vupen was widely reported. There was significant interest
in the fact that the NSA was purchasing exploits services from a foreign contractor. A few examples of press
regarding that release are below:
Threatpost: fitp://threatpost.com/nsa-bought-exploit-service-from-vupen-contract-shows
Gawker: ./ w ihup,/ga_kersatu032
The Register http://www.theregister.co.uk/2O13/09/I7/nsa_vupen-
1nformation Week: http://www.informationweek.com/securityLgovernmentJnsa-contracted-with-zero-dy-vendor-
vupe/240 16 1389
Computing: http://www.com put ing.co.uk/ctg/news/2295155/ns -lai_)ot_gt_ht-zero-day-vulnerabilities-from-pecurity-
company-vupen
Slate:http://www.slate.com/blogs/future_tense/2013/09/17/
au_paid_french_hacker_company_vupen_for_software_exp lo its. html
RT: httpiLirt.com/usa/nsa-vupen-exploit-hack-978/
Mashable:t ://m cking-tools-vupen/
The Hacker News: ./ h e ws.com/2 3/ 9/n sa- -fr m-v en.htmt
The Daily Dot: http://www.dailydot.com/po I itics/nsa-malware-vuagV
Spiegel: http://www.spiegelde/netzwelt/netzpolitik/nsa-kauft-infos-ueber-sicherheitsluecken-von-vupeii-
a-922765.html
The information sought does contribute to the public understanding and is in the public interest. With t0e publishing
of the Snowden materials and the surrounding media coverage, the past few months have demonstrated a significant
increase in the public's interest in the activities of the NSA, the CIA, and other intelligence agencies. hi benefits the
public to understand how our money is being spent, and the relationship of agencies with their private aontractors.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charge4 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 itesponse to
this request within 20 business days, as the statute requires.
Sincerely,
Heather Akers-Healy
Filed via MuckRock.com
E-mail (Preferred): 12154-9832119/@muests.muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 12154
PO Box 55819
Boston, MA 02205-5819
PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester' a name rather
than MuckRock News) requests might be returned by the USPS as undeliverable.
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(7entral Intelligence Agency
Way:1141pin. D.C. 2()05
21 August 2014
Ms. Heather Akers-Healy
MuckRock News
DEPT MR 12154
P.O. Box 55819
Boston, MA 02205-5819
Reference: F-2014-018I5
Dear Ms. Akers-Healy:
This acknowledges receipt of your II August 2014 letter regarding your 14 Ripe 2014
Freedom of Information Act (FOIA) request for:
"Contracts, agreements, purchase orders, and any correspondence or communiOtions
with Google Special Services, Inc. or Google Federal, including email..
Specifically, your letter is in response to our 2 July 2014 letter in which we asked you to
clarify your request. You are now requesting contracts, agreements, purchase orders, tmd
correspondence and communications that arc related to Google Special Services, Inc. or Google
Federal, including email. We can conduct a search on your modified request.
I must consider your request for a fee waiver under the standards the Agency liOlA
regulations outline, which you will find at Part 19(X) of Title 32 of the Code of Federa
Regulations, and Department of Justice guidance. I have reviewed your request under' those
standards to determine "if disclosure of the information is in the public interest becauie it is
likely to contribute significantly to public understanding of the operations or activities of the
government and is not primarily in the commercial interest of the requester.- Your request does
not meet these standards because disclosing the information you seek is not "likely to -ontribute
significantly to public understanding of the operations or activities of the United State -
Government.- I therefore deny your request for a fee waiver.
You may appeal this decision, in my care, within 45 days from the date of this letter.
Should you choose to appeal the denial of your request for a fee waiver, you are enco raged to
provide an explanation supporting your appeal. Agency regulations alsospecify that f the
Agency has started to process a request, the Agency may only accept an appeal of a fec waiver
denial if the requester agrees to be responsible for the costs in the event of an adverse
administrative or judicial decision.
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Based on the information provided in your letter, we determined that your reqiest falls
into the "all other" fee category, which may require you to pay charges to cover the cc.st of
searching for and reproducing responsive records (if any) beyond the first 100 pages o'f
reproduction and the first two hours of search time, which arc free. Copies arc ten cents per
page.
Before we can begin processing your request, we must receive your commitment to pay
all fees incurred under the conditions stated above. We will hold your request in abe)trice for 45
days from the date of this letter pending your response.
Sincerely,
L.
Michele Meeks
Information and Privacy Coordinator
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