Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06094884
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: July 11, 2023
• Document Release Date: February 17, 2022
• Case Number: F-2014-02028
• Publication Date: August 12, 2013

Approved for Release: 2021/12/06 C06094884
FOIA Request ID: 1911
FOIA Request submitted by:
Mr. Jason Leopold
Submitted on: August 7, 2013 21:55 - America/New_York
Investigative Journalist
United States
Request:
This is a request for records under the Freedom of Information Act
("FOIA"), 5 U.S.C. � 552, et seq. I am seeking all records pertaining to
request number F-2013-01113, "reports or NIE's on the recent cyber espionage
attacks," filed or received by CIA on March 14, 2013. If this request has not
been filled I would like to be added as a requester and receive all
responsive documents.
If you deny all or part of this request, please cite the specific exemptions
you believe justify your refusal to release the information or permit the
review and notify us of your appeal procedures available under the law. In
excising material, please "black out" rather than "white out" or
"cut out." In addition, I draw your attention to President Obama's 21
January 2009 Memorandum for the Heads of Executive Departments and Agencies,
directing federal agencies to adopt a presumption in favor of disclosure and
stating that government information should not be kept confidential "merely
because public officials might be embarrassed by disclosure, because errors
and failures might be revealed, or because of speculative or abstract
fears."
I am a widely published independent investigative reporter and a current
contributor to Al Jazeera
(http://www.aljazeera.com/profilehason-leopold-.html). In addition, I am the
Editor at Large for the online publication, The Public Record
(www.pubrecord.org). I have also had my journalism published in dozens of
domestic and international publications.
According to 5 U.S.C. � 552(a)(4)(A)(ii), codifying the ruling of Nat'l
Security Archive v. Dep't of Defense, 880 F.2d 1381 (D.C. Cir. 1989), the
(b)(6)
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Approved for Release: 2021/12/06 C06094884
term "a representative of the news media" means any person or entity that
gathers information of potential interest to a segment of the public, uses
its editorial skills to turn the raw materials into a distinct work, and
distributes that work to an audience.
I have a clear intent to "publish[ ] or otherwise disseminate[ ]
information to the public." Id. at 1386 (quoting the following legislative
history: 1) "It is critical that the phrase 'representative of the news
media' be broadly interpreted if the act is to work as expected. ... In
fact, any person or organization which regularly publishes or disseminates
information to the public ... should qualify for waivers as a
'representative of the news media." 132 Cong. Rec. 514298 (daily ed.
Sept. 30, 1986) (emphasis in original quotation); 2) "A request by a
reporter or other person affiliated with a newspaper, magazine, television or
radio station, or other entity that is in the business of publishing or
otherwise disseminating information to the public qualifies under this
provision." 132 Cong. Rec. H9463 (Oct. 8, 1986) (emphasis in original
quotation)). Therefore, in accordance with the Freedom of Information Act
and relevant case law, I, Jason Leopold, should be considered a
representative of the news media and as such I am also requesting a public
interest fee waiver.
Please ensure that, in accordance with the DC Circuit's ruling in Chambers
v. Dep't of the Interior, 568 F.3d 998 (D.C. Cir. 2009), all records
potentially responsive to this FOIA request are immediately preserved from
destruction until the final resolution of this FOIA action. Destruction of
potentially responsive records after the receipt of a FOIA request is
considered "contumacious conduct" by the DC Circuit. See id. at 1004.
Your agency is required by law to respond to this request within 20 working
days. Failure to timely comply may result in the filing of a civil action
against your agency in a United States District Court.
Please provide any records produced in response to this request in electronic
(soft-copy) form. Your cooperation in this matter would be appreciated. If
you wish to discuss this request, please do not hesitate to contact me.
Fee Waiver:
I am a widely published independent investigative reporter and a current
contributor to Al Jazeera
(http://www.aljazeera.com/profilenason-leopold-.html). In addition, I am the
Editor at Large for the online publication, The Public Record
(www.pubrecord.org). I have also had my journalism published in dozens of
domestic and international publications.
Approved for Release: 2021/12/06 C06094884
Approved for Release: 2021/12/06 C06094884
According to 5 U.S.C. � 552(a)(4)(A)(ii), codifying the ruling of Nat'l
Security Archive v. Deprt of Defense, 880 F.2d 1381 (D.C. Cir. 1989), the
term "a representative of the news media" means any person or entity that
gathers information of potential interest to a segment of the public, uses
its editorial skills to turn the raw materials into a distinct work, and
distributes that work to an audience.
I have a clear intent to "publish[ ] or otherwise disseminate[ ]
information to the public." Id. at 1386 (quoting the following legislative
history: 1) "It is critical that the phrase 'representative of the news
media' be broadly interpreted if the act is to work as expected. In
fact, any person or organization which regularly publishes or disseminates
information to the public ... should qualify for waivers as a
'representative of the news media.' 132 Cong. Rec. 514298 (daily ed.
Sept. 30, 1986) (emphasis in original quotation); 2) "A request by a
reporter or other person affiliated with a newspaper, magazine, television or
radio station, or other entity that is in the business of publishing or
otherwise disseminating information to the public qualifies under this
provision." 132 Cong. Rec. H9463 (Oct. 8, 1986) (emphasis in original
quotation)). Therefore, in accordance with the Freedom of Information Act
and relevant case law, I, Jason Leopold, should be considered a
representative of the news media and as such lam also requesting a public
interest fee waiver.
Approved for Release: 2021/12/06 C06094884