F-2019-00326 INITIAL REQUEST

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06775993
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 2
• Document Creation Date: July 13, 2023
• Document Release Date: August 19, 2022
• Case Number: F-2021-02459
• Publication Date: November 5, 2018

Approved for Release: 2022/06/27 C06775993
r-210/V-003 2A
FOIA Request ID: 2234
FOIA Request submitted by:
Emma Best
Submitted on: November 3,2018 :06:43 - Amerid/New_York
MuckRock News DEPT MR 63289
411A Highland Ave
Somerville, MA 02144
United States
Request:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following
records:
Reports on Chilean Government Involvement in Narcotics Trafficking, such as the one described in LOC-
HAK-108-7-14-9.
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 in outlets such as MuckRock,
Motherboard, Property of the People, AND Magazine, Unicorn Riot, and more. 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 makc them available through non-profits such as the library
Internet Archive and and the journalist non-profit, 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)00(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 governnient activities by reporting on it and making the raw
data available, I request that fees be waived.
Approved for Release: 2022/06/27 C06775993
Approved for Release: 2022/06/27 C06775993
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
Fee Waiver:
�
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 in outlets such as MuckRock,
Motherboard, Property of the People, AND Magazine, Unicorn Riot, and more. 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 library
Internet Archive and and the journalist non-profit, MuckRock, disseminating them to a large audience.
While my research is not limited to this, a great dell 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.
Approved for Release: 2022/06/27 C06775993