U.S. Department of Justice i i i Federal Bureau of Investigation T if Washington, 0.0. 20535 September 25, 2013 Mr. Daniel Rigmaiden **1096611 1 CCA-CADC PO Box 6300 Florence, AZ 85132 M'Ml FOIPA Request No.: 1212582~000 Subject: WIRELESS DEVICE LOCATORS MANUFACTURED BY HARRIS WPG Dear Mr. Rigmaiden: This is in reference to your Freedom of Information (FOIA) request that is currently in litigation. Your FOIA request dated October 10, 20111 seeks “all agency records concerning the following portable/transportable wireless device locators and related equipment manufactured andlor branded and/or sold by Harris Wireless Products Group (Harris Corporation.)” By letter dated May 1, 2013, the FBI advised you that pursuant to FOlA exemption (b)(7)(E) [5 U.S.C. § 552 (b)(7)(E)], the FBl could neither con rm nor deny the existence of records responsive to your request. The FBI has since determined that it can now confirm that records responsive to this part of your request exist; however, a substantial portion of these records remain exempt under 5 U.S.C. § 552 (b)(7)(E). . i i To the extent you have requested a fee waiver and expedited processing of this material, your , requests are denied. See enclosed letters dated September 25, 2013. l The FBI has identi ed approximately 23,000 pages of responsive material that has also been processed pursuant to a FOIA request for the same subject matter. - Within this body of approximately 23,000 pages, we have determined there are 4,377 pages of material responsive to your request that may be released in part to you as that material has been preprocessed for the similar FOlA request. If you elect to receive this material, you will owe $427.70 in duplication fees to receive a paper copy or an estimated $20002 to receive the release on CDs.- As a prisoner, you cannot receive CD’s directly. If you elect to pay for CD processing, you must provide an alternative address for receipt. In addition, there are over 11,000 pages within the body of 23,000 pages that require additional review and processing in light of the FBl’s admission that records related to this request exist. This review woulddetenrnine if there is additional material related to “Harris Corporation” within these 11 ,000 plus pages that may be segregated for release. Please note that, some of the 4377 pages preprocessed may be included in the over 11,000 pages of material to be re-reviewed and this could result in more material released from those 4,377 pages and/or more material released from some of 18,600 pages previously withheld in full. As such, you are responsible for applicable duplication fees for any additional material determined to be releasable. l l l i You have the following options: I Preprocessed material— If you elect to receive this preprocessed material, you will owe $427.70 in duplication fees to receive a paper copy or $20.00 for the estimated 2 CD’s. If you choose paper, an advance payment of the full amount of $427.70 is required per 28 C.F.R. § 16.8(i)(2). As noted above, since you are a prisoner, you must provide an alternative address and agree to pay the estimated fee of $20.00 in order to receive your release in CD format. l l 1 The FBl did not receive this FOIA request dated October 10, 2011. The FBl addressed this FOIA request as soon as it was noti ed of the request. 2 CDs cost $15 each, but there is a $10 credit for the rst CD and the remaining $5 is carried forward to the second CD, so the total amount due for 2 CDs is $20. This estimate is also contingent on the actual le size of these records. lf the records can t onto a single CD, there will be no charge, but if 3 CDs are required, the amount due would be $35. i l I 1 Additional material of 11,000 pages—Given the signi cant volume of this re-review and reprocessing project, FBI estimates that duplication costs will exceed $25.00. Accordingly, per § 16.11(e), if you elect to receive this material, work will not commence until you agree to pay this fee. Once work commences, you will be invoiced for eacil release on a monthly basis per the following. There is a duplication fee of ten cents per page if you receive a paper copy (See 28 C.F.R. § 16.11 and 16.49). Releases are also available on CD upon request. Each CD contains approximately 500 reviewed pages per release. The 500 page estimate is based on our business practice of processing cases in which the page count exceeds 501 pages. The rst 100 pages, or the cost equivalent ($10.00) for releases on CD, will be provided to you at no charge. Again, you must provide an alternative address if you elect to receive these releases on CD and must remit payment for each CD.3 You also have the option to reduce the scope of your request; this will accelerate the process and could potentially place your request in a smaller processing queue. This may also reduce search and duplication costs and allow for a more timely receipt of your information. The FBI uses a three-queue processing system to fairly assign and process new requests. Requests track into one of the three queues depending on the number of responsive pages - 500 pages or less (small queue), 501 pages to 2500 pages (medium queue), or more than 2500 pages (large queue). Small queue cases usually require the least time to process. Please advise in writing, if you would like to discuss reducing the scope of your request, and your willingness to pay the estimated search and duplication costs indicated above. Mail your response to: Work Process Unit; Record Information/Dissemination Section; Records Management Division; Federal Bureau of I Investigation; 170 Marcel Drive; Winchester, VA 22602. You may also fax your response to: 540~868-4997, Attention: Work Process Unit. Please remember this is only an estimate, and some of the information may be withheld in full pursuant to FOIA/Privacy Act exemption(s). Also, some information may not be responsive to your subject. Thus, the actual charges could be less. However, you must notify us in writing within thirty (30) days from the date of this letter of your options above and format decision (paper or CD) and your remittance or commitment to pay the estimated fees as required. I l If we do not receive your format decision and/or commitment to pay within thirty (30) days of the date of this noti cation, your request will be closed. Include the FOIPA Request Number listed above in any communication regarding this matter. . Sincerely, “B»w.li/_5 David M. Hardy Section Chief, Recordllnformation Dissemination Section Records Management Division I i l I 3 See footnote 2, above. I i I U.S. Department of Justice ~ j 7 7 7 _ _ Federal) Bureau of Investigation, Washington, D.C. 20535 September 25, 2013 Mr. Daniel Rigmaiden **109661 1 1 CCA-CADC PO Box 6300 Florence, AZ 85132 FOIPA Request No.: 1212582-000 Subject: WIRELESS DEVICE LOCATORS MANUFACTURED BY HARRIS WPG I I I Dear Mr. Rigmaiden: I i This is in response to your request for a fee waiver for the above referenced Freedom of Information/Privacy Acts (FOIPA) request. Fee waivers are determined on a case by case basis. §ge_ 5 U.S.C. § 552 (a)(4)(A)(iii). I To be granted a fee waiver or a reduction in fees, two requirements must be satis ed. First, you must demonstrate that "disclosure of the [requested] information is in the public interest because it is likely to contribute signi cantly to public understanding of the operations or activities of the government." Second, you must establish that "disclosure of the information . . . is not primarily in the commercial interest of the requester." _S,e_§, 5 U.S.C. § 552(a)(4)(A)(iii). The burden is on the requester to show the statutory requirements for a fee waiver have been met. lf these requirements are not satis ed, a fee waiver is unavailable under the statute. To determine whether disclosure is in the public interest, we consider these factors: (1) whether the subject of the requested records concerns “the operations or activities of the govemment;“ (2) whether the disclosure is "likely to contribute" to an understanding of government operations or activities; and (3) whether disclosure of the requested information will contribute “signi cantly” to "public understanding." Si 28 C.F.R. §16.11(k)(2). If the first requirement has been met, we must then determine whether disclosure of the requested information is primarily in the commercial interest of the requester. To make this determination, we consider these factors: (1) whether the requester has a commercial interest that would be furthered by the requested disclosure and (2) whether the magnitude of the identi ed commercial interest of the requester is suf ciently large, [compared to] the public interest in disclosure, that disclosure is "primarily in the commercial interest of the requester." §__e_e_ 28 C.F.R. § 16.11(k)(3). If the req'uester's commercialinterest in disclosure is greater than the public interest to be served, then a fee waiver is not warranted. We have reviewed the information you provided in support of your request for a fee waiver and have found that you do not satisfy either requirement. Quoting or paraphrasing the statute, without also providing factual detail or support speci c to your request, is not sufficient under the law. Moreover, while disclosure contributes to your individual understanding and interest, it is not likely to contribute signi cantly to public understanding of government operations and activities. Consequently, your request is denied. S E I- E 1 E I \lI l I I I I I I I 5 I i I )3. I I I I I Ir I You may le an appeal by writing to the Director, Of ce of Information Policy (OIP), U.S. Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, D.C. 20530~0001, or you may submit an appeal through OlP’s eFOlA portal at http_;[[wvvw.justioe.gov/oiplefoia~portal.hti;nl. Your appeal must be received by OIP within sixty (60) days from the date of this letter in order to be considered timely. The envelope and the letter should be clearly marked “Freedom of Information Appeal.” Please cite the FOIPA Request Number in any correspondence to us for proper identi cation of your request. I Sincerely, David M. Hardy Section Chief, Recordllnformation Dissemination Section Records Management Division I , I i i I i I I I I i i I> i iE I i U.S. Department of Justice I I I Federal Bureau of Investigation Washington, D.C. 20535 September 25, 2013 Mr. Daniel Rigmaiden **1096611 1 CCA-CADC PO Box 6300 Florence, AZ 85132 I I 1 FOIPA Request No.: 1212582-000 Subject: WIRELESS DEVICE LOCATORS MANUFACTURED BY HARRIS WPG I I Dear Mr. Rigmaiden: This is in reference to your letter to tlie FBI, in which you requested expedited processing for the above-referenced Freedom of Information /Privacy Acts (FOIPA) request. Under Department of Justice (DOJ) I i I standards for expedited processing, it can only be granted in the following situations: 28 C.F.R. §16.5 (d)(1)(i): "Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual." I i i 28 C.F.R. §16.5 (d)(1)(ii): "An urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engaged in disseminating information." 28 C.F.R. §16.5 (d)(1)(iii): "The loss of substantial due process of rights." 28 C.F.R. §16.5 (d)(1)(iv): "A matter of widespread and exceptional media interest in which there exists possible questions about the government’s integrity which affects public con dence." I You have not provided enough information concerning the statutory requirements permitting expedition; therefore, your request is denied. You may le an appeal by writing to the Director, Of ce of Information Policy (OIP), U.S. Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, D.C. 20530-0001, or you may submit an appeal through OlP’s eFOlA portal at _l1ttp;//www.justice.gov/oip/efoia-portal.html. 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