Friday FOIA Not-So-Much-Fun, Actually

Several months ago, I made a FOIA request for an unclassified technical reference manual to a military agency. This week, they denied the request in full, saying the entire document is exempt because its release could “allow circumvention of an agency rule, policy, or statute, thereby impeding the agency in the conduct of its mission” - in other words, exemption (b)(2) “high”. I think that’s cowpoop, but I can live with their denial, and will appeal, for what little good that’ll do me.

Denial-in-full is a fact of life where the FOIA is concerned, so there’s really nothing exceptional or even interesting there. Apparently, though, the DoD felt like spreading a little holiday cheer at the same time…

The outright withholding of this document, I’m told, required one hour of search time, at a lowly clerical rate of around $20 per hour, and two hours of “professional” review at the fairly princely rate of $44 per hour, for a total assessable fee of - wait for it! - $108. However, out of the kindness of their heart - and because I agreed to pay only $50, and the DoD failed to inform me of their rather higher figure - Uncle Sam will call us even if I pony up $50. Within thirty days, I might add, or interest charges will apply.

I guess being forced to pay $50 for nothing is better than being forced to pay $108 for nothing, but I’m not an academic, I’m not going to use the document to “further” a “commercial, trade, or profit interest” (I don’t see how the reference guide in question could further anyone’s commercial interests), and - unlike some people - I don’t contend that just because I have a website, I’m “media”. As an individual who falls in the “all other” category of requesters, I’m supposed to get the first two hours’ search time waived, as well as all review fees.

I contacted the appropriate FOIA Requester Service Center, and pointed out the slight oversight. I was subsequently informed:

You are considered to be a “commercial” requester, and as such, you pay search and review fees. Thanks.

I’m still trying to figure out how I qualify as a “commercial” requester, and they’ve yet to respond with an explanation. I’m not opposed to paying the applicable, legally-permitted fees in connection with FOIA requests, and this has nothing to do with the fact that they want me to “pay something for nothing”; I am opposed, though, to being labeled - incorrectly, and without notification or explanation - a “commercial” requester, and being asked to cough up money against that fee schedule. Other government agencies consider me an “all other” requester; other components of the Department of Defense do, as well.

Bastards.

The really sad part is that this unclassified reference volume can be purchased by most active-duty military personnel, and most defense contractor personnel, for about forty bucks - a fee I’d gladly pay, incidentally. Not being eligible to purchase it, I tried to get a copy via the FOIA, and am, in essence, being asked to pay more just to be told I can’t have a copy. That, to quote Jeremy Clarkson, is really annoying…

So… any readers on the military who’d like to send me an early Christmas present? Get in touch with me and I’m sure we can work something out.