Professional Documents
Culture Documents
FCC Net Neutrality White House
FCC Net Neutrality White House
Jason Leopold
Re:
to a party other than an agency in litigation with the agency[.]"4 Exemption 5 encompasses the
deliberative process privilege, which is intended to "prevent injury to the quality of agency
decisions." 5 To fall within the scope of the deliberative process privilege encompassed by
Exemption 5, records must be both pre-decisional and deliberative, "[reflecting] the give-andtake of the consultative process." 6 Disclosure ofthis material would chill the deliberative
process and inhibit the frank and open discussions between government employees that are
necessary for agency decision-making. 7
We have also redacted personal email addresses pursuant to FOIA Exemption 6, which
protects from disclosure information that "would constitute a clearly unwarranted invasion of
personal privacy." 8 Among the information redacted pursuant to Exemption 6 is the Chairman's
personal email address, which is identified in the attached by two asterisks (i.e.,"**").
The redactions we have made are consistent with our responsibility under the FOIA to
review responsive records to determine if any segregable portions can be released. 9 We also
reviewed the withheld records to determine if discretionary release of any of the portions being
withheld is appropriate. 10 The material that we have determined is exempt from disclosure under
FOIA Exemption 6 is not appropriate for discretionary release in light of the personal privacy
interests involved. 11 We also do not discern any overriding public interest in releasing the
records that we have determined are exempt from disclosure under FOIA Exemption 5 given the
harm to the integrity of the Commission's processes that would result from release of those
records. 12
We will provide you with a further supplemental response addressing the remaining
documents at issue once we have completed the consultation process with the Department of
State.
5 u.s.c. 552(b)(5).
NLRB v. Sears Roebuck & Co., 421 U.S. 132, 151 (1975).
6
Senate of the Commonwealth ofPuerto Rico v. DOJ, 823 F. 2d 574, 585 (D.C. Cir. 1987).
7
See Coastal States Gas Corp. v. Dep 't ofEnergy, 617 F.2d 854, 866 (D.C. Cir. 1980); L. Lloyd Morgan, 26 FCC
Red 13823, 13826 (20 11) (L. Lloyd Morgan); Rob Evans, 17 FCC Red 15146, 15147 (2002).
8
5 U.S.C. 552(b)(6) (Exemption 6); see also Moore v. Bush, 601 F. Supp. 2d 6, 14 (D.D.C. 2009) and Electronic
Frontier Foundation, 26 FCC Red 13812, 13816, n.13 (2011) (personal email addresses and telephone numbers
redacted pursuant to Exemption 6).
9
5 U.S.C. 552(b) (sentence immediately following exemptions).
10
See Memorandum for the Heads ofExecutive Departments and Agencies, Freedom ofInformation Act, 74 FR
4683 (2009) (President Obama's memorandum concerning the FOIA); The Freedom ofInformation Act (FOIA),
available at <http://www.usdoj.gov/ag/foia-memo-march2009.pdf> (Attorney General Holder's FOIA Memo).
11
See US. Department ofJustice, Office ofInformation Policy, FOIA Post, President Obama's FOIA Memorandum
and Attorney General Holder's FOIA Guidelines Creating a "New Era of Open Government," (2009), available at<
http://www.usdoj.gov/oip/foiapost/2009foiapost8.htm> >(recognizing that discretionary release of records is less
likely when the requirements of Exemption 6 are met for withholding records).
12
See Warren Havens, 24 FCC Red 12308, 12319 22 (2009) (declining to make discretionary release of material
exempt under deliberative process privilege); see also L. Lloyd Morgan, 26 FCC Red 13823, 13826 (2011).
4
You may file an application for review ofthis decision with the Commission's Office of
General Counsel within 30 days of the date of this letter. 13 Any such application must contain
"Review of Freedom of Information Act Action" in its caption and on the transmitting
envelope, 14 and should reference FOIA Control Number 2014-400.
Chief of Staff
Wireline Competition Bureau
Federal Communications Commission
cc:
13
14
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Sent: onday, May 12, 014 :09 AM
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Larry Strickling; 'Ross_D_Edelman@
Cc: Ruth Milkman
Subject: Re: Stormy weather
Operators are standing by.
Just let us know when
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----- Original Message ----From: Power, Tom [maHto:Thomns C Power@ (b) (6)
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Sent: Sunday, May 11, 2014 10:55 PM
To:. 'Larry StriCkling' <Lstrickling@ntia.doc.gov>; Edelman, R. David
< Ross_D_Edelman@ (b) (6)
Cc: Ruth Milkman
Subject: Stormy weather
Alas, Larry is stranded in Chicago due to weather and will not be back in time for lunch tomorrow. Not
that we would f1ave had much to talk about. We will have to reschedule. Enjoy the week!
Tom
From:
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Ruth f.lm:man; loqathAn SaliN; Philip Vt>D'Qo/i Shannon Gilson; Gi9l...S!2!mi Donie! Alvorez
FW: FlNALNCfA
-----Original Message-----
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Sent: ru'esday,
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From:.
Sent: Tuesday, April 29, 2014 3:08PM
To: Ruth Milkman; Philip Verveer; Jonathan Sallet; Gigf Sohn; Shannon Gilson; Daniel Alvarez; Julie
Veach; Daniel Alvarez; Sara Morris
SUbject: FINAL NCTA
From:
To:
Subject:
Date:
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----- Original Message ----From: Podesta, John [ r(l o
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Sent: Wednesday/ April 23, 2014 10:31 PM
To:.