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ICE Tells Reporter Its Secretive Drone Program Isn't Newsworthy

v3rgEz writes Wondering how Immigration and Customs Enforcement uses drones along the border? ICE says you shouldn't be, declaring the topic "isn't news" anymore. The agency rejected a FOIA request fee waiver regarding Operation Safeguard because the program, started in secret 12 years ago, is no longer new. A March 3 letter signed by an ICE lawyer defined "news" as "information that is about current events or that would be of current interest to the public." Hard to see how the government's drone program, even if it is over a decade old, doesn't hold current interest, but maybe a useful example of what happens when you let agencies dictate what is — and isn't — news.

50 comments

  1. Nothing to see here. by amiga3D · · Score: 4, Funny

    Just keep moving folks! Move along!

    1. Re:Nothing to see here. by ganjadude · · Score: 1

      would be a shame if something happened to that perfect reputation you got there Mr Reporter... Why dont you go find something else to look into....

      --
      have you seen my sig? there are many others like it but none that are the same
  2. Something is amiss... by Guy+From+V · · Score: 5, Funny

    That the guy said it wasn't newsworthy immediately tells everyone it is newsworthy, any good agent would know this. So what if he's doing a triple-bluff...

    1. Re:Something is amiss... by davester666 · · Score: 1

      NSA: We've been doing this stuff secretly for over 50 years. Clearly it's not news anymore!

      --
      Sleep your way to a whiter smile...date a dentist!
  3. Re:Fee waiver by Anonymous Coward · · Score: 0, Interesting

    I can understand concerns about agencies using artificially high fees to stymie FOIA requests, but it's unreasonable to claim that the government should provide documents for free.

  4. Please, next story. by Anonymous Coward · · Score: 0, Offtopic

    I have utterly no interest in this.

    1. Re:Please, next story. by dfsmith · · Score: 2, Funny

      You appear to have accidentally hit the "Post" button instead of going to the next story. Easy mistake—I totally understand.

    2. Re:Please, next story. by Ol+Olsoc · · Score: 1

      You appear to have accidentally hit the "Post" button instead of going to the next story. Easy mistake—I totally understand.

      Whoosh - for very large values of Whoosh.

      read the headline....

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  5. My government at work by ShaunC · · Score: 5, Informative

    Of course it isn't newsworthy. Give it a decade. Once the entirety of the story has long since blown over, then they'll issue their official response.

    A few months ago, the Treasury Department sent us 237 pages in its latest response to our requests regarding Iran trade sanctions. Nearly all 237 pages were completely blacked out, on the basis that they contained businesses' trade secrets. When was our request? Nine years ago.

    That's how the government operates now. Just when you've completely forgotten about your FOIA request, they'll finally respond with hundreds of pages of fully redacted content, because they can't endanger old corporate trade secrets. What an excuse. They don't even bother playing the National Security card anymore, they straight up admit that business trumps all.

    Sorry, can't give you any insight into how the government operates, it might jeopardize corporate profits!

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  6. Re:Fee waiver by nobuddy · · Score: 4, Insightful

    Our fee is $5 per page. We will not break down report bundles. How would you like to pay for this 300,000 page report bundle?

  7. Current news... by meerling · · Score: 1

    Is it still running?
    Has the program been covered by the media until the public is utterly sick of it?
    Well then, it's current news.

    1. Re:Current news... by AHuxley · · Score: 1

      How many people where seen in all weather conditions per area?
      For the price where the drone sensors on offer useful for the tasks and areas covered?
      How many drones contracts would have been needed for a total 24/7 look down over the entire border area of interest?
      How did that flow and direction of people, vehicles spotted fit with existing data from traditional counts?
      What other data was collected? Look down mapping on a small section of a state? Add in driver, passenger faces, plate number (back and front), voice print from a "random" check point chat down with drone data, all cell phone data collected?
      Cost per coverage area with optical and other systems state wide, border wide?
      A nice deep sealed digital wall beyond the border areas.

      --
      Domestic spying is now "Benign Information Gathering"
  8. Obama by Anonymous Coward · · Score: 2, Informative

    Today the White House shut down FOIA requests to the Office of Administration. Who might the Office of Administration be, you ask? Among other things they happen to archive emails.

    Linky

    Oh look, a useful idiot, still clutching to The Most Transparent Administration Evar

    "The irony of this being Sunshine Week is not lost on me," said Anne Weismann of the liberal Citizens for Responsibility and Ethics in Washington, or CREW. "It is completely out of step with the president's supposed commitment to transparency," she said. "That is a critical office, especially if you want to know, for example, how the White House is dealing with e-mail."

    Here is to electing Hillary — let's just go full retard and do ten more years of the Clintons. It'll be fun!

    1. Re:Obama by Anonymous Coward · · Score: 0

      Sixteen more years. Don't forget about Chelsea.

    2. Re:Obama by Anonymous Coward · · Score: 1

      " ten more years of the Clintons" ten years?!
      well its eith 8 years of clinton or 8 years of bush... pick your poison and drink it slow

    3. Re:Obama by Anonymous Coward · · Score: 0

      ten years?!

      The math is based on the WaPo observation that, two years prior to the next election (and therefore a net of 10 years by the end of her second term) "The circus is (already) back in town."

    4. Re:Obama by youngone · · Score: 1

      Well, you Americans will insist on having a Government run by family dynasties.

    5. Re:Obama by Anonymous Coward · · Score: 0

      I thought it was based on Jeb Bush getting voted into office after 4 years, re-elected after 4 years, then two years later Mrs Clinton causes an economic crash, so 10 years.

    6. Re:Obama by blue+trane · · Score: 1

      Obama turned out to be weak tea. He had a chance after the election and that euphoric campaign rhetoric we voted for, to really shake things up and change everything. But Reid and Pelosi went straight back to the tried-and-true old way of doing things, and everything went to hell. They could have at least tried, written a goddam healthcare bill that was short enough so that they didn't fuck it up with mistakes like forgetting to include subsidies for the federal site.

      My theory is that the Illuminati came to Obama during the campaign and told him, we'll let you win, but when you get in all this hope and change crap has to go. And Obama took the deal. As Clinton did in '92...

    7. Re:Obama by DutchUncle · · Score: 1

      Reid and Pelosi and everyone doing strategy for the Democrats should be eliminated. All these years they have kept letting the Republicans take the initiative, frame the discussions. and define the terms of discourse. They are constantly two steps behind and on the wrong foot. Hell, Sansa Stark could do better, let alone anyone who has ever played any strategy games. Play the damn game by *all* of the rules, including backstabbing and poisoning the well like the Republicans do, and that includes the "knee to edge of board" variant that the Tea Party keeps trying to pull. Even this Clinton email thing is being handled badly, whichever side you agree with; the response - the very same day - should have been, "Yes, I ran my own email, just like I did for years before that, and the server is in the former President's house guarded by the Secret Service, and by the way all of you were receiving my emails ALL THOSE YEARS - didn't any of you idiots ever notice my return address all this time? and nobody cared all this time? But go ahead, assholes, because if you seat a committee to look into email, we're going to look into EVERYONE's email. Yes, including the ones with the dick pix and the dominatrix mistresses. Go ahead, I'll show you mine if you'll show me yours."

    8. Re:Obama by blue+trane · · Score: 1

      Yes. I think Jon Stewart said it best, after showing a clip of some Dem resigning over some trivial stupid shit: Pussies Sorry, I got the word "pussies" stuck in my throat"

    9. Re:Obama by Anonymous Coward · · Score: 0

      Considering both of their track records, you clearly got that backwards. It's ok, simple mistake.

  9. Re:Fee waiver by blue+trane · · Score: 1

    Defund the entire DHS, put the Border Patrol on a Basic Income funded at zero cost by the Fed, and challenge them to become decent human beings.

  10. Can slashdot stop posting about drones? by Anonymous Coward · · Score: 0

    When the year of the drones arrives, we will know. For now, there is no need to try to post stupid stories over and over like there is new news about fucking drones. There isn't, give it a rest

  11. Re:Fee waiver by Anonymous Coward · · Score: 0

    Our fee is $5 per page. We will not break down report bundles. How would you like to pay for this 300,000 page report bundle?

    Do you take goats?

  12. In the directors cut, the government shot first by Anonymous Coward · · Score: 0

    Reporter: Let me see your story.
    ICE Guy: [with a small wave of his hand] You don't need to see his story.
    Stormtrooper: We don't need to see his story.
    ICE Guy: These aren't the drones you're looking for.
    Stormtrooper: These aren't the drones we're looking for.
    ICE Guy: He can go about his business.
    Stormtrooper: You can go about your business.
    ICE Guy: Move along.
    Stormtrooper: Move along... move along.

  13. Re:Fee waiver by zlives · · Score: 1

    "decent human beings" then perhaps you shouldn;t have named the department DHS... (Depraved Human Shits)

  14. Re:Fee waiver by Anonymous Coward · · Score: 0

    After hearing the story about how the DHS brass went out of their way to protect a DHS officer that was raping suspects that is a pretty apt description.

  15. So basically... by viperidaenz · · Score: 5, Informative

    Guy files a FOIA request and asks for a fee waiver.

    ICE responds and says sorry, that's about old new. No fee waiver.
    Of course it's not current news. It's about a trial that started on the 29th of October 2003 and ended on the 12th of November 2003. A 15 day trial, 11 years ago.

    They didn't deny the request, only denied the fee waiver.
    The fees are: 10c per page, first 100 pages free.
    First two hours free, then per 15 minutes it's between $7 and $10.25

    Guy kicks up a fuss on his blog.

    This guy has filed and had responded to over 300 FOIA requests, with the tax payer footing the bill.

    1. Re:So basically... by Anonymous Coward · · Score: 0

      Honestly with the amount of goverment overbloat we have and have seen this is the last thing I care about us wasting our taxes on. IMO if they had nothing to hide it wouldnt take more than 2 hours to respond to a FOIA.

    2. Re:So basically... by Kyogreex · · Score: 1

      It's still an entirely valid complaint in this instance IMHO. Whether or not its news should be judged on whether or not it's new information to the public, not whether or not it's a recent occurrence. After all, things we discover about the past are in the news all the time.

    3. Re:So basically... by blue+trane · · Score: 1

      Maybe a kickstarter could fund it?

    4. Re:So basically... by viperidaenz · · Score: 1

      It probably won't cost more than $50, but he's already spat the dummy.

    5. Re:So basically... by Anonymous Coward · · Score: 0

      > This guy has filed and had responded to over 300 FOIA requests, with the tax payer footing the bill.

      1) That's the point of FOIA requests: The govt pays for ones that are in the public interest.
      2) The Muckrock guy is performing a great public service. Browse his site to see what documents he has caused the government to produce. Then, go and read some of his interviews to see how much work performing those requests (and dealing with the inevitable illegal stonewalling) is.
      3) It is not true that the only category of news is Hot News. Old records can be totally newsworthy, especially when -as is the case here- the program to which the documents pertain hasn't been covered in any public forum.
      4) ICE *did* deny the fee waiver because they incorrectly determined that the muckrock guy was *not* acting as a journalist. You haven't needed press credentials to act as a journalist for decades. From the FA:

      "In its February 5 acknowledgement, the ICE FOIA team deemed mine to be a “non-commercial” request, correctly determining that I have no commercial interest in the documents, but incorrectly determining that I do not qualify as a journalist.

      For documents that may require some tracking down, this is more than a matter of journalistic pride - under FOIA fee provisions, a “non-commercial” requester is allotted two hours of search time and 100 pages of duplication for free, whereas media requesters do not pay for any search time."

      FOIA is the law. Folks in the govt don't like to abide by the law when it inconveniences or embarrasses them. That's too bad for them.

  16. We need a new elected office: Whistleblower by Anonymous Coward · · Score: 0

    Every four years, we elect someone to blow the lid on one government agency or official. Then, this person has unlimited subpoena power with respect to their target.

    That would be fun.

  17. Too Late by DanMelks · · Score: 1

    Too late, it's news now!

    Even if they were going to make the claim that drones aren't a big deal and all the hullabaloo in the news over the new rules aren't news, then it was still moderately newsworthy as solely a border issue.

  18. News does not have to be "New" by s.petry · · Score: 1

    Not you, but TFA seems to wish to claim that nothing new can come from a program which has some age. When information is leaked, the information is "New" and might also be "News". No, I'm not surprised that a paid government officer would try to spin things. I only worry that a majority will believe them. Majority as in who Rush Limbaugh refers to as "low information voters".

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    1. Re:News does not have to be "New" by Anonymous Coward · · Score: 0

      Oh my! Rush Limbaugh is the last person that should be calling anyone "low information", considering he is knowingly and admittedly a propagandist mouthpiece. The irony of it all could very well destabilize Earth's magnetic field.

  19. If old news isn't newsworthy by Anonymous Coward · · Score: 0

    Then you all should have no issues declassifying anything older than say a decade ? I mean, it's OLD news right ?

  20. FOIA rules by manu0601 · · Score: 1

    Please enlighten me: the law really requires FOIA requests to target stuff that are new?

  21. Re:Fee waiver by Anonymous Coward · · Score: 0

    Dafuq? Link?

  22. When the government tells you what's news... by mr_mischief · · Score: 1

    When the government tells you what's news, you're in a police state.

  23. The real threat of a GOP-controlled WH & Congr by ThatsNotPudding · · Score: 1

    If the GOP again controls both the White House and both houses, the first thing they will do is outright eliminate the Freedom of Information Act or make it so toothless as to be irrelevant. After all, there's an endless, profitable war on, you know.

  24. How odd... by Chris+Mattern · · Score: 1

    I wasn't aware that the Freedom of Information Act had a "It's not news" exemption.

  25. Lawyerspeak by g0bshiTe · · Score: 1

    Just respond using the lawyers own definition, "with the amount of personal drone use getting media attention the manner in which drones can be used is in fact news, based on current events and relevant.

    Since when does a FOIA request have to be about something newsworthy? By that metric any FOIA request should be denied due to it not being "new".

    --
    I am Bennett Haselton! I am Bennett Haselton!
  26. Re:Fee waiver by dfsmith · · Score: 1

    Your point is taken, but that's not actually the case.

    Fees are $0.10/page, search is $16 to $28/hour depending on the type. You are notified in advance if the fees will be over $25.[1]

    Also, the request has to be "not primarily in the commercial interest of the requester" [1], which may or may not be the case here.

    [1] http://www.dhs.gov/foia-fee-structure-and-waivers

  27. So, pay the fee... by mattack2 · · Score: 1

    Why should news organizations not have to pay the fee anyway?

    (BTW, the FOIA is available for _everyone_, not just news agencies..)

  28. "Legal" is a legal fiction. by Anonymous Coward · · Score: 0

    "They" are just rapidly closing all the loopholes until they can declare absolutely anything they do, or don't do, to be legal according to some obscure reading that no one will ever figure out before it's moot.