Cell-site simulator agreement and procurement information (Delaware State Police)

Jonathan Rudenberg filed this request on behalf of Samantha Welsh with the Delaware State Police of Delaware.

It is a clone of this request.

Multi Request Cell-site simulator agreement and procurement information
Est. Completion Nov. 17, 2023
Status
Partially Completed

Communications

From: Samantha Welsh

To Whom It May Concern:

Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:

Please provide the following materials related to this agency’s use of cell-site simulators (sometimes also referred to as a Stingray or IMSI catcher) or similar technologies provided by companies, including but not limited to, Octasic/Nyxcell, Digital Receiver Technologies, and Tactical Support Equipment.

AGREEMENTS AND CONTRACTS
All agreements (in addition to any associated exhibits and amendments) related to this agency’s use of cell-site simulator technology, including but not limited to all:
• contracts (related to purchase, use, sharing of equipment, sharing of data, and any other action related to the use of this technology)
• memorandums of understanding
• intergovernmental services agreements
• nondisclosure agreements, or
• any other agreements.

POLICIES AND PROCEDURES
Any policies regarding this agency’s use of cell-site simulators. Responsive materials include all policies and procedures related to:
• the acquisition of the technology, including guidance regarding procurement through the bidding process, third parties, or any other method
• the use of the technology, including data collection, retention, and disposal
• training on and coordination of the technology
• any application, affidavit, or similar records created in the course of use of this technology
• the sharing of the equipment itself
• the sharing of any information gathered by the technology, either with other police departments, the district attorney, or any other entity, inside or outside of the local criminal justice system

PROCUREMENT
All materials regarding this agency’s acquisition of cell-site simulator equipment. Responsive materials include all:
• bidding and procurement materials, including the initial Request for Bids, Request for Proposals, or equivalent bidding records
• invoices and receipts related to payments for the equipment
• records related to any complimentary use of the equipment

According to previous news reports, your agency has used cell-site simulator equipment. This request is for all responsive materials relevant to the use of cell-site simulator equipment since January 1, 2018.

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 15 business days, as the statute requires.

This request is filed by Jonathan Rudenberg, a citizen of Delaware, in coordination with Samantha Welsh.

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:

Please provide the following materials related to this agency’s use of cell-site simulators (sometimes also referred to as a Stingray or IMSI catcher) or similar technologies provided by companies, including but not limited to, Octasic/Nyxcell, Digital Receiver Technologies, and Tactical Support Equipment.

AGREEMENTS AND CONTRACTS
All agreements (in addition to any associated exhibits and amendments) related to this agency’s use of cell-site simulator technology, including but not limited to all:
• contracts (related to purchase, use, sharing of equipment, sharing of data, and any other action related to the use of this technology)
• memorandums of understanding
• intergovernmental services agreements
• nondisclosure agreements, or
• any other agreements.

POLICIES AND PROCEDURES
Any policies regarding this agency’s use of cell-site simulators. Responsive materials include all policies and procedures related to:
• the acquisition of the technology, including guidance regarding procurement through the bidding process, third parties, or any other method
• the use of the technology, including data collection, retention, and disposal
• training on and coordination of the technology
• any application, affidavit, or similar records created in the course of use of this technology
• the sharing of the equipment itself
• the sharing of any information gathered by the technology, either with other police departments, the district attorney, or any other entity, inside or outside of the local criminal justice system

PROCUREMENT
All materials regarding this agency’s acquisition of cell-site simulator equipment. Responsive materials include all:
• bidding and procurement materials, including the initial Request for Bids, Request for Proposals, or equivalent bidding records
• invoices and receipts related to payments for the equipment
• records related to any complimentary use of the equipment

According to previous news reports, your agency has used cell-site simulator equipment. This request is for all responsive materials relevant to the use of cell-site simulator equipment since January 1, 2018.

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 15 business days, as the statute requires.

This request is filed by Jonathan Rudenberg, a citizen of Delaware, in coordination with Samantha Welsh.

From: Delaware State Police

Good Afternoon:

This email is to acknowledge that your request was received by the Division of Delaware State Police (DSP). Please note that FOIA allows access to public records; (See 29 Del. C. §10002 (definition of “public record” and specific exemptions)); (See 29 Del. C. § 10003 (setting forth FOIA request procedures)). Your request has been sent for legal review. We will provide an additional update in approximately three weeks.

Regards,

Christina Duran

Christina Duran
FOIA Coordinator/Paralegal
Division of Delaware State Police
christina.duran@delaware.gov
[cid:image001.png@01D9A82B.31C5D890]

This email, and any files or attachments transmitted with it, should be considered official Delaware State Police communications and confidential. The email is intended solely for the use of the individual to whom or entity to which it is addressed. Any forwarding or dissemination of the contents of this email in any manner without the express permission of the sender may be violation of Delaware State Police Rules and Regulations, Rule #10 or state or federal law and subject the violator to disciplinary action and/or criminal prosecution. If you believe you are not the intended recipient and have received the email in error, please contact the sender immediately.

From: Delaware State Police

Good morning:

I do apologize for the inconvenience of your FOIA request. I am working diligently on your request and due to the holiday weekend there are a few employees that are on vacation that we need to get legal advice. Again I will need to extend this request another two weeks to ensure that we are responding adequately. Thank you and hope you have a great week!

Regards,

Christina Duran

Christina Duran
FOIA Coordinator/Paralegal
Division of Delaware State Police
christina.duran@delaware.gov
[cid:image001.png@01D9B49E.36645DC0]

This email, and any files or attachments transmitted with it, should be considered official Delaware State Police communications and confidential. The email is intended solely for the use of the individual to whom or entity to which it is addressed. Any forwarding or dissemination of the contents of this email in any manner without the express permission of the sender may be violation of Delaware State Police Rules and Regulations, Rule #10 or state or federal law and subject the violator to disciplinary action and/or criminal prosecution. If you believe you are not the intended recipient and have received the email in error, please contact the sender immediately.

From: Delaware State Police

Good morning:

I apologize for the inconvenience. We will need an additional 10 days for legal review. Thank you!

Regards,

Christina Duran

Christina Duran
FOIA Coordinator/Paralegal
Division of Delaware State Police
christina.duran@delaware.gov
[cid:image001.png@01D9C389.8A4342E0]

This email, and any files or attachments transmitted with it, should be considered official Delaware State Police communications and confidential. The email is intended solely for the use of the individual to whom or entity to which it is addressed. Any forwarding or dissemination of the contents of this email in any manner without the express permission of the sender may be violation of Delaware State Police Rules and Regulations, Rule #10 or state or federal law and subject the violator to disciplinary action and/or criminal prosecution. If you believe you are not the intended recipient and have received the email in error, please contact the sender immediately.

From: Delaware State Police

Good afternoon:

I hope you are well. Just wanted to give a quick update that we are still reviewing your FOIA request and will need an additional 10 days. I apologize for the inconvenience. Thank you!

Regards,

Christina Duran

Christina Duran
FOIA Coordinator/Paralegal
Division of Delaware State Police
christina.duran@delaware.gov
[cid:image001.png@01D9C389.8A4342E0]

This email, and any files or attachments transmitted with it, should be considered official Delaware State Police communications and confidential. The email is intended solely for the use of the individual to whom or entity to which it is addressed. Any forwarding or dissemination of the contents of this email in any manner without the express permission of the sender may be violation of Delaware State Police Rules and Regulations, Rule #10 or state or federal law and subject the violator to disciplinary action and/or criminal prosecution. If you believe you are not the intended recipient and have received the email in error, please contact the sender immediately.

From: Delaware State Police

Good afternoon:

I apologize for the inconvenience, DSP will need an additional 10 days for legal to review your FOIA request, please see your original request below. Thank you for your patience. Have a great weekend!

Regards,

Christina Duran

Christina Duran
FOIA Coordinator/Paralegal
Division of Delaware State Police
christina.duran@delaware.gov
[cid:image001.png@01D9C389.8A4342E0]

This email, and any files or attachments transmitted with it, should be considered official Delaware State Police communications and confidential. The email is intended solely for the use of the individual to whom or entity to which it is addressed. Any forwarding or dissemination of the contents of this email in any manner without the express permission of the sender may be violation of Delaware State Police Rules and Regulations, Rule #10 or state or federal law and subject the violator to disciplinary action and/or criminal prosecution. If you believe you are not the intended recipient and have received the email in error, please contact the sender immediately.

From: Delaware State Police

Good afternoon:

Thank you for your email, we are going to need more time for legal to review. I apologize for any inconvenience, I will need an additional 10 business days. Thank you so much!

Regards,

Christina Duran

Christina Duran
FOIA Coordinator/Paralegal
Division of Delaware State Police
christina.duran@delaware.gov
[cid:image001.png@01D9DFEA.A538E190]

This email, and any files or attachments transmitted with it, should be considered official Delaware State Police communications and confidential. The email is intended solely for the use of the individual to whom or entity to which it is addressed. Any forwarding or dissemination of the contents of this email in any manner without the express permission of the sender may be violation of Delaware State Police Rules and Regulations, Rule #10 or state or federal law and subject the violator to disciplinary action and/or criminal prosecution. If you believe you are not the intended recipient and have received the email in error, please contact the sender immediately.

From: Delaware State Police

Good afternoon:

Thank you for your patience, I am diligently working on your request. Please allow another 10 business days. It is now under legal review. Thank you!

Regards,

Christina Duran

Christina Duran
FOIA Coordinator/Paralegal
Division of Delaware State Police
christina.duran@delaware.gov<mailto:christina.duran@delaware.gov>
[cid:image001.png@01D9EB05.E41B52A0]

This email, and any files or attachments transmitted with it, should be considered official Delaware State Police communications and confidential. The email is intended solely for the use of the individual to whom or entity to which it is addressed. Any forwarding or dissemination of the contents of this email in any manner without the express permission of the sender may be violation of Delaware State Police Rules and Regulations, Rule #10 or state or federal law and subject the violator to disciplinary action and/or criminal prosecution. If you believe you are not the intended recipient and have received the email in error, please contact the sender immediately.

From: Delaware State Police

Good afternoon:

Please note that your FOIA request is still under legal review and will need more time for your FOIA request. Please allow another 10 business days. Thank you for your patience.

Regards,

Christina Duran

Christina Duran
FOIA Coordinator/Paralegal
Division of Delaware State Police
christina.duran@delaware.gov<mailto:christina.duran@delaware.gov>
[cid:image001.png@01D9FC39.79FE1390]

This email, and any files or attachments transmitted with it, should be considered official Delaware State Police communications and confidential. The email is intended solely for the use of the individual to whom or entity to which it is addressed. Any forwarding or dissemination of the contents of this email in any manner without the express permission of the sender may be violation of Delaware State Police Rules and Regulations, Rule #10 or state or federal law and subject the violator to disciplinary action and/or criminal prosecution. If you believe you are not the intended recipient and have received the email in error, please contact the sender immediately.

From: Delaware State Police

Good morning!

I just returned to the office from a family emergency, I will check with our legal team and have a response to you no later than 11/17/2023. I apologize for any inconvenience. Thank you!

Regards,

Christina Duran

Christina Duran
FOIA Coordinator/Paralegal
Division of Delaware State Police
christina.duran@delaware.gov<mailto:christina.duran@delaware.gov>
[cid:image001.png@01DA13B5.CC055200]

This email, and any files or attachments transmitted with it, should be considered official Delaware State Police communications and confidential. The email is intended solely for the use of the individual to whom or entity to which it is addressed. Any forwarding or dissemination of the contents of this email in any manner without the express permission of the sender may be violation of Delaware State Police Rules and Regulations, Rule #10 or state or federal law and subject the violator to disciplinary action and/or criminal prosecution. If you believe you are not the intended recipient and have received the email in error, please contact the sender immediately.

From: Delaware State Police

Good morning:

I am actually getting things together for you and sending to the Colonel for review. You should receive something here in the next few days. I apologize for the delay. Thank you!

Regards,

Christina Duran

Christina Duran
FOIA Coordinator/Paralegal
Division of Delaware State Police
christina.duran@delaware.gov<mailto:christina.duran@delaware.gov>
[cid:image001.png@01DA2CDE.CFF73EE0]

This email, and any files or attachments transmitted with it, should be considered official Delaware State Police communications and confidential. The email is intended solely for the use of the individual to whom or entity to which it is addressed. Any forwarding or dissemination of the contents of this email in any manner without the express permission of the sender may be violation of Delaware State Police Rules and Regulations, Rule #10 or state or federal law and subject the violator to disciplinary action and/or criminal prosecution. If you believe you are not the intended recipient and have received the email in error, please contact the sender immediately.

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