Cell site simulator documents (Boston Police Department)

Shawn Musgrave filed this request with the Boston Police Department of Boston, MA.

It is a clone of this request.

Tracking # 15-787
Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records as part of my ongoing investigation into use of StingRays by law enforcement agencies nationwide:

1. A copy of all memos or emails between the Boston Police Department and the Harris Corporation.

2. A copy of all memos or emails between the Boston Police Department and the Boeing company.

3. A copy of all meeting minutes for meetings pertaining to cell site simulators, IMSI catchers, "Stingray" devices, "DRTBox" devices or "KingFish" devices.

4. A copy of all letters, agreements or other documents containing guidelines or instructions for responding to FOIA requests or equivalent state or local law pertaining to the Harris Corporation, Boeing, cell site simulators, IMSI catchers, "Stingray" devices, "DRTBox" devices or "KingFish" devices.

5. Records regarding your agency's acquisition of cell site simulators (also referred to as "IMSI catchers", "StingRay" devices, "DRTBox" devices or "KingFish" devices — "cell site simulators" below), including but not limited to invoices, purchase orders, contracts, loan agreements, evaluation agreements, solicitation letters, correspondence with companies and public agencies that provide the devices, and similar documents.

6. Records regarding any offer, proposal, arrangement, agreement, or memorandum of understanding with Massachusetts State Police ("MSP"), Naval Criminal Investigative Service ("NCICS"), Federal Bureau of Investigation ("FBI"), U.S. Marshals Service, FBI's Data Intercept Technology Unit ("DITU"), Boston Regional Intelligence Center ("BRIC"), Commonwealth Fusion Center ("CFC"), or any corporation, to borrow, permanently acquire from, or use any cell site simulator owned or possessed by these organizations.

7. All nondisclosure agreements with Harris Corporation, Digital Receiver Technology (DRT, formerly Utica Systems, now a subsidiary of Boeing Corporation), Septier Communication Limited, Proximus LLC, any other corporation, and any state or federal agencies, regarding your agency's actual or potential possession or use of cell site simulators.

8. Records regarding policies and guidelines governing use of cell site simulators, including but not limited to :
a) when, where and how they may be used
b) logging, retention and purging of data from the devices
c) what kind of legal process (including an administrative warrant, judicial warrant, or other legal process) should or should not be obtained to use the devices

5. Training materials for use of cell site simulators

6. Any licenses, waivers, or agreements with federal or state communications regulatory agencies (e.g., Federal Communications Commission, Massachusetts Office of Consumer Affairs & Business Regulation (Telecommunications Division), Massachusetts Attorney General (Energy and Telecommunications Division), etc.) concerning use of cell site simulators


I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that fees cannot be waived, 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 10 calendar days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Media Relations

April 10, 2015:

Shawn Musgrave
Muckrock

Dear Mr.Musgrave:

Pursuant to G. L. c. 66, § 10 (b), this correspondence is to confirm
receipt of your request for documents that are potentially in the
possession, custody or control of the Boston Police Department.
Specifically, you have requested:

1. A copy of all memos or emails between the Boston Police Department and
the Harris Corporation.

2. A copy of all memos or emails between the Boston Police Department and
the Boeing company.

3. A copy of all meeting minutes for meetings pertaining to cell site
simulators, IMSI catchers, "Stingray" devices, "DRTBox" devices or
"KingFish" devices.

4. A copy of all letters, agreements or other documents containing
guidelines or instructions for responding to FOIA requests or equivalent
state or local law pertaining to the Harris Corporation, Boeing, cell site
simulators, IMSI catchers, "Stingray" devices, "DRTBox" devices or
"KingFish" devices.

5. Records regarding your agency's acquisition of cell site simulators
(also referred to as "IMSI catchers", "StingRay" devices, "DRTBox" devices
or "KingFish" devices — "cell site simulators" below), including but not
limited to invoices, purchase orders, contracts, loan agreements,
evaluation agreements, solicitation letters, correspondence with companies
and public agencies that provide the devices, and similar documents.

6. Records regarding any offer, proposal, arrangement, agreement, or
memorandum of understanding with Massachusetts State Police ("MSP"), Naval
Criminal Investigative Service ("NCICS"), Federal Bureau of Investigation
("FBI"), U.S. Marshals Service, FBI's Data Intercept Technology Unit
("DITU"), Boston Regional Intelligence Center ("BRIC"), Commonwealth Fusion
Center ("CFC"), or any corporation, to borrow, permanently acquire from, or
use any cell site simulator owned or possessed by these organizations.

7. All nondisclosure agreements with Harris Corporation, Digital Receiver
Technology (DRT, formerly Utica Systems, now a subsidiary of Boeing
Corporation), Septier Communication Limited, Proximus LLC, any other
corporation, and any state or federal agencies, regarding your agency's
actual or potential possession or use of cell site simulators.

8. Records regarding policies and guidelines governing use of cell site
simulators, including but not limited to :
a) when, where and how they may be used
b) logging, retention and purging of data from the devices
c) what kind of legal process (including an administrative warrant,
judicial warrant, or other legal process) should or should not be obtained
to use the devices

5. Training materials for use of cell site simulators

6. Any licenses, waivers, or agreements with federal or state
communications regulatory agencies (e.g., Federal Communications
Commission, Massachusetts Office of Consumer Affairs & Business Regulation
(Telecommunications Division), Massachusetts Attorney General (Energy and
Telecommunications Division), etc.) concerning use of cell site simulators

We will contact you as soon as possible with our findings, and will
send you a cost estimate for your requested materials if fulfilling the
request

is expected to exceed $10.00, per 950 C.M.R. 32.06(1); 950 C.M.R. 32.03;
M.G.L. c 66 § 10(a).

Please be advised that we research each request in the order it was
received, and it may take longer than ten days to be fulfilled. If your
request requires a substantial amount of research, reviewing and redacting,
fulfilling the request will take a significant amount of time. Please plan
accordingly.

Thank you,

Office of Media Relations
Boston Police Department
617-343-3520
www.bpdnews.com

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 7, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 7, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Shawn Musgrave

Hello -

I have been made aware of the attached Supervisor of Records determination in Mr. Mike Katz-Lacabe's request regarding StingRay records held by the Boston Police Department, as well as the FBI's public statements — as reported by the Washington Post (see http://www.washingtonpost.com/world/national-security/fbi-clarifies-rules-on-secretive-cellphone-tracking-devices/2015/05/14/655b4696-f914-11e4-a13c-193b1241d51a_story.html) — that its non-disclosure agreement does not forbid law enforcement from disclosing use of StingRay devices.

As the reported by the Post: "In a handful of criminal cases around the country, local police officers have testified in recent months that non-disclosure agreements with the FBI forbid them from acknowledging the use of secret cellphone-tracking devices. In some, prosecutors have settled cases rather than risk revealing sensitive details about use of the devices in court proceedings. [....] The FBI, however, says such agreements do not prevent police from disclosing that they used the equipment, often called a StingRay."

I trust that BPD will keep in mind both the SPR's determination and the FBI's clarification of NDA requirements as the department processes my request. In light of the considerable time that has passed since I submitted this request for documents regarding BPD's acquisition and use of cell site simulators, I look forward to a substantive response soon.

Respectfully,
Shawn Musgrave
Investigative reporter, MuckRock

  • Mass_Public_Records_Division_appeal_response_19May2015.pdf

From: Shawn Musgrave

Hello -

Checking on this .

Best,
Shawn

From: Shawn Musgrave

Hello -

I look forward to receiving a substantive response to this request within the week.

Respectfully,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Supervisor of Records
Office of the Secretary of the Commonwealth
McCormack Building, Room 1719
One Ashburton Place
Boston, MA 02108

To Whom It May Concern:

This is an appeal for the constructive denial of my request to the Boston Police Department for a range of public records concerning cell site simulators. My request was filed in early April, but I have not received any substantive update since BPD acknowledged my request on April 10, despite several followups I have sent to the department by email. As this request is now over ten days and under 90 days from its receipt by BPD, I now appeal to the Supervisor of Records.

Please direct BPD to conduct a good faith search for responsive records and to provide documents, in accordance with the department's obligations under the Massachusetts public records statute.

Respectfully,
Shawn Musgrave
Reporter, MuckRock

From: Shawn Musgrave

Hello -

I've a sent a copy of the below appeal to the Supervisor.

Respectfully,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Ms. Rastellini -

Please see below for the language of the appeal I mailed to the Supervisor of Records on June 8. To date I have not received any acknowledgement of this appeal.

Please confirm receipt.

Best,
Shawn Musgrave
MuckRock

From: Rastellini, Patricia (SEC)

Thank you Shawn.

From: Shawn Musgrave

Patricia -

Thank you for confirming receipt. Please provide a tracking number once it's entered into the Supervisor of Record's appeal system.

Best,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hi Patricia -

I haven't received an official acknowledgement of this appeal, nor do I see it listed on the Supervisor's listing of appeals. Please advise whether I need to send it again?

Best,
Shawn Musgrave
MuckRock

From: Rastellini, Patricia (SEC)

Hi Shawn,

No need to resend. It is in process of being opened.

Patricia

From: Shawn Musgrave

Thank you!

From: Rastellini, Patricia (SEC)

You’re very welcome!

From: Supervisor of Records

An interim response, stating the request appeal is being processed.

From: Rastellini, Patricia (SEC)

The above is the appeal number for your request - cell site simulator docs (BPD).

Patricia H. Rastellini
Office Manager
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832

From: Boston Police Department

A letter stating that the request appeal has been succesful.

From: Shawn Musgrave

Lt. Det. McCarthy -

Per the attached, BPD has failed to respond to the SPR's previous order for specific rationale behind the department's rejection of my request. Please confirm that BPD will be responding to SPR's current order to provide such specific rationale within 10 business days of this latest letter.

Respectfully,
Shawn Musgrave
MuckRock

From: Mike McCarthy

Legal is looking into it.

Mike M
--
Lieutenant Detective Michael P. McCarthy
Director, Office of Media Relations
617-343-5412 (o)
617-593-4455 (c)

From: Shawn Musgrave

Hi Mike -

Can you confirm whether Legal received the previous SPR order to provide documents or a more specific justification for withholding the documents?

Best,
Shawn

From: Mike McCarthy

Hi Shawn,

Legal is in receipt of the SPR memo and will be providing a response.

Mike
--
Lieutenant Detective Michael P. McCarthy
Director, Office of Media Relations
617-343-5412 (o)
617-593-4455 (c)

From: Shorey, Stephen (SEC)

Hi Mike,

Thank you for this. Please provide a copy of the response to pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.
Best,
Stephen

Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914

From: Mike McCarthy

Stephen,

Legal will be providing the response.

Lt McCarthy
--
Lieutenant Detective Michael P. McCarthy
Director, Office of Media Relations
617-343-5412 (o)
617-593-4455 (c)

From: Boston Police Department

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: Katherine Hoffman

Good afternoon Mr. Musgrave,

Attached please find the Department's supplemental denial to your public
requests request. Hard copies of the Department's response will be mailed
to your listed address as well as Shawn Williams at the Public Records
Division. Thank you.

Kate Sarmini Hoffman
Staff Attorney
Office of the Legal Advisor
Boston Police Department

From: Shawn Musgrave

Hello -

It seems that this is the same justification for rejection that BPD provided to Mr. Katz-Lacabe in May 2015, and which the SPR ruled was insufficient (see attached).

Please advise as to whether supplementary justification was meant to be included in your rejection of my request.

Best,
Shawn Musgrave

From: Shawn Musgrave

Hello -

Checking on this.

-Shawn

From: Shawn Musgrave

Supervisor of Records
Office of the Secretary of the Commonwealth
McCormack Building, Room 1719
One Ashburton Place
Boston, MA 02108

To Whom It May Concern:

On September 30, 2015, Boston Police Department provided a supplementary response to my request for documents regarding cell site simulator devices. The BPD's response is identical to one provided to Mr. Katz-Lacabe in May 2015, and which the SPR ruled was insufficient (see attached). As such, I continue to appeal the department's failure to provide adequate justification for withholding the requested documents, as well as the department's utter failure to provide any justification whatsoever until the Supervisor issued a subsequent order.

Boston Police Department has a clear obligation under the public records law to release documents or provide an adequate legal justification for withholding such documents. The Supervisor has already determined that BPD's justification is substantively inadequate due to lack of specificity. Please remand this request once again back to BPD for provision of requested documents.

Respectfully,
Shawn Musgrave
MuckRock

From: Shorey, Stephen (SEC)

Mr. Musgrave,

We can open a new appeal and analyze the Boston Police Department’s September 30, 2015 response. Would you like us to do so?
Best,
Stephen

Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914

From: Shawn Musgrave

Mr. Shorey -

Please clarify whether your office considers BPD's response of September 30, 2015 to satisfy the SPR's order to provide justification with specificity for withholding documents responsive to my request.

Best,
Shawn

From: Shorey, Stephen (SEC)

Mr. Musgrave,

Our September 22, 2015 order states the Department must provide the records or an explanation if it intends to withhold any portions of the record. They provided an explanation on September 30, 2015. We can open a new appeal to determine whether the September 30 response satisfies the Department’s burden under the Public Records Law to provide justification with specificity. As a result, I can’t answer your question until we open an appeal and make a determination.

Let me know if you would like a new appeal and I will open it accordingly.
Best,
Stephen

Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914

From: Shawn Musgrave

Mr. Shorey -

Yes, I hereby appeal the adequacy of the Boston Police Department's subsequent answer. The Supervisor has already directed the BPD to provide justification with greater specificity for withholding documents relating to cell site simulator in response to a request on the same topic submitted by Mr. Katz-Lacabe. The BPD's response to my own request is identical to its response to Mr. Katz-Lacabe. As the Supervisor has previously determined that BPD's response to Mr. Katz-Lacabe was inadequate, it follows that BPD's response is inadequate for the present request.

As such, I ask that the SPR remand this request to BPD for good faith search and provision of responsive documents under the Massachusetts public records law.

Respectfully,
Shawn Musgrave
MuckRock

From: Shorey, Stephen (SEC)

Mr. Musgrave,

Thank you for this. We will proceed accordingly.
Best,
Stephen

Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914

From: MA Supervisor of Records

A letter stating that the request appeal has been received and is being processed.

From: Shawn Musgrave

Hello -

In light of the documents released to Mr. Mike Katz-Lacabe (see: https://www.documentcloud.org/documents/2516535-boston-pd-stingray-response-18nov2015.html), I reassert that BPD has yet to provide me with any documents pertaining to its deployment of cell site simulators. My request encompasses more than the NDA released to Mr. Katz-Lacabe, as it includes fiscal and policy documents.

I reassert my right under the Massachusetts public records law to these documents, and insist that you provide them promptly.

Respectfully,
Shawn Musgrave

From: Shawn Musgrave

Hello -

Please advise immediately as to the status of this request and appeal to the Supervisor. Again, my request has not been fulfilled.

Respectfully,
Shawn Musgrave

From: Shorey, Stephen (SEC)

Mr. Musgrave,

I can inform you this appeal is in the final stages of review with this office.
Best,
Stephen

Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914

From: Boston Police Department

A letter stating that the request appeal has been succesful.

From: Shawn Musgrave

Hello -

I have heard nothing further on this request since SPR's subsequent upholding of my appeal. Please advise as to the status of BPD's processing of this request.

Respectfully,
Shawn Musgrave

From: Katherine Hoffman

Good afternoon Mr. Musgrave,

As ordered by the Public Records Division on December 23, 2015 over the
Department's objection, enclosed please find the Department's response and
the responsive documentation to your public records appeal (SPR 15-787).

Sincerely,

Katherine Sarmini Hoffman

From: Shawn Musgrave

Hello -

Thank you for sending this document, which was already released by BPD to another requester.

As I've indicated a few times below, BPD has not responded to the bulk of my request. My request is for a number of other records beside the NDA, including procurement/acquisitions documents, policy documents and communications with the FBI. Please address these outstanding portions of the request.

Respectfully,
Shawn Musgrave

From: Katherine Hoffman

Good morning Mr. Musgrave,

I am in possession of the remainder of your request. I will look into it
with other staff members in my office, and I will be in touch shortly.

Thank you,
Katherine Sarmini Hoffman

From: Shawn Musgrave

Ms. Hoffman -

Thank you. I look forward to your response.

Best,
Shawn Musgrave
NECIR

From: Shawn Musgrave

Ms. Hoffman -

Has there been any update on the remaining portions of my request?

Best,
Shawn

From: Shawn Musgrave

Hi Katherine -

Any update on this?

Best,
Shawn

From: Katherine Hoffman

Good afternoon,

I intend to schedule a meeting with others members of the Department in the
very near future to discuss the remainder of your request. I will be in
touch after the meeting.

Thank you,
Kate

From: Shawn Musgrave

Hi Kate -

Thanks for the update. Have a great weekend.

Best,
Shawn

From: Shawn Musgrave

Hi Kate -

Any word as to when the meeting will be?

Best,
Shawn

From: Katherine Hoffman

Good morning,

Lieutenant Michael McCarthy will be handling this matter from here on out,
so you can direct any inquiries to his attention.

Thank you,
Kate

From: Puccini, Angela M (SEC)

Mr. Musgrave,

I am writing in regards to your above mentioned appeal. In speaking with the City of Boston Office of the Legal Advisor, I have been informed that they intend to respond by the end of the week. If you are unsatisfied or feel they have failed to comply with this order please be advised all you need do to further our involvement to assist you is email us at PRE@SEC.STATE.MA.US<mailto:PRE@SEC.STATE.MA.US> Please include in the subject line the appeal number and your last name in addition to the phrase "Request for further assistance" Please also indicate in what way, in your view, they have failed to comply with our order and that you are seeking further assistance from our office. Please note that this allows us to continue to work on the item and that we will continue to review compliance as we have following the order's ten day deadline.

Please also note you can contact us at any time with any questions or need for assistance either by phone or from the PRE email address.

Most sincerely,

Angela M. Puccini, Esq.
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law: http://www.sec.state.ma.us/pre/prepdf/guide.pdf

From: Katherine Hoffman

Good afternoon,

Attached please find the Department's response and accompanying partial
production of documents. If you have any questions about the information
contained herein or would like a status on the remaining portion of the
request, please do not hesitate to contact Lieutenant Detective McCarthy or
myself.

Thank you,
Kate Hoffman

From: Shawn Musgrave

Ms. Hoffman -

Thank you for sending the latest batch of documents.

Has the BPD signed a nondisclosure agreement with Harris Corp., and does that document fall within the "Terms and Conditions" that your office has withheld?

Additionally, do you have a sense for when the rest of the documents will be released.

Best,
Shawn

From: Shawn Musgrave

Hi Kate -

Checking on the below.

Thanks,
Shawn

From: Katherine Hoffman

Good afternoon Shawn,

I intend to make another partial production of documents this Monday,
February 29. Because of the large number of pages, I am unable to send the
documents as an email attachment. Accordingly, it is my plan to mail the
documents to you. Would you like me to mail the documents to the PO Box
address included in my previous correspondence?

Thank you and have a good weekend,
Kate

From: Shawn Musgrave

Hi Kate -

Thanks so much for the update. Yes, go ahead and mail to the MuckRock PO box.

Will one of these documents be a nondisclosure that the BPD signed with Harris Corporation? To be clear, this is distinct from the NDA signed between the BPD and the FBI to acquire Harris Corp. equipment. It is my understanding that the Harris Corp. requires law enforcement to sign a separate NDA.

Best,
Shawn

From: Boston Police Department

A cover letter granting the request and outlining any exempted materials, if any.

From: Boston Police Department

A first set of responsive documents from the agency, with more to be sent at a specified date.

From: Shawn Musgrave

Hi Kate -

I hope you had a great weekend. Please confirm that documents were put in the mail today, as planned.

Best,
Shawn

From: Katherine Hoffman

Good morning,

That is correct- the documents were mailed yesterday.

Kate

From: Shawn Musgrave

Hi Kate -

Great. Was the NDA with Harris Corp. included with those documents?

Thanks,
Shawn

From: Katherine Hoffman

Good afternoon Shawn,

It is not. Per your follow up request, a comprehensive search was conducted
to locate any nondisclosure agreements between the Department and Harris
Corporation and no responsive documentation was located.

Thank you,
Kate

From: Katherine Hoffman

Good afternoon Mr. Musgrave,

Attached please find the Boston Police Department's responses to the
questions you posed to the Mayor's Office via email on April 4. Also
enclosed please find the remaining responsive, public records in the
possession, custody, or control of the Department.

Thank you,
Kate Hoffman

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