Use of IMSI Catchers During Protests That Occurred Between May 29th and June 16th 2020

Ethan Hansen filed this request with the Boston Police Department of Boston, MA.
Tracking #

B000885-061620

Status
Completed

Communications

From: Ethan Hansen


To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Documents pertaining to the use of IMSI Catchers (Stingrays, cell site simulators or dirtboxes) during the protests that occurred between May 29th and June 16th 2020. Examples of documents would include, but are not limited to, e-mails, reports, presentations and other communications related to the deployment or potential deployment of IMSI Catchers during the protests.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated 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 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 10 business days, as the statute requires.

Sincerely,

Ethan Hansen

From: Boston Police Department

Dear Ethan Hansen
Thank you for your interest in public records of Boston Police Department. Your request has been received and is being processed. Your request was received in this office on 6/16/2020 10:26:12 PM and given the reference number B000885-061620 for tracking purposes.
If this is a media request, please contact the Office of Media Relations directly at 617.343.4520.
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Documents pertaining to the use of IMSI Catchers (Stingrays, cell site simulators or dirtboxes) during the protests that occurred between May 29th and June 16th 2020. Examples of documents would include, but are not limited to, e-mails, reports, presentations and other communications related to the deployment or potential deployment of IMSI Catchers during the protests.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated 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 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 10 business days, as the statute requires.

Sincerely,

Ethan Hansen

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fboston-police-department-174%252Fuse-of-imsi-catchers-during-protests-that-occurred-between-may-29th-and-june-16th-2020-95931%252F%253Femail%253Dshawn.williams%252540boston.gov&url_auth_token=AAAj3SmFwCqGc-tMmfYbORz2o9M%3A1jlNio%3AjWa00MtOKG7YOlr4MmI_6pTv2pE
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Public Records Center.
Director, Public Information
Boston Police Department

From: Boston Police Department

--- Please respond above this line ---

Ethan,
Can you please provide keywords for this search? Is IMSI Catchers sufficient?
thanks

From: Ethan Hansen

Good evening,

The following keywords can be used for this search: IMSI Catcher(s), cell site simulator, Stingray, dirtbox.

Thanks,
Ethan

From: Boston Police Department

--- Please respond above this line ---




City of Boston
Mayor Martin J. Walsh
Public Records RE: PUBLIC RECORDS REQUEST of June 16, 2020., Reference # B000885-061620 Dear Ethan: The City of Boston (City) has received your request for public records.  This response applies only to records that exist and are in the custody of the City. See A Guide to the Massachusetts Public Records Law , p. 32, n.115.  It is expected that a custodian of records must use her superior knowledge of her records with respect to responses to public records requests.  950 CMR 32.04(5).  This letter petitions the Supervisor of Records to permit the City additional time to process your request and to provide an estimate of fees associated with your request. For purposes of the petition to the Supervisor of Records, please note that this request was filed online using the City's public records request portal. As such, there is no separate copy of the request other than the text provided below, which is taken verbatim from the requester. Further, for purposes of the petition please note the full name of the requester provided to the City is Ethan Hansen and the email address provided is requests@muckrock.com. Specifically, you stated: To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Documents pertaining to the use of IMSI Catchers (Stingrays, cell site simulators or dirtboxes) during the protests that occurred between May 29th and June 16th 2020. Examples of documents would include, but are not limited to, e-mails, reports, presentations and other communications related to the deployment or potential deployment of IMSI Catchers during the protests.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated 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 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 10 business days, as the statute requires. A search for records must be conducted to determine whether records exist that are responsive to your request. These records consist of documents in several areas of the Boston Police Department. Government records custodians are permitted to redact or withhold portions of public records, so long as a specific exemption to the law is cited. See G. L. c. 4, § 7 (26).  Portions of records responsive to your request may contain information that is exempt from disclosure.  Until a review of the records is conducted it is not clear what if any exemptions may apply to permit or require redaction or withholding. The public records law permits a “reasonable fee for the publication of a public record except those records that are freely available for public inspection.”  G. L. c. 66, § 10 (d).  I hereby petition the Supervisor to permit the City of Boston to assess a fee for the search, review, and segregation of records responsive to your request.  An estimate will be provided should the petition be granted by the Supervisor.
The public records law permits a fee of no more than $25.00 per hour to search for and segregate records.  G. L. c. 66, § 10 (d)(ii).  In a petition to the Supervisor for fees, a custodian may request an hourly rate in excess of $25.00.  G. L. c. 66, § 10 (d)(iii), (iv).  While the hourly rates of department personnel required to review the responsive records will likely exceed the $25.00 hourly rate, I do not petition the Supervisor here for an hourly rate that is in excess of $25.00 per hour.  The public records law permits a fee of $.05 per sheet for copies of public records.  As I intend to provide responsive public records in electronic form I do not intend to assess any fees for copies of records. I ask the Supervisor to permit the City to assess a fee for the provision of records responsive to your request.  Should the petition be approved, the City will produce a fee estimate and commence review of responsive records upon receipt of payment of fees made payable to the City of Boston. This letter also petitions the Supervisor to permit the City additional time needed to comply with your request.  The number of hours will be provided with the fee estimate should that petition be approved by the Supervisor.  I ask the Supervisor to permit the City the additional time it requires as will be determined in its fee estimate. I ask the Supervisor to grant the City of Boston’s petitions for additional time and fees with respect to your request for public records.  If this petition is approved, the City will provide a fee estimate and commence work upon receipt of payment. Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer

From: Boston Police Department

--- Please respond above this line ---

Ethan,
There are no records responsive to your reqeust. ISMI catchers were not utilized during the protests
Thank you.

From: Ethan Hansen

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Ethan Hansen

From: Boston Police Department

Hello,

Please be aware, the Supervisor of Records has issued a determination relating to a petition in which you were involved. This determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx<http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx>.

If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.

Thank you,

Jack Robertson
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

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