Documents on Network Investigative Techniques (NITs) (Delaware State Police)

Joseph Cox filed this request with the Delaware State Police of Delaware.

It is a clone of this request.

Est. Completion None
Status
No Responsive Documents

Communications

From: Caitlin Russell

To Whom It May Concern:

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

Please note that although I'm making this request using a Massachusetts based website, I myself am a residnet of Delaware. If you need proof, please email me at jonathan@titanous.com.
### Background ###

US law enforcement agencies have previously purchased and deployed tools referred to as 'network investigative techniques', or NIT/NITs. The use of NITs has been widely covered in media reports: https://motherboard.vice.com/en_us/article/wnxbqw/unsealed-court-docs-show-fbi-used-malware-like-a-grenade
https://motherboard.vice.com/en_us/article/53d4n8/fbi-hacked-over-8000-computers-in-120-countries-based-on-one-warrant

My request concerns network investigative techniques.

### Request ###

I hereby request the following records:

- Any policy directives, guidance documents, memoranda, training materials, or similar records created on or after January 1, 2015, governing or concerning use of such tools by agents, employees, or partners.
- From January 1, 2015, to the present, annual records reflecting the total number of times such tools have been deployed in the jurisdiction of each field office, the numbers of deployments at the request of other agencies, and the number of times the technology is deployed in emergency circumstances.
- The number of times operations in which such tools have been deployed, including information about the field office deploying the tool and what type of criminal investigation those deployments were in aid of (i.e., money laundering, drug trafficking, etc).
- Records reflecting the number of times the agency has requested the assistance of other law enforcement agencies (including federal, state, local, and foreign) in deploying such tools.
- All applications submitted to state, federal and foreign courts since January 1, 2015, for orders or search warrants authorizing the use of such tools in investigations or operations (including investigations or operations as part of task forces or partnerships with other agencies), as well as any warrants or orders, denials of warrants or orders, and returns of warrants associated with those applications. If any responsive records are sealed, please provide the date, court, and docket number for each sealed document.

I request all cross-referenced records relevant to my inquiry, and I request a search of ELSUR records.

In order to help to determine my status to assess fees, you should know that I am a journalist writing for The Daily Beast and that this request is being made as part of news gathering.

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.

Sincerely,
Jonathan Rudenberg

From: Delaware State Police

Good Day -

This email is to acknowledge that your FOIA request was received by the Delaware Department of Safety and Homeland Security (DSHS). See full request below. Please note that FOIA allows access to "public records," unless the public record requested falls within one of the enumerated statutory exemptions. See 29 Del. C. §10002 (definition of "public record" and specific exemptions); 29 Del. C. § 10003 (setting forth FOIA request procedures). Your request has been sent for legal review. We will provide an update within 15 business days.

Thank you.

From: Delaware State Police

Your request is still under legal review. We will provide an update or the responsive records as soon as possible. Thank you.

From: Delaware State Police

The request has been rejected by the agency.

From: Delaware State Police

Good Day –

Your request is still under legal review. We will provide an update or the responsive records as soon as possible. Thank you.

From: Delaware State Police

A no responsive documents response.

From: Joseph Cox

Thank you for the response—appreciated.

From: Delaware State Police

A response was sent on May 11, 2018. This request is closed.

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