Cell site simulator documents (Fort Worth, TX Police Department)

Shawn Musgrave filed this request with the Fort Worth Police Department of Fort Worth, TX.

It is a clone of this request.

Tracking # W048281-123015
Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

A copy of all agreements, contracts, memos or emails between the Ft. Worth Police Department and the Harris Corporation.
A copy of all agreements, contracts, memos or emails between the Ft. Worth Police Department and the Boeing company.
A copy of all meeting minutes for meetings pertaining to cell site simulators, IMSI catchers, "Stingray" devices, "AmberJack" devices, "Hailstorm" devices, "Harpoon" devices" "DRTBox" devices or "KingFish" devices.
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.

1. 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

2. 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

3. 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

4. Records regarding policies and guidelines governing use of cell site simulators, including but not limited to :
a) when, where, how, and against whom they devices may and may not be used
b) logging, retention, purging, use, and auditing data stored in or communicated from the devices
c) under what circumstances administrative warrant, judicial warrant, or other legal process must, should, or should not be obtained prior to, during, or following direct or indirect use of the devices
d) under what circumstances the existence or use of the devices must, should, or should not be revealed to judges, prosecutors, defense attorneys, criminal defendants, or the general public
e) parallel construction techniques for use in avoidance of disclosure of the initial method of discovery of information gained initially by use of cell site simulators

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

7. Records reflecting the number of investigations in which cell site simulators were used, the number of those investigations that resulted in prosecutions, and the number of those investigations that resulted in convictions

8. The standard trap and trace/pen register application used to request authorization for use of cell site simulators in an investigation.

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 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 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Public Information

Dear Mr. Musgrave,

Please find attached the cost estimate letter associated with your public information request. Please select the option you would like us to proceed with, sign and return it to us so that we may continue processing your request.

Thank you,

Annette Henderson
Public Information Coordinator, City of Fort Worth
Records and Information Management Office
Phone: (817) 392-8184
Annette.Henderson@fortworthtexas.gov<mailto:Annette.Henderson@fortworthtexas.gov>

City of Fort Worth - Working together to build a strong community.
[cid:image011.jpg@01CF84CC.9B14F330]

From: Shawn Musgrave

Hello -

Thank you for sending the cost estimate. The bulk of the charges seem to stem from searching for and reviewing emails. Please advise as to the cost for all other documents beside emails.

Best,
Shawn Musgrave

From: Public Information

Mr. Musgrave,

There are no other costs associated for the remaining information that you requested. The cost estimate is only related to emails so please review the estimate form and select the option that you would like to us to proceed with so that we may continue processing your request.

Thank you,

Annette Henderson
Public Information Coordinator, City of Fort Worth
Records and Information Management Office
Phone: (817) 392-8184
Annette.Henderson@fortworthtexas.gov<mailto:Annette.Henderson@fortworthtexas.gov>

City of Fort Worth – Working together to build a strong community.
[cid:image011.jpg@01CF84CC.9B14F330]

From: Best, Wenona L.

Dear Mr. Musgrave:

Attached please find correspondence regarding your open records request referenced above.

Kind regards,

Wenona L. Best (Nona)
Assistant to Grant Jordan, Brandon Carr,
Richard McCracken, Will Trevino
and Open Records
Fort Worth City Attorney's Office
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
(817) 392-7605
(817) 392-8359 (fax)
My Office Hours: 7:30 am to 4:30 pm
wenona.best@fortworthtexas.gov<mailto:wenona.best@fortworthtexas.gov>
City of Fort Worth - Working together to build a strong community
[Fort Worth]

RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the City of Fort Worth City Attorney's Office (817) 392-7600.

From: Best, Wenona L.

Dear Mr. Musgrave:

Attached please find additional correspondence, and information regarding your open records request referenced above.

Kind regards,

Wenona L. Best (Nona)
Assistant to Grant Jordan, Brandon Carr,
Richard McCracken, Will Trevino
and Open Records
Fort Worth City Attorney's Office
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
(817) 392-7605
(817) 392-8359 (fax)
My Office Hours: 7:30 am to 4:30 pm
wenona.best@fortworthtexas.gov<mailto:wenona.best@fortworthtexas.gov>
City of Fort Worth - Working together to build a strong community
[Fort Worth]

RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the City of Fort Worth City Attorney's Office (817) 392-7600.

From: Best, Wenona L.

Dear Mr. Musgrave:

Attached please find additional correspondence regarding your open records request referenced above.

Kind regards,

Wenona L. Best (Nona)
Assistant to Grant Jordan, Brandon Carr,
Richard McCracken, Will Trevino
and Open Records
Fort Worth City Attorney's Office
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
(817) 392-7605
(817) 392-8359 (fax)
My Office Hours: 7:30 am to 4:30 pm
wenona.best@fortworthtexas.gov<mailto:wenona.best@fortworthtexas.gov>
City of Fort Worth - Working together to build a strong community
[Fort Worth]

RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the City of Fort Worth City Attorney's Office (817) 392-7600.

From: Fort Worth Police Department

An interim response, stating the request is being processed.

From: Best, Wenona L.

Good morning, Mr. Musgrave:

Your open records request with the City of Fort Worth dated 10/21/2015 was given request no. W046742. No. 594934 is the number the AG assigned for their purposes. That request was withdrawn for non-payment of costs. I have attached another copy of our rescission letter to the AG and our email to you, along with the AG’s response letter.

Kind regards,

Wenona L. Best (Nona)
Office of the City Attorney
wenona.best@fortworthtexas.gov
(817) 392-7605
(817) 392-8359 fax

From: Shawn Musgrave

Hello -

Apologies for my delay in responding. This fell through the cracks, and I apologize for any inconvenience on your part. Please narrow this request at this time to records for which there is no fee (per your response of November 3, "There are no other costs associated for the remaining information that you requested.").

I reserve the right to submit a further requests for emails pertaining to this topic in the future.

Thank you again for your help, and please let me know if I can provide any further information to assist in your provision of records.

Best,
Shawn Musgrave

From: Fort Worth Open Records Center

Dear Shawn Musgrave: Thank you for your interest in public records of the City of Fort Worth, Texas. Your request has been received and is being processed in accordance with Chapter 552 of Texas Government Code, the Public Information Act. Your request was received in this office and given the log number W048281-123015 for tracking purposes.

Records Requested: **See Attached Request**Requesting same information as in previous request no. W046742 Musgrave, S. except for emails.
Your request will be forwarded to the relevant City department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The Texas Public Information Act does not require a governmental body to create new information, to do legal research, or to answer questions.
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 Open Records Center. If you have questions about how your request was processed or if I can be of further assistance, please contact me at (817) 392-8184.
Annette Henderson
Public Information Coordinator
Click here to track the status of your request. (http://fortworthtexas.gov/records/view/)

From: Best, Wenona L.

Dear Mr. Musgrave:

Attached please find correspondence and information regarding your open records request referenced above.

Kind regards,

Wenona L. Best (Nona)
Assistant to Richard McCracken,
Will Trevino and Open Records
Fort Worth City Attorney's Office
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
(817) 392-7605
(817) 392-8359 (fax)
My Office Hours: 7:30 am to 4:30 pm
wenona.best@fortworthtexas.gov<mailto:wenona.best@fortworthtexas.gov>
City of Fort Worth - Working together to build a strong community
[Fort Worth]

RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the City of Fort Worth City Attorney's Office (817) 392-7600.

From: Best, Wenona L.

Good morning!

Attached please find another copy of my January 13, 2016 email with correspondence and information attached pertaining to your current open records request. The Texas Attorney General has 45 business days from their receipt of our brief to issue a ruling. A copy of the ruling will be sent to you via first class mail at the address your provided.

Kind regards,

Wenona L. Best (Nona)
Office of the City Attorney
wenona.best@fortworthtexas.gov
(817) 392-7605
(817) 392-8359 fax

From: Shawn Musgrave

Hi Nona -

Thanks so much! I'll follow up then.

Best,
Shawn

From: Best, Wenona L.

Yes, sir!

Wenona L. Best (Nona)
Office of the City Attorney
wenona.best@fortworthtexas.gov
(817) 392-7605
(817) 392-8359 fax

From: Best, Wenona L.

Good morning!

We have not yet received the Texas Attorney General’s ruling on your open records request. A copy will be mailed to the address you provided when the ruling is issued. See my response below, now highlighted.

Kind regards,

Wenona L. Best (Nona)
Office of the City Attorney
wenona.best@fortworthtexas.gov
(817) 392-7605
(817) 392-8359 fax

From: Fort Worth Police Department

An interim response, stating the request is being processed.

From: Best, Wenona L.

Dear Mr. Musgrave:

Attached please find additional correspondence and information regarding your open records request referenced above.

Kind regards,

Wenona L. Best (Nona)
Assistant to Richard McCracken,
Will Trevino and Open Records
Fort Worth City Attorney's Office
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
(817) 392-7605
(817) 392-8359 (fax)
My Office Hours: 7:30 am to 4:30 pm
wenona.best@fortworthtexas.gov<mailto:wenona.best@fortworthtexas.gov>
City of Fort Worth - Working together to build a strong community
[Fort Worth]

RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the City of Fort Worth City Attorney's Office (817) 392-7600.

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