Nondisclosure agreements with Harris Corp and FBI (Gwinnett County Police)
| Submitted | Nov. 6, 2014 |
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Communications
From: Phil Mocek
To Whom It May Concern:
In a [November 5, 2014, report], Brendan Keefe of WXIA-TV wrote, "[Gwinnett County District Attorney Danny Porter] told [WXIA reporters] that a confidentiality agreement with Harris Corporation, the manufacturer of the Stingray, prohibits him and his assistant prosecutors from revealing the existence of the fake cell towers, even in a court of law. `Because of contractual obligations as well as certain other legal obligations,' Porter said, `the disclosure of the existence of that cell tower emulator for location purposes is forbidden.'"
Pursuant to the Georgia Open Records Act, I hereby request the following records:
All confidentiality and non-disclosure agreements with Harris Corporation, those with Federal Bureau of Investigations (FBI), and all written communications (e.g., letters, notes, memoranda, e-mail messages, etc.) about those agreements.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. 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.
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 3 business days, as the statute requires.
Sincerely,
Phil Mocek
From:
Danny Porter is the Gwinnett County District Attorney, and is not a part of the Gwinnett County Police Department. Any agreements between the Gwinnett district attorney’s office, the FBI, and Harris Corporation will have to be requested from those entities. The office to which you sent this request is a part of the Gwinnett County Police Department.
If it was your intent to make this request of the Gwinnett County Police Department, please let me know.
Cpl. Jake Smith #976
Gwinnett County Police Department
Public Information Officer
SWAT / CNT
Media Line – 770-513-5209
pdpio@gwinnettcounty.com<mailto:pdpio@gwinnettcounty.com>
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~WRD000
From: Phil Mocek
Mr. Smith:
I received your e-mail of November 10. In it, you asked if my intent was to make a request of Gwinnett County Police Department. Yes, that was my intent.
Cordially,
Phil Mocek
From:
The FBI and other agencies have restricted disclosure of current or prospective manufacturers and models of their cell site simulator equipment so as to deny potential adversaries an easy first step in developing and deploying countermeasures specifically designed for the disclosed equipment. Publicizing the nondisclosure agreement (NDA) would provide valuable lead information for criminals and terrorists. Disclosure of these NDAs also contributes to a regional or national picture of cell site simulator availability, creating a public safety landscape that would aid criminal or terrorist targeting efforts.
The federal government passed Section 892 of the Homeland Security Act, which contains a provision which preempts state access laws in instances where federal homeland security information is shared with state and local governments. See 6 U.S.C. § 482(e). Homeland security information is defined to include information that relates to the threat of terrorist activity. See 6 U.S.C. § 482(f)(1). The same cell site simulator technology employed in criminal cases is used in counterterrorism investigations. The compromise of this investigative tool by release of this information could have a significant detrimental impact on criminal and national security investigations. For these reasons, the request is denied in its entirety.
Cpl. Jake Smith #976
Gwinnett County Police Department
Public Information Officer
SWAT / CNT
Media Line – 770-513-5209
pdpio@gwinnettcounty.com<mailto:pdpio@gwinnettcounty.com>
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~WRD000