Contracts and Policies Regarding IMSI Catchers (Indiana State Police)

To Whom It May Concern:

Pursuant to the Indiana Access to Public Records Act, I hereby request the following records:

Documents concerning IMSI catchers or any of the following words: "Stingray", "cell site simulator", or "dirtbox". including:
-Contracts with the Harris Corporation regarding the acquisition of their Stingray or KingFish IMSI catchers
-Department policies and procedure regarding the use of IMSI catcher technology
-policies and procedures on the keeping of statistics about the Department's use and acquisition of IMSI catchers

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 7 business days, as the statute requires.

Sincerely,

Curtis Waltman

To whom it may concern,
In attempting to appeal the decision the Indiana State Police gave me concerning my request for contracts and policies for cell site simulators such as Stingrays, KingFish, DRTboxes,
etc., I realized Indiana does not have a binding administrative appeal process. However, I am writing to you for any advice you may have for me on getting the documents I seek released. I am a reporter for MuckRock News and this request was made in the interest of the public. I would so much appreciate your help in releasing these documents. I have attached below the original appeal I had drafted to be sent to the Indiana State Police. Thank you for your time!
Best,
Curtis Waltman

This is an appeal of the Indiana State Police's decision to withhold a purchase contract I had asked for in a request I made regarding cell site simulator policy and contracts. A simple purchase contract could not do what the Indiana State Police have claimed, that disclosure could "threaten public safety by exposing or disclosing detailed information related the functioning and capabilities of equipment and programs the Department possesses to prevent, mitigate, or respond to an act of terrorism under Ind. Code 35-47-12-1. " This has not been the case for tens of police departments around the country which have answered my requests without redaction and without withholding purchase contracts. Here are just a few examples of department's granting my request in the last month alone:
San Jose: https://www.muckrock.com/foi/san-jose-336/contracts-and-policies-regarding-imsi-catchers-san-jose-police-department-29587/#files
Boston: https://www.muckrock.com/foi/boston-3/policies-procedures-figures-and-contracts-concerning-imsi-catchers-boston-police-department-29277/
Illinois State police: https://www.muckrock.com/foi/illinois-168/contracts-and-policies-regarding-imsi-catchers-illinois-state-police-29688/
Virginia State Police: https://www.muckrock.com/foi/virginia-128/contracts-and-policies-regarding-imsi-catchers-virginia-state-police-29935/
Release of such basic information as a purchase contract could not compromise this device so gravely that disclosure would be necessary. As of yet there are no ways to effectively block a cell site simulator from accessing a phone, and it is very difficult to even ascertain if one's phone is being monitored by one of these devices. The issues at stake are the privacy of citizens, and potential civil liberties violations if this equipment is not held to rigorous standards of operation. Because of the gravity of the questions that these devices pose, and the remarkable secrecy surrounding law enforcement use of them, an informed public must be privy to such basic information as policy and purchase contracts if their government wishes to spend public money on purchasing them. To iterate further, I am not requesting for ISP documentation on how specifically they use cell site simulators or what their functions are. I am asking for how much money is spent on them, the contractual background and any policies that the department has regarding their use. I fully expect this decision to be overturned and the documents in question be disclosed, so they can be added to an important civic debate about the use of these devices, which far outweighs any law enforcement fears that a purchase contract could hopelessly compromise their ability to use a an extremely powerful and complicated piece of equipment.

To Whom It May Concern:

Please find attached a Formal Complaint against the Indiana State Police as a result of a public records request made to that department regarding its use of IMSI catchers; also attached is a copy of the single document provided. Please also find copied below a copy of that request and a drafted appeal. Please do let us know if more information is needed or if further conversation can help clarify this request.

Thanks so much for your time and help.

To Whom It May Concern:

Please find attached a Formal Complaint against the Indiana State Police as a result of a public records request made to that department regarding its use of IMSI catchers; also attached is a copy of the single document provided. Please also find copied below a copy of that request and a drafted appeal. Please do let us know if more information is needed or if further conversation can help clarify this request.

Thanks so much for your time and help.

This is an appeal of the Indiana State Police's decision to withhold a purchase contract I had asked for in a request I made regarding cell site simulator policy and contracts. A simple purchase contract could not do what the Indiana State Police have claimed, that disclosure could "threaten public safety by exposing or disclosing detailed information related the functioning and capabilities of equipment and programs the Department possesses to prevent, mitigate, or respond to an act of terrorism under Ind. Code 35-47-12-1. " This has not been the case for tens of police departments around the country which have answered my requests without redaction and without withholding purchase contracts. Here are just a few examples of department's granting my request in the last month alone:
San Jose: https://www.muckrock.com/foi/san-jose-336/contracts-and-policies-regarding-imsi-catchers-san-jose-police-department-29587/#files
Boston: https://www.muckrock.com/foi/boston-3/policies-procedures-figures-and-contracts-concerning-imsi-catchers-boston-police-department-29277/
Illinois State police: https://www.muckrock.com/foi/illinois-168/contracts-and-policies-regarding-imsi-catchers-illinois-state-police-29688/
Virginia State Police: https://www.muckrock.com/foi/virginia-128/contracts-and-policies-regarding-imsi-catchers-virginia-state-police-29935/
Release of such basic information as a purchase contract could not compromise this device so gravely that disclosure would be necessary. As of yet there are no ways to effectively block a cell site simulator from accessing a phone, and it is very difficult to even ascertain if one's phone is being monitored by one of these devices. The issues at stake are the privacy of citizens, and potential civil liberties violations if this equipment is not held to rigorous standards of operation. Because of the gravity of the questions that these devices pose, and the remarkable secrecy surrounding law enforcement use of them, an informed public must be privy to such basic information as policy and purchase contracts if their government wishes to spend public money on purchasing them. To iterate further, I am not requesting for ISP documentation on how specifically they use cell site simulators or what their functions are. I am asking for how much money is spent on them, the contractual background and any policies that the department has regarding their use. I fully expect this decision to be overturned and the documents in question be disclosed, so they can be added to an important civic debate about the use of these devices, which far outweighs any law enforcement fears that a purchase contract could hopelessly compromise their ability to use a an extremely powerful and complicated piece of equipment.

Confirmation of receipt would be greatly appreciated. Any additional copy of this complaint has also been faxed to your office.