Sheriff comms with ACLU-WA about biometric identifier systems

Phil Mocek filed this request with the King County Sheriff's Office of King County, WA.
Tracking #

P024003-080618

Due Oct. 12, 2018
Est. Completion Jan. 4, 2019
Status
Awaiting Response

Communications

From: Phil Mocek

To Whom It May Concern:

In a story published August 3, 2018, about a tax levy that would fund an automated fingerprint identification system ("Property Tax Levy for Law Enforcement Fingerprinting System Could Lead to Facial Recognition," <https://www.seattleweekly.com/news/property-tax-levy-for-law-enforcement-fingerprinting-software-could-lead-to-facial-recognition/>), Josh Kelety of Seattle Weekly reported that the King County plans to purchase a new AFIS system that is capable also of performing face recognition and that King County Sheriff Mitzi Johanknecht "said at Thursday’s press conference that her office has `spent a lot of time talking with the ACLU and discussing this with their technology expert'."

Pursuant to the Washington Public Records Act, I hereby request all records of the communication between the sheriff's office and ACLU to which Ms. Johanknecht referred at her press conference on Thursday, August 2, 2018, when she said that her office had spent "a lot of time" discussing AFIS and face recognition with ACLU staff.

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 5 business days, as the statute requires.

Sincerely,

Phil Mocek

From: King County Sheriff's Office

Dear Phil:

Thank you for your interest in obtaining public records held by the King County Sheriff’s Office. Your request has been received and is being processed. Your request was received in this office on August 06, 2018 and given the reference number P024003-080618 for tracking purposes.

Within five business days (excluding holidays) after receiving your request, we will:
* Provide the record(s);
* Or Acknowledge your request and give you a reasonable estimate of how long it will take to respond;
* Or Deny the request in writing, stating the reasons for the denial (this could also include a denial of part of your request and a granting of the remainder).
Record(s) Requested: To Whom It May Concern:In a story published August 3, 2018, about a tax levy that would fund an automated fingerprint identification system ("Property Tax Levy for Law Enforcement Fingerprinting System Could Lead to Facial Recognition," ), Josh Kelety of Seattle Weekly reported that the King County plans to purchase a new AFIS system that is capable also of performing face recognition and that King County Sheriff Mitzi Johanknecht "said at Thursday’s press conference that her office has `spent a lot of time talking with the ACLU and discussing this with their technology expert'."Pursuant to the Washington Public Records Act, I hereby request all records of the communication between the sheriff's office and ACLU to which Ms. Johanknecht referred at her press conference on Thursday, August 2, 2018, when she said that her office had spent "a lot of time" discussing AFIS and face recognition with ACLU staff.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 5 business days, as the statute requires.Sincerely,Phil MocekFiled via MuckRock.comE-mail (Preferred): 59044-12567229@requests.muckrock.comUpload documents directly: https://www.muckrock.com/accounts/agency_login/king-county-sheriffs-office-2399/sheriff-comms-with-aclu-wa-about-biometric-identifier-systems-59044/?email=KCSOlegal%40kingcounty.gov&uuid-login=73bbcb00-d3eb-493d-b211-73137f32f77d#agency-replyIs this email coming to the wrong contact? Something else wrong? Use the above link to let us know.For mailed responses, please address (see note):MuckRock NewsDEPT MR 59044411A Highland AveSomerville, MA 02144-2516PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

Once the records have been collected, we will notify you of any copying charges. Any records or portion of records that are exempt from disclosure will be withheld or redacted. We will specify the exemption that applies to any documents withheld or redactions made.

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 King County Sheriff’s Office online request system.

King County Sheriff’s Office | Public Disclosure Unit
(206) 263-2103 | www.kingcounty.gov/sheriff (http://www.kingcounty.gov/sheriff)
If you wish to track or respond to this request, please login to the
Online Request System. (https://KCSO.mycusthelp.com/webapp/_rs/RequestEdit.aspx?rid=24003&coid=)

From: King County Sheriff's Office

--- Please respond above this line ---
Subject: Public Disclosure Request Reference# P024003-080618 Dear Phil, Thank you for your request made via the King County Sheriff’s Office (KCSO) on August 06, 2018. You requested: (%5bREQUEST_VIEW_HREF%5d) Online Request System “To Whom It May Concern: In a story published August 3, 2018, about a tax levy that would fund an automated fingerprint identification system ("Property Tax Levy for Law Enforcement Fingerprinting System Could Lead to Facial Recognition," <https:>), Josh Kelety of Seattle Weekly reported that the King County plans to purchase a new AFIS system that is capable also of performing face recognition and that King County Sheriff Mitzi Johanknecht "said at Thursday’s press conference that her office has `spent a lot of time talking with the ACLU and discussing this with their technology expert'."
Pursuant to the Washington Public Records Act, I hereby request all records of the communication between the sheriff's office and ACLU to which Ms. Johanknecht referred at her press conference on Thursday, August 2, 2018, when she said that her office had spent "a lot of time" discussing AFIS and face recognition with ACLU staff.
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 5 business days, as the statute requires.
Sincerely,
Phil Mocek
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/accounts/agency_login/king-county-sheriffs-office-2399/sheriff-comms-with-aclu-wa-about-biometric-identifier-systems-59044/?email=KCSOlegal%40kingcounty.gov&uuid-login=73bbcb00-d3eb-493d-b211-73137f32f77d#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 59044
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.”</https:>
The KCSO is experiencing a high volume of open requests, exceeding 600; of which 477 came in prior to your request. Under the Public Records Act, a requester must ask for “identifiable public records” before an agency is required to respond.  Reference RCW 42.56.080. Your request for communications regarding communications “a lot of time discussing AFIS and face recognition with ACLU staff” is not entirely a request for identifiable records. Therefore, we will be responding to your request based on our interpretation of your request and identifiable search terms described below: We have interpreted your request as one for all communications between Sheriff Johanknecht and the ACLU regarding AFIS and Facial Recognition. Using the date range of January 1, 2018 to August 6, 2018, we will perform a search of Sheriff’s Johanknecht’s email account, including calendar events, using the following search terms: “AFIS” OR “Face Recognition” OR “Facial Recognition” OR “ACLU”. In addition, we will check with the Sheriff directly to determine if there are any other records that may be responsive to your request. If you do not agree with our interpretation of your request and the search terms described above, please let us know by September 13, 2018. If we don’t hear from you and depending upon the results of our email search using the search terms outlined above, we may be responding to your request through a series of installments. You can expect a first installment of responsive records by October 12, 2018. If we are unable to meet this self-imposed deadline, we will let you know. If we are able to provide a response sooner, we will certainly do so. Please reply to this message or log in to the Online Request System if you have any questions or would like to clarify or cancel this request. Sincerely, MITZI JOHANKNECHT, King County Sheriff
Kimberly Petty | Public Disclosure Program Manager | Sheriff's Administration 206.263.2630 | www.kingcounty.gov/sheriff
If you wish to track or respond to this request, please login to the
Online Request System. (https://KCSO.mycusthelp.com/webapp/_rs/RequestEdit.aspx?rid=24003&coid=)

From: King County Sheriff's Office

--- Please respond above this line ---
Subject: Public Disclosure Request Reference# P024003-080618 Dear Phil, Thank you, again, for your request made via the King County Sheriff’s Office (KCSO) Online Request System on August 06, 2018. You requested: “To Whom It May Concern: In a story published August 3, 2018, about a tax levy that would fund an automated fingerprint identification system ("Property Tax Levy for Law Enforcement Fingerprinting System Could Lead to Facial Recognition," <https:>), Josh Kelety of Seattle Weekly reported that the King County plans to purchase a new AFIS system that is capable also of performing face recognition and that King County Sheriff Mitzi Johanknecht "said at Thursday’s press conference that her office has `spent a lot of time talking with the ACLU and discussing this with their technology expert'."
Pursuant to the Washington Public Records Act, I hereby request all records of the communication between the sheriff's office and ACLU to which Ms. Johanknecht referred at her press conference on Thursday, August 2, 2018, when she said that her office had spent "a lot of time" discussing AFIS and face recognition with ACLU staff.
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 5 business days, as the statute requires.
Sincerely,
Phil Mocek
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/accounts/agency_login/king-county-sheriffs-office-2399/sheriff-comms-with-aclu-wa-about-biometric-identifier-systems-59044/?email=KCSOlegal%40kingcounty.gov&uuid-login=73bbcb00-d3eb-493d-b211-73137f32f77d#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 59044
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.”</https:>
The KCSO Public Disclosure Unit has searched with multiple record holders as well as performed email searches of those individuals' email boxes who would most likely have records responsive to your request. This includes the Sheriff, AFIS management and the Technical Services Division Chief. Our first search was for the date range of 01/01/2018 - 08/02/2018. If you want records prior to this, please provide the date range of records you are seeking before our next installment. From communication with record holders, we have determined that most of the communications took place in person. However, our email search resulted in three (3) responsive emails. We are continuing to work directly with record holders to determine if other communications exist outside of email and expect to provide an update or installment to you by January 4, 2019. If we are unable to meet this self-imposed deadline, we will let you know. If we are able to provide a response sooner, we will certainly do so.
In the meantime, please log in to the Records Center at the following link to retrieve the 1st installment:
Public Records Request - P024003-080618 Once you log in and go to your request, you will find the uploaded records in the "Files" section.
Please reply to this message or log in to the Online Request System if you have any questions or would like to clarify or cancel this request. Sincerely, MITZI JOHANKNECHT, King County Sheriff Kimberly Petty | Public Disclosure Program Manager | Sheriff's Administration 206.263.2630 | www.kingcounty.gov/sheriff
If you wish to track or respond to this request, please login to the
Online Request System. (https://KCSO.mycusthelp.com/webapp/_rs/RequestEdit.aspx?rid=24003&coid=)

From: Phil Mocek

Dear Sir or Madam:

Again: Please send the records I requested via e-mail attachment if possible or postal mail on CDROM if not. The law does not require a requester to "log in" to your workflow management system, navigate about it, and cause it to send records. If that was the case, the public would need to learn as many records management systems as their are public agencies, an absurd proposition. We have available multiple communications channels that have served us well for decades. How you process requests is your business. How you communicate them to the public is ours.

Cordially,
Phil Mocek

From: King County Sheriff's Office

Dear Mr. Mocek,

Thank you for your letter received in our office on November 13, 2018.

As previously communicated to you on October 11, 2018, the KCSO Public Disclosure Unit has searched with multiple record holders as well as performed email searches of those individuals' email boxes who would most likely have records responsive to your request. This includes the Sheriff, AFIS management and the Technical Services Division Chief. Our email search was for the date range of 01/01/2018 - 08/02/2018, which we determined responsive based on communication with record holders. In addition, we also learned that most of the communications took place in person or over the phone. However, our MS Outlook email search resulted in three (3) responsive emails.

We are continuing to work directly with record holders to determine if other communications exist outside of email and expect to provide an update or installment to you by January 4, 2019. If we are unable to meet this self-imposed deadline, we will let you know. If we are able to provide a response sooner, we will certainly do so.

In the meantime, those three emails are attached and were provided to you as a first installment on October 11, 2018.

Kimberly Petty | Public Disclosure Program Manager | Sheriff's Administration - Legal Unit
[cid:image001.jpg@01C98B9C.B8A722D0][cid:image004.png@01D47CAE.8074A9B0]
' 206.263.2630 |?206.247.4362 | www.kingcounty.gov/sheriff

To make a request for records, please visit the King County Sheriff's Office website at:
http://www.kingcounty.gov/safety/sheriff/Services/PublicDisclosure/Online%20Requests.aspx

From: Phil Mocek

Dear Ms. Petty:

Thank you for the update on November 15. In your message, you reported that you and colleagues "learned that most of the communications took place in person or over the phone." To assist in your search, I note that one party likely included in these multiple discussions is ACLU of Washington's Technology and Liberty Project Director, Shankar Narayan.

These meetings, to which Ms. Johanknecht referred when she reported to the press on August 2, 2018, that her office "spent a lot of time talking with the ACLU and discussing this with their technology expert," whether held in person or on the telephone, were likely not of the walk-in or cold-call sort, so I expect that King County Sheriff's Office staff who spent lots of time talking with ACLU and discussing biometric identification systems had the events during which that voluminous communication occurred scheduled on their calendars. With electronic calendaring that is common nowadays, exporting those records would be as simple as selecting the calendar, issuing an "export" command, and providing a filename. If filtering for relevant events is complicated or unduly burdensome, I am happy to receive those records in their entirety (i.e., entire calendars exported to standard ICS files) with notes indicating where to look to find the relevant meeting or phone call events. Additionally, it is likely that e-mail-based invitations to said meetings and/or phone calls were likely sent, possibly in an automated fashion from the organizer's or scheduler's calendar software to that of invitees.

I filed my request just four days after Ms. Johanknecht made the aforementioned statement to the press, so I trust that these records had not yet been purged, and that if employees reported having inadvertently destroyed them, then the backups were promptly retained. I suspect that Ms. Johanknecht will be helpful in locating records of this discussion, as their absence would serve to the public as strong indication that she said misleading or untruthful things at the press conference in order to allay concerns about the county's plans to purchase a system which is highly invasive to people's privacy.

Cordially,
Phil Mocek

From: King County Sheriff's Office

Good afternoon!

Attached you will find the 2nd installment of records (2 items) located in response to your request. We are still checking with potential record holders and running eDiscovery email searches to determine whether other records exist. We anticipate an update by March 29, 2019. If we are unable to meet this self-imposed deadline, we will let you know. If we can provide an update sooner, we will certainly do so.

Thank you!

Kimberly Petty | Public Disclosure Program Manager | Sheriff’s Administration - Legal Unit
[cid:image001.jpg@01C98B9C.B8A722D0][cid:image006.png@01D48E4D.97AFBDD0]
' 206.263.2630 |È206.247.4362 | www.kingcounty.gov/sheriff

To make a request for records, please visit the King County Sheriff’s Office website at:
http://www.kingcounty.gov/safety/sheriff/Services/PublicDisclosure/Online%20Requests.aspx

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