BlueLeaks (Maine State Police)

Emma Best filed this request with the Maine State Police of Maine.
Multi Request BlueLeaks
Status
Rejected

Communications

From: Emma Best


To Whom It May Concern:

Pursuant to the Maine Freedom of Access Act, I hereby request the following records:

1. Documents mentioning, describing or generated in response to the BlueLeaks release, the preceding hack or subsequent fallout, including but not limited to:

* Damage assessments
* Emails
* Interagency communications (local, state, or federal)
* Communications with the press about BlueLeaks
* Communications with Twitter or other social media or sharing platforms

2. Documents mentioning or describing Distributed Denial of Secrets (DDoSecrets)

You may limit this request to records generated between November 1, 2018 and the present.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and the journalist non-profit MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by 1 M.R.S.A. § 408(6). 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 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,

Emma Best

From: Maine State Police

Dear Ms. Best:

This email is sent to acknowledge receipt of your FOAA request below.

Please note at this time that I expect that access to at least some records responsive to the request will need to be denied once records are searched for, ascertained, and reviewed. See 1 M.R.S.A. §§ 402(3)(A), 408-A(4).

Please also note that I anticipate that we will not be able to begin processing the request for at least 20 to 25 business days, given other FOAA and information requests on which we are currently working.

Finally, because I anticipate the total fee to process the FOAA request could exceed $30, please let me know if you would like our agency to process the request once we are able to begin to do so.

Thank you in advance.

Respectfully, C

Chris

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE

This e-mail, and any attachments thereto, may contain or constitute information that is confidential by law, that is work product, and/or that is protected by one or more recognized privileges. IF YOU THINK YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE CONTACT me WITH A REPLY E-MAIL at the earliest convenience. Thank you.

From: Emma Best

Why do you anticipate the cost will exceed $30?

From: Maine State Police

Thank you for your email.

The fee would relate to staff time-associated costs (under the FOAA, up to $15 per hour of staff time costs may be charged by government agencies and officials after an initial free hour of staff time).

Please note, however, that I stated that the fee could be more than $30; until the request is actually processed, the total fee will not be known.

If you like, our agency can eventually begin to process your request, and if it starts to like the associated staff time fee likely or indeed will be more than $30, I can let you know.

Would that work?

Respectfully, C

Chris

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE

This e-mail, and any attachments thereto, may contain or constitute information that is confidential by law, that is work product, and/or that is protected by one or more recognized privileges. IF YOU THINK YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE CONTACT me WITH A REPLY E-MAIL at the earliest convenience. Thank you.

From: Emma Best

That'd be wonderful, thank you so much!

From: Maine State Police

Thank you. I will plan to do so.

Have a great day.

Respectfully, C

Chris

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE

This e-mail, and any attachments thereto, may contain or constitute information that is confidential by law, that is work product, and/or that is protected by one or more recognized privileges. IF YOU THINK YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE CONTACT me WITH A REPLY E-MAIL at the earliest convenience. Thank you.

From: Maine State Police

Good morning –

At this time I estimate our agency will be able to process your request within the next 45 business days.

Respectfully, C

Chris

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE

This e-mail, and any attachments thereto, may contain or constitute information that is confidential by law, that is work product, and/or that is protected by one or more recognized privileges. IF YOU THINK YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE CONTACT me WITH A REPLY E-MAIL at the earliest convenience. Thank you.

From: Maine State Police

Good morning –

At this time I estimate we will be able to respond within the next 25 to 35 business days.

Respectfully, C

Chris

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE

This e-mail, and any attachments thereto, may contain or constitute information that is confidential by law, that is work product, and/or that is protected by one or more recognized privileges. IF YOU THINK YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE CONTACT me WITH A REPLY E-MAIL at the earliest convenience. Thank you.

From: Maine State Police

Good morning –

We responded to this request on 24 August 2020.

Respectfully, C

Chris

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE

This e-mail, and any attachments thereto, may contain or constitute information that is confidential by law, that is work product, and/or that is protected by one or more recognized privileges. IF YOU THINK YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE CONTACT me WITH A REPLY E-MAIL at the earliest convenience. Thank you.

From: Emma Best

"We responded to this request on 24 August 2020."

No, you did not. See https://www.muckrock.com/foi/maine-13/blueleaks-maine-state-police-96942/ for a complete record of messages sent and received relating to this request.

From: Maine State Police

Dear Ms. Best:

Good morning –

Please reference the attached 24 August 2020 response to your FOAA requests of 25 June 2020 and 10 August 2020.

To briefly elaborate on the attached email:

The Federal Bureau of Investigation (“FBI”) is currently investigating the database breach to which your requests relate – a breach that affected numerous law enforcement agencies across the country and resulted in the unlawful disclosure of sensitive, confidential law enforcement information and records. In light of that circumstance, there is a reasonable possibility that disclosure of records and information responsive to your requests at this time would compromise the FBI’s investigation, and what, if any, other pending law enforcement investigations there are relating to the database breach. See 16 M.R.S.A. § 804(1).

Respectfully, C

Chris

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE

This e-mail, and any attachments thereto, may contain or constitute information that is confidential by law, that is work product, and/or that is protected by one or more recognized privileges. IF YOU THINK YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE CONTACT me WITH A REPLY E-MAIL at the earliest convenience. Thank you.

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