Communications with contractor Netsential

To: Mr. Jacob Silverman at requests@muckrock.com<mailto:requests@muckrock.com>

Dear Mr. Silverman:

Good afternoon -

This email is sent to acknowledge our agency's receipt of your recent Freedom of Access Act ("FOAA") request for "[a]ll electronic communications, including emails, with Netsential" and "information about contracts Netsential has received to create and maintain websites" for our agencies such as ours.

At your convenience, would you please clarify what timeframe your request considers? For example, are you seeking such communications from the past 6 months? The past year? The past three years?

Thank you in advance. In the meantime, attached is the contract our agency has with Netsential.

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.

Dear Mr. Silverman:

Good afternoon -

This email further responds to your recent FOAA request for "[a]ll electronic communications, including emails, with Netsential" and "information about contracts Netsential has received to create and maintain websites" for fusion centers, such as the Maine Information and Analysis Center.

As you know, in response to an inquiry I sent to you, you narrowed the scope of the request to "the last three years, but if it would advance the process, I am happy to request communications for the past 6 months."

Even if the timeframe of the request were narrowed to the past six (6) months (i.e., from 01 February 2020 through 31 July 2020), a considerable number of emails would need to be reviewed.

Although I cannot yet provide a processing fee estimate, based on the volume of emails there are, I anticipate the total fee could exceed thirty dollars ($30).

Please note at this time that we would not disclose responsive records that relate to the Netsential database breach that occurred earlier this year, given that there is at least one pending criminal investigation relating to that breach. See 16 M.R.S.A. § 804(1). We also would not disclose records relating to our response to the database breach, including, but not limited to, "[r]ecords or information describing the architecture, design, access authentication, encryption or security of information technology infrastructure, systems and software." See 1 M.R.S.A. § 402(3)(M).

Many, if not possibly most or even all, of the responsive records that would be able to be disclosed would relate to routine communications between the vendor and the Maine Information & Analysis Center discussing such matters as the maintenance of the Netsential application used by the Center.

In view of the above information, at your convenience, would you kindly let me know if you would like our agency to move forward with the processing of the FOAA request?

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.

Dear Mr. Silverman:

Thank you for your email.

Just to clarify: The fee could exceed $30 (by how much, or if it even will, I am unable to say at this time).

Given that clarification, would you like our agency to proceed?

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.

Thank you. We will proceed with the processing of the request. At this time I estimate that the request will be able to be processed within 25 to 30 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.

Dear Mr. Silverman:

Good morning –

I regret to say I was too optimistic regarding the processing time estimate I previously provided regarding your FOAA request.

Our work on FOAA requests that were received prior to yours is taking longer than anticipated, so I now estimate that yours will be able to be processed within the next 30 to 50 business days.

If you wish at all to further narrow the scope of your request to make our ability to process it more efficient, please don’t hesitate to let me know.

Thank you, and 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.

Dear Mr. Silverman:

Good morning –

I regret to say I was too optimistic regarding the processing time estimate I previously provided regarding your FOAA request.

Our work on FOAA requests that were received prior to yours is taking longer than anticipated, so I now estimate that yours will be able to be processed within the next 30 to 50 business days.

If you wish at all to further narrow the scope of your request to make our ability to process it more efficient, please don’t hesitate to let me know.

Thank you, and 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.

Dear Mr. Silverman:

Good afternoon -

I am writing to let you know that, as of this writing, we have dedicated almost $30 of staff time toward our work on your recent FOAA request. See 1 M.R.S.A. § 408-A(8)(B).

We still have more work to do; the best estimate I can give at this time is 4 to 6 more hours. Again, that is just an estimate; more or less time may be required.

We will continue to work on the request; please don't hesitate to contact me regarding this matter.

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.

Good morning –

At this time I estimate we will be able to complete processing the request within the next 10 to 15 business days.

Please note that because of the pending criminal investigation relating to the Netsential data breach that occurred in June of this year, access to some records responsive to your request will not be provided until, at the soonest, that investigation is completed. See 16 M.R.S. § 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.
….

Dear Mr. Silverman:

Good morning -

Attached please find the records our agency is disclosing in response to your Maine Freedom of Access Act (FOAA) request of August of this year.

Per correspondence I previously sent to you, some records responsive to your request are not being disclosed in light of the pending criminal investigation that relates to the Netsential database breach that occurred in June. See 1 M.R.S. § 402(3)(A). See also generally 16 M.R.S. § 804, including inter alia sub-§ 1.

Some information in the attached records has been redacted pursuant to applicable Maine law. See 1 M.R.S. § 402(3)(A), (M), and (O). See also 16 M.R.S. § 804(1), (3), (7), and (8).

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.