Contracts and Policies Regarding IMSI Catchers (Maine State Police)

Curtis Waltman filed this request with the Maine State Police of Maine.
Status
Rejected

Communications

From: Curtis Waltman

To Whom It May Concern:

Pursuant to the Maine Freedom of Access Act ("FOAA"), 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

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,

Curtis Waltman

From: Parr, Christopher

Dear Mr. Waltman:

This email is sent to acknowledge the Maine State Police’s receipt of your Freedom of Access Act (“FOAA”) request below.

We will respond further soon. Please note, however, that access to what, if any, records we have that are responsive to your request that by law are confidential or otherwise not publicly accessible records, will be denied.

Respectfully, C

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE
(e) christopher.parr@maine.gov<mailto:christopher.parr@maine.gov>

DEPARTMENT OF PUBLIC SAFETY
MAINE STATE POLICE
45 COMMERCE DRIVE, SUITE 1
AUGUSTA, ME 04333-0042

[cid:image003.png@01D2337A.A1464790]

This e-mail, and any attachments thereto, may contain information that is confidential by law and/or information that is protected by attorney-client privilege. 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: Parr, Christopher

Dear Ms. Waltman:

This email further responds to your FOAA request, which appears below.

Our agency cannot confirm the existence or nonexistence of what, if any, intelligence and investigative record information we have that is responsive to your FOAA request. See 1 M.R.S. § 402(3)(A). See also 16 M.R.S. §§ 803(7), 807.

Respectfully, C

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE
(e) christopher.parr@maine.gov<mailto:christopher.parr@maine.gov>

DEPARTMENT OF PUBLIC SAFETY
MAINE STATE POLICE
45 COMMERCE DRIVE, SUITE 1
AUGUSTA, ME 04333-0042

[cid:image004.png@01D2337E.AA491DA0]

This e-mail, and any attachments thereto, may contain information that is confidential by law and/or information that is protected by attorney-client privilege. 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: Curtis Waltman

The exemptions used by Maine State Police are not relevant to this request. While some measures, like redaction, should be taken by a Police Department to protect personal information or investigation methods, to neither confirm nor deny the existence of cell site simulators in the use of Maine State Police is a violation of this law. Neither confirming nor denying should only be used in the most serious of cases that represent a great threat to the security of the state if even the knowledge of such operations or devices got out. Judging by how many other law enforcement agencies have responded to the same request sent to Maine State Police, this is not the case. The knowledge of the use of cell site simulators only helps to inform the public about a controversial and expensive device that they have a right to know exists in their state. Any contracts or policies that are responsive to my request should be produced, as they have been by many law enforcement agencies nationwide. I am providing links below to a few of my requests that were granted by Police Departments in many cases much larger than Maine State Police.

Chicago Police Department:
https://www.muckrock.com/foi/chicago-169/contracts-and-policies-regarding-imsi-catchers-chicago-police-department-29546/

San Jose Police Department:
https://www.muckrock.com/foi/san-jose-336/contracts-and-policies-regarding-imsi-catchers-san-jose-police-department-29587/

Ventura County Sheriff's Department:
https://www.muckrock.com/foi/ventura-county-120/contracts-and-policies-regarding-imsi-catchers-ventura-county-sheriffs-department-30396/

Virginia State Police:
https://www.muckrock.com/foi/virginia-128/contracts-and-policies-regarding-imsi-catchers-virginia-state-police-29935/

Boston Police Department:
https://www.muckrock.com/foi/boston-3/policies-procedures-figures-and-contracts-concerning-imsi-catchers-boston-police-department-29277/

Rochester Police Department:
https://www.muckrock.com/foi/rochester-22535/contracts-and-policies-regarding-imsi-catchers-29775/

California Department of Justice:
https://www.muckrock.com/foi/california-52/contracts-and-policies-regarding-imsi-catchers-29793/

Please let us know if there is another destination to which we should send this appeal.

From: Parr, Christopher

To Whom It May Concern:

We stand by our response of 31 October 2016.

Respectfully, C

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE
(e) christopher.parr@maine.gov<mailto:christopher.parr@maine.gov>

DEPARTMENT OF PUBLIC SAFETY
MAINE STATE POLICE
45 COMMERCE DRIVE, SUITE 1
AUGUSTA, ME 04333-0042

[cid:image003.png@01D25520.59A00760]

This e-mail, and any attachments thereto, may contain information that is confidential by law and/or information that is protected by attorney-client privilege. 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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