BlueLeaks (Massachusetts State Police)

Emma North-Best filed this request with the Massachusetts State Police of Massachusetts .
Multi Request BlueLeaks
Due July 9, 2020
Est. Completion None
Status
Awaiting Response

Communications

From: Emma North-Best


To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, 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 the recommendations of the Massachusetts Supervisor of Public Records. 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.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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 10 business days, as the statute requires.

Sincerely,

Emma Best

From: Massachusetts State Police

Ms. Best,

The Department of State Police is in receipt of your request seeking: "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; and 2. Documents mentioning or describing Distributed Denial of Secrets (DDoSecrets)." The Department considers your request a submission under MGL c. 66, s. 10, the Public Records Law.
The Department has identified thirty-one (31) responsive emails. However, these emails and their content discuss and/or are the subject of an investigation into the "BlueLeaks" hack and subsequent release of information. In light of the active investigation, the documents you seek are not subject to public disclosure pursuant to G.L. c. 4, §7, cl. 26 (f). Massachusetts General Laws Chapter 4, §7 cl. 26(f) specifically exempts from public disclosure investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest. The policy considerations underlying the exemption are well settled. See, Bougas v. Chief of Police, 371 Mass. 59, 62 (1976)("the prevention of the disclosure of confidential investigative techniques, procedures, or sources of information, the encouragement of individual citizens to come forward and speak freely with police concerning matters under investigation, and the creation of initiative that police officers might be completely candid in recording their observations, hypotheses and interim conclusions"). The Department asserts that releasing documents that discuss and/or are related to an active investigation would not be in the public interest.
You may appeal the Department's response to this request in accordance with MGL c. 66, s. 10.
Siobhan E. Kelly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2337
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From: Emma North-Best

To clarify, you're stating there is an active investigation into the publication of the BlueLeaks information?

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