Clarification on Purchase of DJI Aeroscope G-8 Antennas

Dear Records Custodian,

Please be aware, this office has received an appeal relating to your entity's response to a request for public records. Attached are further details concerning this appeal. If you have any questions or wish to provide further information relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> or 617-727-2832.
Given that the Supervisor of Records must issue a determination within 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Most sincerely,
Joshua Stair
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law: https://www.sec.state.ma.us/pre/prepdf/guide.pdf
Review appeal determinations online: http://www.sec.state.ma.us/appealsweb/appealsstatus.aspx

Good Afternoon,

Please be aware, the Supervisor of Records has issued a determination relating to two (2) appeals in which you were involved. This determination is attached and also available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.

If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.

Kassandra Boylan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

Hello,

I am writing to provide you with the steps to further appeal any response subsequent to the determination letter issued for this matter. Once you receive a response you may further appeal it by sending an email to pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> with your appeal number, a copy of the response and what you take issue within the scope of the Public Records Law.

Please note that the custodian has until Monday, June 14th to provide you with a response, after which time, if you still have not received one, you may contact this office for further assistance in resolving this issue. Please be aware that this office has already preemptively reached out to the custodian regarding the status of the response and the availability of any responsive records for rolling production (to the extent this is applicable to your appeal) to help avoid a non-response to the determination letter.

Should you require no further assistance you may disregard this communication.

Most sincerely,
Joshua Stair
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law: https://www.sec.state.ma.us/pre/prepdf/guide.pdf
Review appeal determinations online: http://www.sec.state.ma.us/appealsweb/appealsstatus.aspx

Dear Mr. Hansen,

The Massachusetts Department of State Police ("Department") has received your follow up request to Use of Drone Monitoring Software by the Massachusetts State Police. Your request is as follows: "I looked up the RFR and PO for the purchase of the DJI Aeroscope G-8 Antennas and I am seeking clarification on the number of antenna's purchased by the department. The RFR stated that the the "price per each individual G-8 antenna is requested". However the quote from Gresco gives a price per "Aeroscope G-8 System". On their website Gresco says that the "G-8 incorporates a four-panel array of high gain directional antennas" and the DJI User guide for the G-8 says that each box comes with four antennas. I would like to know if the Massachusetts State Police purchased eight separate Aeroscope G-8 Antennas or if they purchased eight Aeroscope G-8 Antenna "systems" for a total of 32 separate Aeroscope G-8 Antennas since this is not clear in the RFR and submitted PO."

The Department considers your request as a submission pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law. In response to your request, the Department has provided you with the invoice and quote associated with the Department's purchase of the Aeroscope G-8 Systems. The Department redacted the serial numbers of the system pursuant to G.L. c. 4, §7, cl. 26(n), the security exemption of the Public Records Law, which exempts from disclosure records "including but not limited to blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the record custodian, subject to review by the supervisor of public records under subsection (b) of section 10 of chapter 66, is likely to jeopardize public safety." People for the Ethical Treatment of Animals, Inc. vs. Department of Agricultural Resources & another, 477 Mass. 280 (2017), addressed this exemption. In this decision, the Court laid out a two-prong analysis to determine if a record was properly withheld under this exemption. The first prong of analysis considers, "whether, and to what degree, the record sought resembles the records listed as examples in the statute" and the second prong of analysis requires "the factual and contextual support for the proposition that disclosure of the record is "likely to jeopardize public safety." PETA, 477 Mass. at 290.

The Department asserts that disclosing the serial numbers could lead to a member of the public being able to gain access to or hack the drone detection systems. As such, this could jeopardize public safety by eliminating a law enforcement tool that provides security, emergency preparedness, and threat and vulnerability assessments, throughout the Commonwealth. Disclosure could place members of the public in danger and provide criminals with information to strategize a plan of attack on persons and infrastructure within the Commonwealth. Therefore, in the reasonable judgment of the Department, disclosure of the serial number is likely to jeopardize public safety.

The Department redacted the email address and telephone number of an employee of Gresco, as a matter of personal privacy pursuant to G.L. c. 4, §7, cl. 26(c). Pursuant to the privacy exemption, the Department can withhold "personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy..."

Please be advised, that each G-8 antenna system has four antennas that is part of the system.

If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A.

Sincerely,

Keith A. Paquette
Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel:(508)-820-2348