Emails between Boston Police Department and National Security Agency

Evan Anderson filed this request with the Boston Police Department of Massachusetts.
Tracking # SPR17/067
Status
Completed

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Communications

From: Evan Anderson

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All email communications between the Boston Police Department and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014.

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 fees cannot be waived, 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 calendar days, as the statute requires.

Sincerely,

Evan Anderson

From: Media Relations

June 26, 2014

Evan Anderson

Muckrock

Dear Mr. Anderson:

Pursuant to G. L. c. 66, § 10 (b), this correspondence is to confirm
receipt of your request for documents that are potentially in the
possession, custody or control of the Boston Police Department.
Specifically, you have requested:

All email communications between the Boston Police Department and the
National Security Agency from September 1, 2011, to December 30, 2011;
April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014.

We will contact you as soon as possible with our findings, and will send
you a cost estimate for your requested materials if fulfilling the request
is expected to exceed $10.00, per 950 C.M.R. 32.06(1); 950 C.M.R. 32.03;
M.G.L. c 66 § 10(a).

Please be advised that we research each request in the order it was
received, and it may take longer than ten days to be fulfilled. If your
request requires a substantial amount of research, reviewing and redacting,
fulfilling the request will take a significant amount of time. Please plan
accordingly.

Thank you,

Office of Media Relations

Boston Police Department

617-343-3520
www.bpdnews.com

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: David Estrada

Hi Evan,

Sorry for the delay on this request. The emails have been compiled (not
yet redacted) and there are literally hundreds of them. Many of them
contain "Happy Birthday" emails that go back and forth between multiple
people. We are wondering if you are okay with us setting those emails
aside as it will take time (and expense) to go through them to redact them.

Thank you,

Office of Media Relations
Boston Police Department
617-343-4520
www.bpdnews.com

From: Evan Anderson

Hi Mr. Estrada,

I am okay with setting aside the "Happy Birthday" emails for now. I may, however, decide to request those in the future. Thank you for your help and please let me know if you need any further clarification or have any questions.

Sincerely,

Evan

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Evan Anderson

Mr. Estrada,

It has now been more than a month since you've updated me on this request, Please let me know when I can expect my request to be completed, and if you have any further questions do not hesitate to ask.

Best,

Evan

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Boston Police Department

On Oct. 23, 2014:
Evan Anderson
Muckrock
Dear Mr. Anderson:
Pursuant to G. L. c. 66, § 10 (b), this correspondence is to confirm
receipt of your request for documents that are potentially in the
possession, custody or control of the Boston Police Department.
Specifically, you have requested:
All email communications between the Boston Police Department and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014.

The records in the Department’s possession will be available to you upon
receipt of payment by check or money order in the amount of $402.50.
Upon receipt of payment in the amount specified, we will forward all
materials to you. Please make any checks payable to the City of Boston and
forward payment to the Office of the Media Relations, One Schroeder Plaza,
Boston, MA 02120 with a copy of this letter for reference.
Sincerely,
Office of Media Relations
Boston Police Department
**Cost based on:*
o Search, Review and Redaction Cost: 17.5 hours @ $15/hr
o Copy Cost: 700 pages @ .20 per page
Thank you,
Office of Media Relations
Boston Police Department
617-343-3520
www.bpdnews.com

From: MuckRock

Office of the Media Relations
One Schroeder Plaza
Boston, MA 02120

To Whom It May Concern:

Please find enclosed a check for $402.50 to satisfy the fee associated with the attached public records request.

Thank you very much.

From: MuckRock

Hello,

A check for $402.50 has been placed in the mail to fulfill the fee associated with this request.

Thank you very much for your help.

From: Evan Anderson

Hello,

When can I expect this request to be completed?

Thank you,

Evan

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Evan Anderson

Hello,

I am looking for an update on the status of this request, in addition to an estimated completion date.

Thank you and have a nice day.

Sincerely,
Evan

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Evan Anderson

Hello,

Please let me know when I can expect this request to be completed.

Thank you,
Evan

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Evan Anderson

Hello,

I am looking for an update on the status of this request, in addition to an estimated completion date.

Thank you and have a nice day.

Sincerely,
Evan

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Evan Anderson

Hi there,

Just an FYI - this request (more specifically, the significant delay) has garnered some media attention, and will continue to do so until the documents are sent to me. For example: https://digboston.com/broken-records-the-sun-dont-shine-in-massachusetts/

Sincerely,
Evan

From: Media Relations

Evan,
Please contact the Media Relations Office at (617) 343-4520 at your
earliest convenience.
Respectfully,
Officer Rachel McGuire
BPD Office of Media Relations

From: Media Relations

Evan,
Here is a breakdown of the refund:
The revised cost is $264.55:

Copy cost = 41 pages to be produced @ .05 per page = $2.05 (revised to
reflect lesser number of pages)
Search, review, and redaction cost = 17.5 hours @ $15/hour = $262.50 (this
is what was originally charged)

Accordingly, the Department is willing to reimburse you *$137.95*. You need
to complete a W-9 form and a City of Boston Vendor Information Form in
order to become a vendor which enables the City of Boston to pay you. Both
of those forms are available online at cityofboston.gov.

Respectfully,
Officer Rachel McGuire
BPD Office of Media Relations

From: Evan Anderson

Hi Ms. McGuire,

Thank you for taking the time to speak with me and for sending me the breakdown of the cost. I am not sure that I am satisfied with this turn of events, so please don't move forward with this quite yet. I will get back to you sometime soon with my decision on what to do here.

I appreciate your patience.

Sincerely,
Evan

From: Evan Anderson

Hi again,

Thank you again for speaking with me the other day. I have decided that first, I would like if you could provide me with the 41 pages that you mentioned. Second, I have decided that I would like to obtain the 500 pages that were deemed "irrelevant" to my request. Therefore, I am effectively modifying my request to the following:

All email communications between the Boston Police Department and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014. In addition, I am requesting any emails containing "NSA" or "National Security Agency" in the body or subject field during the same time frames mentioned above.

I am hoping that, rather than processing this as a new request, you can simply opt to review and redact (if necessary) the 500 pages of emails that were previously thought to be responsive to my request. This way, there is no need to refund the money as it can be put toward the cost of reviewing the remaining pages.

If you have any questions, please do not hesitate to ask.

Sincerely,
Evan

From: Media Relations

Evan,
Please, send us your phone number so that we may make some clarifications
on your new request.
Respectfully,
Officer McGuire

--
Office of Media Relations
Boston Police Headquarters
One Schroeder Plaza
Boston, MA 02120
(617) 343-4520

Please note the NEW Media Relations email is:
*mediarelations@pd.boston.gov <mediarelations@pd.boston.gov>*

From: Evan Anderson

Hi Ms. McGuire,

You may reach me at (413) 212-9500.

Thanks,
Evan

From: Evan Anderson

Hi Officer McGuire,

As per our recent correspondence a few weeks ago, please release the 41 pages you had stated would be provided to me. In regards to the revised version of my request, please correspond with me soon regarding how to move forward.

Thank you,
Evan

From: Evan Anderson

Hi,

I have left emails and have called your office asking that somebody contact me regarding this request, but I have not heard back. These correspondences have gone on for months and I've yet to receive any documents. Please release the 41 pages immediately, and please confirm that the revised version of my request will be processed.

Thank you,
Evan

From: Evan Anderson

To Whom it May Concern:

This is an appeal to the constructive denial of my request, copied below. This request was originally submitted on June 26, 2014. It has been nearly two years since this request was filed and I have yet to receive any documents. The Boston Police provided a fee estimate in November 2014; this fee was paid in December of 2014. That was almost 18 months ago. Numerous phone calls and emails went unreturned. Finally, I was told that they were beginning to work on my request approximately one year ago. After some media attention (for example: https://digboston.com/broken-records-the-sun-dont-shine-in-massachusetts/), I was finally updated on my request on March 25 2016. I was informed that, despite the fact that nearly 700 pages were originally discovered during the initial search for documents, 500 pages were "not relevant," more than 100 pages were exempt, and 41 pages were responsive to my request. I asked the Boston Police to first provide me with the 41 pages as soon as possible, and also to begin working on a revised version of my request that would encompass the 500 or so pages which were deemed "not relevant." (Specifically, the original request asked for emails between the Boston Police and the NSA; the revised version is for emails mentioning the NSA.)

Since informing the department that I would like them to provide me the 41 pages as soon as they can as well as expanding the scope of my request, I have not heard from them. I have called them on the phone and left approximately a dozen messages for the officer handling my request, Officer Rachel McGuire. She never called me back. Instead, I had to call Media Relations and hope that she would be in (she was in the office only about one out of every three times I called). If she was not in, I would have the Officer I spoke with leave a message for her with my phone number. She never called me. On Wednesday, May 11, 2016, I was able to reach her. I informed her that I would like an update on my request; she asked "what request?" I explained which request I was referring to, and she says "What about it?" in a rather impatient tone. Apparently she either didn't get the messages I left for her or didn't care enough to address them. She informed me that she would contact the legal department, who is allegedly working on my request, and that she would get back to me. To date, I have not received a call back. We are approaching two years since I filed the original request, and the estimated amount of work time was 17.5 hours. They have averaged approximately one hour of work per month on my request, have stonewalled me when I ask for updates, and have proven to be extremely difficult to work with. I ask that you not only compel them to produce the 41 pages immediately as well as inform me that they are working on the revised version of my request, but also to consider pursuing charges for their flagrant, careless violations of Massachusetts Public Records laws. It is shameful that this is happening in such a progressive state like Massachusetts which is supposed to value transparency and freedom of information. I believe that nothing short of the threat of legal charges will convince the Media Relations department of the Boston Police to do their jobs. Please do your part to make this happen.

Thank you for your assistance, and feel free to reach out to me if you have any questions.

Sincerely,
Evan

From: Evan Anderson

You emailed me nearly three months ago asking for my phone number. You never called me. I have called you and left messages with several others while you were out. I finally got ahold of you and I asked for an update on my request. You stated that you would check in with legal and then get back to me. That was at least 10 weeks ago, probably more. It's now been more than 3 months since you stated that I would be provided with 41 pages. Where are they? Why have you not emailed me since April? Why have you avoided answering my question as to whether or not my revised request is being processed? Do you actually have any intention of providing me with the documents I paid for? This saga has garnered more yet media attention, and your agency has become infamous for this behavior. See here: https://digboston.com/broken-records-what-the-foia/. The coverage will continue until you stop violating the law. Is this what you want your reputation to look like?

From: Chung, Cassandra (SEC)

Hello,

Received and acknowledged, thank you.

Cassandra Chung

Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108-1512
Tel (617) 727-2836
Fax (617) 727-5914

From: Media Relations

Mr, Anderson,

Attached please find cover letter and documents responsive to your request.

Lt McCarthy

From: Mike McCarthy

Mr, Anderson,

Attached please find cover letter and documents responsive to your request.

Lt McCarthy
--
Lieutenant Detective Michael P. McCarthy
Director, Office of Media Relations
617-343-5412 (o)
617-593-4455 (c)

From: Evan Anderson

Hi Mr. McCarthy,

Thank you for providing these documents. I noticed that many of the emails reference the TSA. I'd like to confirm that, in fact, the emails are from NSA. Can you confirm this for me?

As for the refund you mentioned, I had requested that the money instead be put toward the refined version of my request:

"All email communications between the Boston Police Department and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014. In addition, I am requesting any emails containing "NSA" or "National Security Agency" in the body or subject field during the same time frames mentioned above."

The first portion of this request, "email communications between the Boston Police Department and the National Security Agency," during the specified times, has been completed, and I thank you again for providing the documents. I would like you to begin processing the broader version of my request that is the latter portion above. Since the original fee estimate was based on the search that discovered 700 pages of emails, I ask that instead of refunding me the remainder of the fee, you put it toward the completion of my broader request for emails mentioning the NSA. This way, I receive all of the documents that I am seeking, and there is no need for a refund or an additional fee, since the amount of search, review, and redaction time and copying costs for my broader request will match the original fee estimate of $402.50.

Sincerely,
Evan

From: Mike McCarthy

Yes it is NSA.

Additionally, The BPD does not have additional records responsive to your
request and has offered to refund your costs once you have completed the
process to obtain a refund.
Thanks

Lt McCarthy

--
Lieutenant Detective Michael P. McCarthy
Director, Office of Media Relations
617-343-5412 (o)
617-593-4455 (c)

From: Evan Anderson

Hi Lt. McCarthy,

Thank you for your response. The BPD must have additional records responsive to my request, because the original search for documents found 700 pages of emails. The reason these were excluded from the responsive documents is because my request was tailored specifically for emails *between* the Boston Police and NSA, while many of the emails discovered during the original search merely *mentioned* the NSA. So I am seeking the latter -- emails that mention the NSA. Unless you have an alternative explanation for why there were 700 pages of documents discovered during the initial search?

Additionally, the emails you provided only cover the time frame of between September 2011 and December 2011. I had specified two other time frames as well: between April 12, 2013 and April 25, 2013; and March 1, 2014 to April 25, 2014. Were there no emails between BPD and NSA during this time period?

Sincerely,
Evan

From: Evan Anderson

To Whom it May Concern:

This is an appeal to the partial completion of my records request, copied below. Specifically, I requested the following: "All email communications between the Boston Police Department and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014."

The records provided to me cover only the first time period specified in my request. Additionally, the "Global and Regional Intelligence Digests" were withheld in full. I would like to exercise my right to receive the documents in redacted form, as I find it unconvincing that every word contained in these Digests is subject to the cited exemptions. Further, the Boston Police have not explained how releasing these Digests will harm investigations.

Finally, during the original search for my request, 700 pages of emails were "potentially responsive." After reviewing the documents, the Boston Police maintains that 500 of these pages are "not responsive to [the] request in that they were not emails *between* (emphasis in original) the Boston Police and the National Security Agency." There is good reason, therefore, to believe that these emails that were found during the search but were not responsive to my request were *about* the National Security Agency. In seeking to obtain these records, I have attempted to submit a broader request for "[A]ny emails containing "NSA" or "National Security Agency" in the body or subject field" during the same time frames as my original request. The Boston Police have repeatedly ignored my attempt to submit this broader request. Because the fee estimate for the original request ($402.50) included the search, review, and redaction cost for 700 pages, as well as the fees for copying 700 pages of documents, I have asked the Boston Police to take the remainder of the fees they have collected to put it toward my broader request. Instead, they have continually offered to "reimburse" the fees, which I am not interested in.

I respectfully ask that you remand this request back to the Boston Police and instruct them to (1) provide me with the emails that fall within the latter two time periods specified in my request; (2) specifically cite how the exemptions they referenced apply to the redacted information; (3) provide the Digests in redacted form; and (4) rather than reimbursing the remainder of the fees paid for the emails, process the broader version of my request and use the money to cover the remainder of the cost.

Sincerely,
Evan Anderson

From: Sullivan, Kellie (SEC)

Thank you, received and acknowledged.

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

From: Sullivan, Kellie (SEC)

Good morning,

This office is in receipt of your public records appeal dated July 19, 2016. In order to open an appeal, any emails forwarded to this office must include the email header. This header includes the fields To, From, Time Sent, Subject, and any attachments. Please resubmit your appeal according to this procedure.

Thank you,

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

From: Media Relations

Evan,

Please see attached response for your records request and subsequent
appeal. (SPR16-628)
Best,

Lt Mike McCarthy

From: Media Relations

Dear Mr Anderson,

Please see attached cost estimate pursuant to your request and subsequent
appeal #SPR16-628
Best,

Lt McCarthy

From: Evan Anderson

To Whom it May Concern:

This is an appeal to the partial completion of my request, copied below. My original request, from June of 2014, requested "All email communications between the Boston Police Department and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014." The Boston Police later informed me that their search returned 700 pages of "potentially responsive documents," and provided a fee estimate of $402.50. The fee was paid. I was subsequently informed that 500 of those 700 pages were "not responsive" to my request. When I asked how this could be, I was informed by a BPD Media Relations Officer that a potential reason for this is that the search yielded emails that contained the words "NSA" or "National Security Agency" but which were not in fact between the two agencies and therefore not responsive to my request. The BPD eventually provided me with approximately 40 pages of emails, and offered to reimburse me $137.95 of the $402.50 paid for the request. Rather than take the offered reimbursement of $137.95, I asked that the BPD instead put it toward a new request for all emails mentioning "NSA" or "National Security Agency," (during the same time periods as the first request) in an attempt to obtain the 500 "non-responsive" pages of emails from my previous request. Because the agency discovered 700 pages of potentially responsive documents during their initial search, I feel they should have been prepared for the majority or all of those emails to be responsive to my request and therefore should accept my request for them to apply the $137.95 to my new request. However, they refused.

After being ordered to respond to my second request, the BPD today (12/06/16) stated that they have discovered 4,801 pages of "potentially responsive documents" and provided a fee estimate of $2,906.20. Perhaps I am missing something, but this is baffling to me. How could the original search for emails from my first request, which presumably consisted of searching email accounts for "NSA" and "National Security Agency," turn up 700 pages of potentially responsive emails, while a second search for the same thing turns up nearly 5,000 pages? Again, maybe there is something I am not thinking of, but this honestly feels like an attempt by the BPD to prevent me (and, by extension, the public) from obtaining those emails. Furthermore, I call into question the legitimacy of their searches for responsive documents, as I cannot understand why what I imagine to be an identical search for responsive documents would discover more emails the second time around.

I therefore respectfully request that you order the Boston Police to use the $137.95 to review and redact the 500 pages deemed "non-responsive" to my original request, as they should have been prepared to do when they provided the fee estimate of $402.50. Short of this, I request that you order the Boston Police to explain the discrepancy in these two fee estimates.

Kindly,
Evan

From: Sullivan, Kellie (SEC)

Good afternoon Mr. Anderson,

Thank you, received and acknowledged.

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

From: Sullivan, Kellie (SEC)

Good afternoon Mr. Anderson,

Please find attached this office's letter of acknowledgement opening your appeal with the Boston Police Department.

Thank you,

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

From: Mike McCarthy

Dear Mr Anderson,

Pursuant to your records request and subsequent appeal (SPR17-0067,
formally SPR16-1162). As was previously detailed in the Department's June
17, 2016 cover letter accompanying its production of responsive documents,
the Department was (and remains) willing to reimburse you $137.95. The
Department offered to reimburse you because 159 of 700 pages were
privileged and 500 of 700 pages were not responsive. You were provided with
instructions on how to obtain a refund from the City of Boston. As of this
date, you have not taken steps to complete the necessary paperwork to
obtain your refund. Your request to transfer the monies to another public
records request is not practicable and sets an infeasible precedent.

As for the most recent cost estimate of $2,906.20 sent to you on December
6, 2016, that number represents an estimate to compile, review and redact
documents that may be responsive to your modified. request. The reason for
the discrepancy is clear. In your original request you sought emails that
were either to or from the NSA or National Security Agency to the Boston
Police Department. You were provided documents pursuant to that request.
Your modification of all emails that contain NSA or National Security
Agency in the body or subject fields of the email changed the search
parameters and yielded different results. As such, 4,801 documents were
located that may be responsive.

Should you have any questions please don't hesitate to contact us directly.

Lt Detective McCarthy

From: Evan Anderson

Hi Lt. McCarthy,

Thank you for the response and for the explanation. I would like to instead specifically request the 500 pages deemed "not responsive" to my original request. As for the refund, I will have to consult with my colleagues about it. I will be in touch with you shortly. In the meantime, please begin processing this request.

Sincerely,
Evan

From: Sullivan, Kellie (SEC)

Good afternoon Mr. Anderson,

Please find attached this office's letter of determination in the matter of your appeal with the Boston Police Department, numbered SPR 17/067.

Thank you,

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

From: Mike McCarthy

Evan,

We have begun to process your new request. Due to the magnitude of the ask,
would you be amenable to extend the 10 day deadline so we can accommodate
your request? Can we propose a 25 day deadline with the hopes of completing
it prior to that date?

Let us know,

Lt McCarthy

From: Evan Anderson

Hi Lt. McCarthy,

Yes, that it fine. I look forward to receiving your response by February 13th.

Thanks,
Evan

From: Evan Anderson

Hi Lt. McCarthy,

Should I expect a response today?

Thanks,
Evan

From: Mike McCarthy

Evan,

I just spoke with Attorney Hoffman who is has been working on this. She
asked for a one day extension to produce as today all non-emergency
personnel were directed to stay home. As such she is out of the office and
will provide you a response tomorrow.

Sorry for the inconvenience.

Lt McCarthy

From: Evan Anderson

No problem. I look forward to hearing from her tomorrow.

Evan

From: Katherine Hoffman

Good afternoon,

Attached please find the Department's response to your follow up public
records request on January 18, 2017. Also, attached please find the
responsive public records in the Department's possession. Because of the
size of the Department's response, the documents have been split into
separate attachments which will be sent in separate emails. I apologize
for the inconvenience.

Thank you,
Kate

From: Katherine Hoffman

On Tue, Feb 14, 2017 at 4:14 PM, Katherine Hoffman <
katherine.hoffman@pd.boston.gov> wrote:

> Good afternoon,
>
> Attached please find the Department's response to your follow up public
> records request on January 18, 2017. Also, attached please find the
> responsive public records in the Department's possession. Because of the
> size of the Department's response, the documents have been split into
> separate attachments which will be sent in separate emails. I apologize
> for the inconvenience.
>
> Thank you,
> Kate
>

From: Katherine Hoffman

On Tue, Feb 14, 2017 at 4:23 PM, Katherine Hoffman <
katherine.hoffman@pd.boston.gov> wrote:

>
>
> On Tue, Feb 14, 2017 at 4:14 PM, Katherine Hoffman <
> katherine.hoffman@pd.boston.gov> wrote:
>
>> Good afternoon,
>>
>> Attached please find the Department's response to your follow up public
>> records request on January 18, 2017. Also, attached please find the
>> responsive public records in the Department's possession. Because of the
>> size of the Department's response, the documents have been split into
>> separate attachments which will be sent in separate emails. I apologize
>> for the inconvenience.
>>
>> Thank you,
>> Kate
>>
>
>

From: Katherine Hoffman

On Tue, Feb 14, 2017 at 4:28 PM, Katherine Hoffman <
katherine.hoffman@pd.boston.gov> wrote:

>
>
> On Tue, Feb 14, 2017 at 4:23 PM, Katherine Hoffman <
> katherine.hoffman@pd.boston.gov> wrote:
>
>>
>>
>> On Tue, Feb 14, 2017 at 4:14 PM, Katherine Hoffman <
>> katherine.hoffman@pd.boston.gov> wrote:
>>
>>> Good afternoon,
>>>
>>> Attached please find the Department's response to your follow up public
>>> records request on January 18, 2017. Also, attached please find the
>>> responsive public records in the Department's possession. Because of the
>>> size of the Department's response, the documents have been split into
>>> separate attachments which will be sent in separate emails. I apologize
>>> for the inconvenience.
>>>
>>> Thank you,
>>> Kate
>>>
>>
>>
>

From: Evan Anderson

Just checking in on this.

Evan

From: Evan Anderson

I expect a response by end of day tomorrow.

From: Evan Anderson

Hi,

Please ignore my previous messages. Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Evan

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