FOIA - ELERTS Corp Documents (MBTA Transit Police)

Dear J Ader,
Your public records request (see below) has been automatically entered, and assigned our Reference Number R000508-060523 for tracking purposes. Please note that your request is deemed received on the first business day after it has been entered in accordance with the Massachusetts Public Records Law; this is an automated response and does not mean it has been viewed by our department if received outside of non-business hours. To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

All documents pertaining to the your agency's contract with ELERTS Corporation (https://elerts.com/). These documents might include, but are not limited to, the following:

- Initial Bid Documents
- Current and previous contracts with Motorola regarding ELERTS
- Requests for Proposals
- Memorandum(s) of Understanding
- Any privacy impact assessments
- Any product manuals
- Any instructional materials or presentations
- Use policies and standard operating procedures
- Data retention policies
- Letters of Interest
- Usage policies
- Any informal agreements or other documents that reference "ELERTS" or otherwise guide it use or the relationship between this agency and the provider or developer of the software.

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,

J Ader

Upload documents directly: https://www.muckrock.com/ You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Click Here to View Your Request Thank you for using the MBTA’s Public Records Center. Massachusetts Bay Transportation Authority

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June 27, 2023 J Ader MuckRock News, DEPT MR147081 Boston, MA 02115 Re: Public Records Request for “To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

All documents pertaining to the your agency's contract with ELERTS Corporation (https://elerts.com/). These documents might include, but are not limited to, the following:

- Initial Bid Documents
- Current and previous contracts with Motorola regarding ELERTS
- Requests for Proposals
- Memorandum(s) of Understanding
- Any privacy impact assessments
- Any product manuals
- Any instructional materials or presentations
- Use policies and standard operating procedures
- Data retention policies
- Letters of Interest
- Usage policies
- Any informal agreements or other documents that reference "ELERTS" or otherwise guide it use or the relationship between this agency and the provider or developer of the software.

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,

J Ader

Upload documents directly: https://www.muckrock.com/ Our Case No.: R000508-060523 Dear Mr. Ader, The Massachusetts Bay Transportation Authority (“MBTA”) is in receipt of your request for public records dated June 05, 2023 regarding the above-referenced matter; this request was received by our Records Access Officer on June 05, 2023. Please be advised that your request seeks information that is exempt from disclosure under Massachusetts General Laws ch. 4, sec. 7, clause 26 (n), which is known as the Security Sensitive Exemption. The Security Sensitive Exemption applies to “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, buildings, structures, facilities, utilities, transportation, cyber security or other infrastructure located within the Commonwealth, the disclosure of which, in the reasonable judgment of the custodian, subject to review by the supervisor of public records under subsection (c) of section 10 of chapter 66, is likely to jeopardize public safety.” Specifically, your request targets a communication system used by the MBTA for critical incidents. the MBTA possesses responsive bid documents and contract materials. Releasing these records, which contain non-public details about how the system functions, would provide bad actors with a means to infiltrate and potentially hack this system, leading to a public safety threat and misuse of MBTA resources. For this reason, we are unable to publicly provide the responsive records. Please be advised that in the case of a denial of access to records, you have the right to an administrative appeal to the Supervisor of Records, pursuant to 950 CMR 32.08(1) (the Code of Massachusetts Regulations), and the right to seek judicial review by commencing an action in the Superior Court. Sincerely, Julie Ciollo
Assistant General Counsel/
Records Access Officer