Use of Drone Monitoring Software by the Massachusetts State Police

Ethan Hansen filed this request with the Massachusetts State Police of Massachusetts.
Submitted June 16, 2020
Status
Completed

Communications

From: Ethan Hansen

Subject: Massachusetts Public Records Law Request: Use of Drone Monitoring Software by the Massachusetts State Police

Email


To Whom It May Concern:

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

All records including but not limited to RFPs, manuals, training documents, and reports related to the purchase and use of software that monitors drone activity in a given area by the Massachusetts State Police. This would include any information about potential remote control and disablement of a drone functionality of the software. This software was most recently deployed by the MSP during the recent protests in Boston to monitor drone activity in and around areas of interest such as the State House and multiple Boston Police Districts Headquarters.

If this software is not used directly by the MSP but is used through an outside agency I would request that agency's information so records can be requested.

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,

Ethan Hansen

From: Massachusetts State Police

Subject: RE: Massachusetts Public Records Law Request: Use of Drone Monitoring Software by the Massachusetts State Police

Email

Dear Mr. Hansen,

The Massachusetts Department of State Police ("Department") has received your request for "All records including but not limited to RFPs, manuals, training documents, and reports related to the purchase and use of software that monitors drone activity in a given area by the Massachusetts State Police. This would include any information about potential remote control and disablement of a drone functionality of the software. This software was most recently deployed by the MSP during the recent protests in Boston to monitor drone activity in and around areas of interest such as the State House and multiple Boston Police Districts Headquarters."

The Department considers your request as a submission pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law. Based upon the information you have provided, the Department has conducted a diligent search of its records. In response to your request, the Department was able to identify a procedural manual, which has not yet been completed. As such, the Department denies your request to this manual pursuant to G.L. c. 4, §7, cl. 26 (d) which exempts from public disclosure records "relating to policy positions being developed by the agency..." In light of the fact that the manual is not completed, the withholding of these records is necessary in order for the Department to perform its proper governmental function of producing a working manual for the effective detection of drones.

Any RFP's and contracts are publicly available through the COMMBUYS which is the only official procurement record system for the Commonwealth of Massachusetts' Executive Departments. The link to the website can be found at https://www.commbuys.com/bso/ You can search for records under the browse by category. For example, when you click on active contracts, the category "Defense and Law Enforcement and Security and Safety Equipment," will lead you to "ANTI-DRONE TECHNOLOGY; DJI AEROSCOPE ANTENNAS" which is a contract that involves the Department.

Based upon the information you have provided, the Department does not have any other records responsive to your request.

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

Files