Policies, procedures, figures, and contracts concerning IMSI catchers (Milton Police Department) • MuckRock

2 Communications
1 File

Communications

From: Curtis Waltman

10/27/2016

Subject: Public Records Law Request: Policies, procedures, figures, and contracts concerning IMSI catchers (Milton Police Department)

To Whom It May Concern:

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

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 calendar days, as the statute requires.

Sincerely,

Curtis Waltman

From: Enos, Jean

10/31/2016

Subject: RE: Public Records Law Request: Policies, procedures, figures, and contracts concerning IMSI catchers (Milton Police Department)

In regards to your request pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10 for:

Documents concerning IMSI catchers or any of the following words: "Stingray", "cell site simulator", or "dirtbox". including:
-Contracts with the Harris Corporation regarding the acquisition of their Stingray or KingFish IMSI catchers
-Department policies and procedure regarding the use of IMSI catcher technology
-memos, guidelines, or slideshows mentioning IMSI technology
-procedures on the keeping of statistics about the Department's use and acquisition of IMSI catchers
-statistics concerning the deployment of IMSI catcher technology in police operations
-statistics concerning the number of IMSI catchers purchased by the Department
With respect to your request, this Department does not maintain such records. The mandatory disclosure provision of the Public Records Law only applies to information that is in the custody of the Department at the time the request is received. As a result, there is no obligation for a Department to create a record for a requester to honor a request. See G.L. c. 4, section 7(26) (defining "public records" as materials which have already been "made or received" by a public entity); see also 32 Op. Att'y Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information); see also A Guide to the Massachusetts Public Records Law, Secretary of the Commonwealth, Division of Public Records, p. 7 (January 2013) (hereinafter Public Records Guide).

Submitted	Oct. 27, 2016
Est. Completion	None