Cell site simulator acquisition and use (Milwaukee, WI Police)

Brian Kroll filed this request with the Milwaukee Police Department of Milwaukee, WI.


From: Brian Kroll

To Whom It May Concern:

Pursuant to Wisconsin's Open Records act, I hereby request the following records:

1. Records regarding your agency's acquisition of cell site simulators, including but not limited to invoices, purchase orders, contracts, loan agreements, evaluation agreements, solicitation letters, correspondence with companies and public agencies that provide the devices, and similar documents.

2. Records regarding any offer, proposal, arrangement, agreement, or memorandum of understanding with any other entity to borrow, permanently acquire from, lend, permanently transfer to, or use any cell site simulator owned or possessed by your agency or any other entity

3. All nondisclosure agreements with Harris Corporation, Digital Receiver Technology (DRT, formerly Utica Systems, now a subsidiary of Boeing Corporation), Septier Communication Limited, Proximus LLC, Pen-Link Ltd., any other corporation, and any state or federal agencies, regarding your agency's actual or potential possession or use of cell site simulators

4. Records regarding policies and guidelines governing use of cell site simulators, including but not limited to 1) when, where, how, and against whom they devices may be used, 2) logging, retention, purging, use, and auditing data stored in or communicated from the devices, 3) under what circumstances administrative warrant, judicial warrant, or other legal process must, should, or should not be obtained prior to, during, or following direct or indirect use of the devices, 4) under what circumstances the existence or use of the devices must, should, or should not be revealed to judges, prosecutors, defense attorneys, criminal defendants, or the general public., and 5) parallel construction techniques for use in avoidance of disclosure of the initial method of discovery of information gained initially by use of cell site simulators

5. Training materials for use of cell site simulators

6. Records regarding any communications or agreements with wireless service providers (i.e., mobile phone carriers such as AT&T, CenturyLink, CREDO Mobile, MetroPCS, Sprint, Ting, T-Mobile, Verizon, Virgin Mobile, etc.) concerning use of cell site simulators

7. Records regarding any communications, licenses, waivers, or agreements, with federal or state communications regulatory agencies (e.g., Federal Communications Commission, Canadian Radio-television and Telecommunications Commission, state public utilities or communications commissions, etc.) concerning use of cell site simulators

8. Records reflecting the number of investigations in which cell site simulators were used, the number of those investigations that resulted in prosecutions, and the number of those investigations that resulted in convictions

9. Records reflecting a list of all criminal cases, with docket numbers if available, in which law enforcement officers or other staff used or arranged for the use of one or more cell site simulators as part of the underlying investigations

10. All applications submitted to state or federal courts for warrants, orders, or other other authorization for use of cell site simulators in criminal investigations, as well as any warrants, orders, authorizations, denials of warrants, denials of orders, denials of authorization, and returns of warrants associated with those applications

11. Records regarding the use of cell site simulators in closed investigations

12. Date and docket number of any responsive records that are sealed

13. All associated metadata

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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 would request your response within ten (10) business days.


Brian Kroll

From: Records, Open

Mr. Kroll,

We received your request on February 6, 2017 and have begun to process your request.

We do not have any record of an email being sent from you to us on January 5, 2017 or on January 20, 2017. This request that you have sent shows those messages as being present but does not show any sort of sent receipt. We have had similar issues with the website that you are using (muckrock) not sending emails that requesters claimed were sent in 2017.

Under Wisconsin's Public Records Law, a request must be responded to "as soon as practical and without delay." Wis. Stat. § 19.35(4)(a). The public records law does not require response within any specific time, such as "three weeks" or "48 hours." Although the Attorney General has stated that ten working days is generally a reasonable time for responding to a simple request for a limited number of easily identifiable records, the Attorney General has also stated that for requests that are broader in scope, or require location, review or redaction of documents, a reasonable period of time may be longer. See DOJ Public Records Compliance Outline, November 2015, pgs. 14-15. What is reasonable depends on the nature of the request, the staff and other resources available to process the request, the extent of the request, and related considerations. Put another way, the reasonableness of the response time depends on the totality of the circumstances surrounding a particular request. WIREdata, Inc. v. Village of Sussex II ("WIREdata II"), 2008 WI 69, ¶¶ 57-79, 310 Wis.2d 397.

Thank you.

From: Milwaukee Police Department

The request has been rejected by the agency.