IMSI Catcher Equipment - Missouri State Highway Patrol

To Whom It May Concern:

Pursuant to the The Missouri Sunshine Law, I hereby request the following records:

Subject: Missouri Sunshine Law Request,
Missouri Public Records Request-IMSI - Catcher Devices/Equipment

Background:
Cell site simulators, also known as IMSI catchers, IMEI catchers, GSM interceptors, covert cellular tracking equipment, and digital analyzers, impersonate a wireless service provider’s (i.e., mobile phone company’s or cellular phone company’s) cell tower, prompting mobile phones and other wireless devices to communicate with the simulators instead of communicating with authentic cell towers. These devices are often called “Stingrays,” the name of one such device produced by Harris Corporation, along with their AmberJack, BlackFin, KingFish, Gossamer, LoggerHead, and TriggerFish. They are also referred to by the names of Hailstorm, ArrowHead and DRT “Dirt” Box.

Cell site simulators are commonly used in several ways: to collect unique numeric identifiers associated with each mobile phone in a given geographic area, to determine the precise location of the mobile phone when numbers associated with it are known but only a general idea of its location is known, or to intercept phone calls and SMS messages.

Each of these uses raises privacy concerns, the most obvious of which is presented by the interception of voice and SMS communications. Collecting unique identifiers of all phones in a particular area inevitably collects location data on many innocent people who would be suspected of no crime. Determination of the precise location of a specific phone can reveal that the phone, and thus the person who operates it, is in a constitutionally-protected place, such as their private home for instance, which has been traditionally immune from search without judicial approval via search warrant. The locations of people’s mobile phones reveal a variety of personal information, such as: with whom they associate, where they frequent, where they spend their days, where they spend their nights, when they are home alone, where they work and worship, as well as the identities, locations and relationship details and patterns of their family, friends, associates or even service providers, such as their healthcare providers.

It has been widely reported in recent years that law enforcement agencies use these devices while hiding their use from the public and from the courts. Despite widespread public interest in the use and misuse of cell site simulators, the community has no information about your agency’s use of these devices or your agency’s policies for using these devices. Information is necessary for the public to determine whether the use of cell site simulators by your agency complies with the 4th Amendment to the U.S. Constitution and with Missouri state law.

Pursuant to the The Missouri Sunshine Law, 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 St. Louis Metropolitan Police Department (“STLMPD”), St Louis County Police Department ("STLCPD"), St. Louis Fusion Center (“STLFC”), Federal Bureau of Investigation (“FBI”), U.S. Marshals Service, Office of the Director of National Intelligence (“ODNI”), U.S. Department of Homeland Security (“DHS”), Homeland Security Information Network (“HSIN”), U.S. Department of Justice (“DOJ”), FBI’s Data Intercept Technology Unit (“DITU”), FBI’s Law Enforcement National Data Exchange (“N-DEx”), Mid-State Organized Crime Information Center (“MOCIC”), Regional Information Sharing Systems Technology Support Center (RTSC), or any corporation, to borrow, permanently acquire from, or use any cell site simulator owned or possessed by STLMPD, STLCPD, STLFC, FBI, U.S. Marshals Service, ODNI, DHS, HSIN, DOJ, DITU, N-DEx, MOCIC, RTSC, or corporation.

3. All disclosure agreement documents with Harris Corporation, Digital Receiver Technology (DRT, formerly Utica Systems, now a subsidiary of Boeing Corporation), Septier Communication Limited, Proximus LLC, 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 the devices may be used to target, 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. Documents pertaining to training, including training materials and records that verify and document training for use of cell site simulators. Including protocol and procedure regarding collection, retention, dissemination of and disposition of citizen’s private cell phone data

6. Records regarding any communication or agreements with wireless service providers (i.e., mobile phone carriers such as AT&T, Verizon, T-Mobile/Sprint, Boost Mobile, MetroPCS, Virgin Mobile, Mint Mobile, Straight Talk, Spectrum, Consumer Cellular, etc.) concerning use of cell site simulators

7. Records regarding any communications, licenses, waivers, or agreements, with federal or state communication regulatory agencies (e.g., Federal Communication Commission, Federal Trade Commission, Missouri Public Service Commission, National Association of Regulatory Utility Commissioners, National Regulatory Research Institute, Federal Energy Regulatory Commission, 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 for the period of January 1, 2020 to the date of this request

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 for the period of January 1, 2020 to the date of this request

10. All applications submitted to state or federal courts for warrants, orders, or other authorization for use of cell site simulators in criminal investigations, as well as any warrants, orders, authorizations, denials of warrants, denials of warrants, denials of orders, denials of authorization, or returns of warrants associated with those applications for the period of January 1, 2020 to the date of this request

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 records of metadata regarding the use of cell site simulators

I also request that, if appropriate, fees be waived as this request is in the public’s interest.

In addition to an email response, I request a copy to be sent through U.S. postal mail service as confirmation and an official record that cannot be modified or deleted. I will also be emailing and corresponding using the U.S. postal service to follow up with any additional responses regarding my request. Please use the following address:

MuckRock Mailing Address:
1 City Hall Square,
Room 603
Boston, MA 02108

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 look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Kevin Hawkins