Maryland State Police Hacking Team emails and acquisition docs

Shawn Musgrave filed this request with the Maryland State Police of Maryland.
Est. Completion None
Status
Withdrawn

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to Maryland's Public Information Act ("PIA"), I hereby request the following records:

-All emails exchanged with Hacking Team (hackingteam.com) between January 1, 2010 and the date this request is processed. Please include all attachments.

-All nondisclosure agreements or other agreements signed with Hacking Team between January 1, 2010 and the date this request is processed.

-All contracts, purchase orders, and invoices for Hacking Team products from January 1, 2010 to the date this request is processed.

Per emails published by WikiLeaks, an MSP sergeant communicated with Hacking Team in 2013:

https://wikileaks.org/hackingteam/emails/emailid/2394

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 fees cannot be waived, 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 30 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Maryland State Police

A fix is required to perfect the request. The request has been rejected as being too vague, burdensome or otherwise unprocessable.

From: Shawn Musgrave

Major Herman -

I have received your Aug 4 letter requesting additional information in order for the MDSP Information Technology Division to conduct a search of emails. I am unclear as to the distinction between a website and an email domain — law enforcement agencies across the country have been able to search email accounts based on identical information. For the email portion of my request, please search for all emails exchanged with accounts ending in "hackingteam.com" or "hackingteam.it", i.e. "@hackingteam.com" or "@hackingteam.it".

As I included in my original request, one such email (https://wikileaks.org/hackingteam/emails/emailid/2394) was exchanged between Sgt. James Deater (james.deater@maryland.gov) and Alex Velasco (a.velasco@hackingteam.it) on 2013-09-03.

Please note that my request also encompasses documents beyond emails exchanged with Hacking Team:

-All nondisclosure agreements or other agreements signed with Hacking Team between January 1, 2010 and the date this request is processed.

-All contracts, purchase orders, and invoices for Hacking Team products from January 1, 2010 to the date this request is processed.

Thank you for your assistance with this request. I look forward to your reply and provision of documents.

Respectfully,
Shawn Musgrave
Reporter, MuckRock

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 29, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Laura Herman -State Police-

Mr. Musgrave,
A signed letter is in the mail. You should be receiving it soon.
Thank you.

Major L. L. Herman
Acting Chief, Support Services Bureau
Maryland Department of State Police
1201 Reisterstown Road
Pikesville MD 21208
Office: 410-653-4212
Fax: 410-653-4427

CONFIDENTIAL, FOR INTERNAL USE ONLY - PROTECTED BY EXECUTIVE PRIVILEGE

This email, and any files or attachments transmitted with it, should be
considered official Maryland State Police communications and confidential.
The email is intended solely for the use of the individual to whom or
entity to which it is addressed. Any forwarding or dissemination of the
contents of this email in any manner without the express permission of the
sender may be violation of Maryland State Police Rules and Regulations or
state or federal law and subject the violator to disciplinary action and/or
criminal prosecution. If you believe you are not the intended recipient
and have received the email in error, please contact the sender immediately.

From: Maryland State Police

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

From: Shawn Musgrave

Hello -

Apologies for the delay in responding to your fee estimate. Per the letter dated Sept 10, the fee includes 2 hours of processing time. COMAR 29.01.02.13 provides (see http://www.dsd.state.md.us/comar/comarhtml/29/29.01.02.13.htm): "The official custodian may not charge any search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information."

Please update the fee estimate to account for this provision.

Best,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello again -

Please also advise whether this material is available in electronic copy, rather in printouts. Per the Attorney General's guide to PIA (see http://www.oag.state.md.us/opengov/Chapter6.pdf), there is a presumptive right to electronic copies.

Best,
Shawn Musgrave
MuckRock

From: Ken Hasenei -State Police-

Dear Mr. Musgrave:

I was just forwarded you response to you PIA request regarding Hacking Team
emails. The prices quoted in the letter from the Maryland State Police
included 2 hours of free labor costs. The 2 hours charged were beyond the
initial 2 hours since this request had to be processed, sent to another
agency, a search conducted and other personnel who had to work with the
files so that they could be opened and readable. They were printed as to
undergo review for potential redactions allowed by law of which there were
none. At present, I have paper copies that I can mail once payment is made
for labor (2 hours) and paper copies. If you wish them to be placed on a
CD, additional labor charges may be incurred as well as the price of the
CD. They were not in an usable electronic format when pulled from the
server.

Please let me know how you wish to proceed.

--
Major Ken Hasenei
Chief Information Officer
Maryland FiRST Statewide Program Manager
Maryland's Statewide Interoperability Coordinator (SWIC)
Maryland Department of State Police
1201 Reisterstown Road
Pikesville, Maryland 21208
410-653-4229 (Office)
443-829-2541 (Cell)
Fax: 410-653-4450
http://www.mdsp.org
Join us on Facebook - http://www.facebook.com/MarylandStatePolice

This email, and any files or attachments transmitted with it, should be
considered the property of the sender and or official Maryland State Police
communications and confidential. The email is intended solely for the use
of the individual(s) to whom or entity to which it is addressed. Any
forwarding or dissemination of the contents of this email in any manner
without the express permission of the sender may be violation of Maryland
State Police Rules and Regulations or state or federal law and subject the
violator to disciplinary action and/or criminal prosecution. If you
believe you are not the intended recipient and have received the email in
error, please contact the sender immediately.

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