BlueLeaks (New Hampshire Information and Analysis Center)
| Multi Request | BlueLeaks |
| Submitted | June 25, 2020 |
| Due | July 2, 2020 |
| Est. Completion | Oct. 30, 2020 |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the New Hampshire Right to Know Law, I hereby request the following records:
1. Documents mentioning, describing or generated in response to the BlueLeaks release, the preceding hack or subsequent fallout, including but not limited to:
* Damage assessments
* Emails
* Interagency communications (local, state, or federal)
* Communications with the press about BlueLeaks
* Communications with Twitter or other social media or sharing platforms
2. Documents mentioning or describing Distributed Denial of Secrets (DDoSecrets)
You may limit this request to records generated between November 1, 2018 and the present.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and the journalist non-profit MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.
As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.
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 5 business days, as the statute requires.
Sincerely,
Emma Best
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New Hampshire Right to Know Law request, copied below, and originally submitted on June 25, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: New Hampshire Information and Analysis Center
Good morning,
We have received your request.
Best Regards,
NH Information & Analysis Center
Main Line: (603) 223.3859
Toll Free: 1.800.430.5309
Tips Hotline: (603) 223.3860
Fax: (603) 271.0303
NH.IAC@dos.nh.gov<mailto:NH.IAC@dos.nh.gov>
EMAIL CONFIDENTIALITY STATEMENT: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message.
From: New Hampshire Information and Analysis Center
Dear Ms. Best,
Please see attached response to your request. Thank you.
Lieutenant Joe Villers
New Hampshire State Police
Director, NH Information & Analysis Center
Office: (603) 223-3859
Cell: (603) 419-8325
Desk: (603) 223-8744
Fax: (603) 271-0303
joseph.villers@dos.nh.gov<mailto:joseph.villers@dos.nh.gov>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New Hampshire Right to Know Law request, copied below, and originally submitted on June 25, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New Hampshire Right to Know Law request, copied below, and originally submitted on June 25, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: New Hampshire Information and Analysis Center
Good morning, as previously stated in the letter previously sent (attached). We anticipate being able to answer this request by the end of this month. Thank you for your patience.
Lieutenant Joe Villers
New Hampshire State Police
Director, NH Information & Analysis Center
Office: (603) 223-3859
Cell: (603) 419-8325
Desk: (603) 223-8744
Fax: (603) 271-0303
joseph.villers@dos.nh.gov<mailto:joseph.villers@dos.nh.gov>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New Hampshire Right to Know Law request, copied below, and originally submitted on June 25, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New Hampshire Right to Know Law request, copied below, and originally submitted on June 25, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: New Hampshire Information and Analysis Center
Good morning, we will need additional time to fill this request. We anticipate being able to fill this request on or about 30 September 2020.
Thank you for your patience.
Lieutenant Joe Villers
New Hampshire State Police
Director, NH Information & Analysis Center
Office: (603) 223-3859
Cell: (603) 419-8325
Desk: (603) 223-8744
Fax: (603) 271-0303
joseph.a.villers@dos.nh.gov<mailto:joseph.a.villers@dos.nh.gov>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New Hampshire Right to Know Law request, copied below, and originally submitted on June 25, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: New Hampshire Information and Analysis Center
Good morning, we expect to be able to answer this request on or about 30OCT20. Thank you.
Lieutenant Joe Villers
New Hampshire State Police
Director, NH Information & Analysis Center
Office: (603) 223-3859
Cell: (603) 419-8325
Desk: (603) 223-8744
Fax: (603) 271-0303
joseph.a.villers@dos.nh.gov<mailto:joseph.a.villers@dos.nh.gov>
From: Emma North-Best
Your office keeps saying 'by the end of the month' and then missing the deadline you set. Do you think it will actually be this month? This is the 3rd or 4th time you've said that, and there's been no explanation for why you keep missing your own deadlines.
From: New Hampshire Information and Analysis Center
Good afternoon,
I apologize for the lack of a reason with the delay. The person that use to fill these requests has moved on from NHIAC employment. The position is vacant due to COVID-19 budget impacts. The NHIAC staff has also been extremely busy supporting our State EOC with pandemic response. I hope to have any responsive records reviewed and to you by the end of this month. Thank you for your patience.
Lieutenant Joe Villers
New Hampshire State Police
Director, NH Information & Analysis Center
Office: (603) 223-3859
Cell: (603) 419-8325
Desk: (603) 223-8744
Fax: (603) 271-0303
joseph.a.villers@dos.nh.gov<mailto:joseph.a.villers@dos.nh.gov>
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New Hampshire Right to Know Law request, copied below, and originally submitted on June 25, 2020. You had previously indicated that it would be completed on Oct. 30, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New Hampshire Right to Know Law request, copied below, and originally submitted on June 25, 2020. You had previously indicated that it would be completed on Oct. 30, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New Hampshire Right to Know Law request, copied below, and originally submitted on June 25, 2020. You had previously indicated that it would be completed on Oct. 30, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: New Hampshire Information and Analysis Center
Hello,
I sincerely apologize for the delay in processing this request. No material responsive to this request is available for release, as it constitutes confidential homeland security information per 6 USC 482(e). This request is considered to be closed.
David M. Hilts
Senior Staff Counsel
Office of the Commissioner
New Hampshire Department of Safety
33 Hazen Drive
Concord, NH 03305
W (603) 227-0040
F (603) 271-1033
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 227-0040. You will be reimbursed for reasonable costs incurred in notifying us.
From: Emma North-Best
Not all records are federal records. For instance, communications with the press are plainly not " information obtained by a State or local government from a Federal agency".
From: New Hampshire Information and Analysis Center
My understanding is that any records that we have that are responsive to your request are covered by 6 USC 482(e), and some of them are also information compiled for law enforcement purposes whose disclosure could reasonably be expected to interfere with law enforcement proceedings. 38 Endicott Street North, LLC vs. State Fire Marshal, 161 N.H. 656, 661 (2012) (referencing and adopting Exemption 7(A) of FOIA). I have nothing further to add.
David M. Hilts
Senior Staff Counsel
Office of the Commissioner
New Hampshire Department of Safety
33 Hazen Drive
Concord, NH 03305
W (603) 227-0040
F (603) 271-1033
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 227-0040. You will be reimbursed for reasonable costs incurred in notifying us.
-
~WRD3030
From: Emma North-Best
Communications with the press are not "information compiled for law enforcement purposes" nor are they federal records. Would you like to try again?
From: New Hampshire Information and Analysis Center
Hello,
When I said that any records we have are covered by 6 USC 482(e) and Exemption 7(A) of FOIA, I was referring to information and records in your request categories of Damage assessments, Emails and Interagency communications, as we have not located any responsive records in the remaining categories of your request. I’m sorry for the confusion.
David M. Hilts
Senior Staff Counsel
Office of the Commissioner
New Hampshire Department of Safety
33 Hazen Drive
Concord, NH 03305
W (603) 227-0040
F (603) 271-1033
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 227-0040. You will be reimbursed for reasonable costs incurred in notifying us.
-
~WRD0004
From: Emma North-Best
Your shifting language, changing claims of exemptions and use of the phrases "any records we have" and "as we have not located any responsive records in the remaining categories" lead to me wonder about the quality of the search, and your knowledge of it and the responsive records.
Would you like to make any clear, affirmative or declarative statements about the search, the exemptions cited, the basis for the exemptions and your knowledge of those basis? Please keep in mind that the Director of the Information & Analysis Center, Lieutenant Joe Villers, told me to expect responsive records by the end of October, 2020.
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