Documents on Network Investigative Techniques (NITs) (New Hampshire State Police)

Joseph Cox filed this request with the New Hampshire State Police of New Hampshire.
Multi Request Documents on Network Investigative Techniques (NITs)
Est. Completion None
Status
No Responsive Documents

Communications

From: Joseph Cox

To Whom It May Concern:

Pursuant to the New Hampshire "Access to Government Records and Meetings" Statute (RSA Ch. 91-A), I hereby request the following records:

### Background ###

US law enforcement agencies have previously purchased and deployed tools referred to as 'network investigative techniques', or NIT/NITs. The use of NITs has been widely covered in media reports: https://motherboard.vice.com/en_us/article/wnxbqw/unsealed-court-docs-show-fbi-used-malware-like-a-grenade
https://motherboard.vice.com/en_us/article/53d4n8/fbi-hacked-over-8000-computers-in-120-countries-based-on-one-warrant

My request concerns network investigative techniques.

### Request ###

I hereby request the following records:

- Any policy directives, guidance documents, memoranda, training materials, or similar records created on or after January 1, 2015, governing or concerning use of such tools by agents, employees, or partners.
- From January 1, 2015, to the present, annual records reflecting the total number of times such tools have been deployed in the jurisdiction of each field office, the numbers of deployments at the request of other agencies, and the number of times the technology is deployed in emergency circumstances.
- The number of times operations in which such tools have been deployed, including information about the field office deploying the tool and what type of criminal investigation those deployments were in aid of (i.e., money laundering, drug trafficking, etc).
- Records reflecting the number of times the agency has requested the assistance of other law enforcement agencies (including federal, state, local, and foreign) in deploying such tools.
- All applications submitted to state, federal and foreign courts since January 1, 2015, for orders or search warrants authorizing the use of such tools in investigations or operations (including investigations or operations as part of task forces or partnerships with other agencies), as well as any warrants or orders, denials of warrants or orders, and returns of warrants associated with those applications. If any responsive records are sealed, please provide the date, court, and docket number for each sealed document.

I request all cross-referenced records relevant to my inquiry, and I request a search of ELSUR records.

In order to help to determine my status to assess fees, you should know that I am a journalist writing for The Daily Beast and that this request is being made as part of news gathering.

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,

Joseph Cox

From: New Hampshire State Police

Dear Mr. Cox:

I am writing to acknowledge receipt of the above referenced right-to-know request. We are working to gather the requested information as soon as possible. Additional time is needed to locate the responsive records and to review to determine whether any information is exempt from disclosure. Please note, due to the COVID-19 pandemic, additional time may also be required because many staff are either reassigned, have limited access to documents, or are currently engaged full-time in responding to issues arising from the State of Emergency. I estimate that we should be able to locate any responsive records and to determine their availability under RSA 91-A by May 28, 2021.

Respectfully,

Mary Maloney

Mary E. Maloney, Esq.
Staff Attorney
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: New Hampshire State Police

Dear Mr. Cox:

Please be advised that the New Hampshire State Police does not have any documents that are responsive to your request. This matter is deemed closed.

Sincerely,

Mary Maloney

Mary E. Maloney, Esq.
Staff Attorney
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.

Files

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