Chainalysis materials (Kings County District Attorney's Office)

Dear Ms. Riley,

I am writing to acknowledge receipt of your January 4, 2023 email, in which you seek records pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the Freedom of Information Law ("FOIL").

Please be advised that your request is being processed and a search for responsive records has commenced. Based upon an initial review of your request, and an estimate of what is required to complete it, this agency has determined that it will be unable to respond to your request in full within the next twenty (20) business days. The reasons we cannot process your request within the next twenty (20) business days include:

1. The volume of the requests we received prior to yours.

1. The work needed to process said requests,

1. The fact that this agency processes requests in the order in which they are received,

1. The anticipated size of the files from which you have requested records,

1. The fact that the records you requested may not be contained within a single, readily identifiable, on-site source, and, most significantly,

1. The fact that this Office's Records Access Officers (RAOs), are still tackling a Covid-related backlog of FOIL requests that accrued over a two-year period wherein, due to limited on-site staffing, we were unable to access our physical files.

For these reasons, you can expect a determination on or about May 5, 2023, which date is "reasonable under the circumstances of (your) request(s)." within the meaning of Public Officers Law § 89(3)(a). See Data Tree, LLC v. Romaine, 9 N.Y.3d 454, 465 (2007) ([T]ime needed to comply with a request may be dependent on a number of factors, including the volume of the request and the retrieval methods. Compliance with FOIL request may require substantial time and may not require agency to provide such records in a time other than that which is reasonable in view of the attendant circumstances). In the determination any statutorily authorized fees incurred in processing your request will be listed. These fees must be paid before this agency will release any records. Pub Off. L. § 87(1)(b)(iii).

If you do not receive a determination by that the date set forth above, please do not hesitate to contact us. Alternatively, you may appeal a "constructive denial" upon the expiration of that date by writing to: George B. Forbes, Esq., FOIL Appeals Officer, Kings County District Attorney's Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201. ADA Forbes is copied on this email.

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Sincerely,

Douglas O'Connell
Paralegal Supervisor
FOIL Records Access Officer
(718) 250-4742

Kings County District Attorney's Office
FOIL Office
350 Jay Street
Brooklyn, NY 11201

January 4, 2023

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Documentation on the usage of Chainalysis and/or Chainalysis' Reactor software in criminal investigations including:
- Memorandum(s) of Understanding
- Initial Bid Documents
- Requests for Proposals
- Any privacy impact assessments
- Any instructional materials or presentations
- Letters of Interest
- Usage policies
- Any informal agreements that reference Chainalysis or otherwise guide the use or the relationship between this agency and the software.

I am interested in any records from 1/2/20 to the time of the search.

I ask that any fees be waived as I am a journalist with CyberScoop.com, a national award-winning publication that is also recognized by the Senate Periodical Press. These documents will be made available to the public and are being requested for reporting not commercial purposes.

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,

Tonya Riley

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Ms. Riley,

As you were advised below, you can expect a determination on or about May 5, 2023, which date is "reasonable under the circumstances of (your) request(s)." within the meaning of Public Officers Law § 89(3)(a). See Data Tree, LLC v. Romaine, 9 N.Y.3d 454, 465 (2007) ([T]ime needed to comply with a request may be dependent on a number of factors, including the volume of the request and the retrieval methods. Compliance with FOIL request may require substantial time and may not require agency to provide such records in a time other than that which is reasonable in view of the attendant circumstances).

If you do not receive a determination by the date set forth above, please do not hesitate to contact us. Alternatively, you may appeal a "constructive denial" upon the expiration of that date by writing to: George B. Forbes, Esq., FOIL Appeals Officer, Kings County District Attorney's Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201. ADA Forbes is copied on this email.
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Sincerely,

Douglas O’Connell
Paralegal Supervisor
FOIL Records Access Officer
(718) 250-4742

Dear Ms. Riley,

I am writing in response to your January 6, 2023 request for pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the Freedom of Information Law (“FOIL”). Please be advised that this Office does not utilize the software described in your request and, consequently, has no records that are responsive to your request.

You may appeal from this determination within thirty (30) days by writing to: John C. Carroll, Esq., FOIL Appeals Officer, Kings County District Attorney’s Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201. ADA Carroll is copied on this email.

___________________________
Sincerely,

Douglas O’Connell
Paralegal Supervisor
FOIL Records Access Officer
(718) 250-4742