Cobwebs Contract

Chris Gelardi filed this request with the New York State Police of New York.
Tracking #

NYSP-23-12-1041

GELARDI_NYSP_20231212214503036

Status
Completed
Tags

Communications

From: Chris Gelardi

To Whom It May Concern:

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

All contracts, acquisition agreements, memoranda of understanding, and any other agreements signed between:
- the New York State Police and/or the New York State Intelligence Center,
- and the company known as Cobwebs Technologies, aka Cobwebs, aka Cobwebs America,
- from January 1, 2023 to the present.

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,

Chris Gelardi

From: New York State Police

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Thank you for submitting your FOIL request through Open FOIL NY.

Here is your Open FOIL NY confirmation information for future reference:

GELARDI_NYSP_20231212214503036

INFORMATION SUBMITTED:

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New York State Police


Short Title
Cobwebs Contract

Description
To Whom It May Concern:Pursuant to the New York Freedom of Information Law, I hereby request the following records:All contracts, acquisition agreements, memoranda of understanding, and any other agreements signed between:- the New York State Police and/or the New York State Intelligence Center,- and the company known as Cobwebs Technologies, aka Cobwebs, aka Cobwebs America,- from January 1, 2023 to the present.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,Chris GelardiUpload documents directly: https://www.muckrock.com/

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FOIL Response Format
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If fees apply, please contact me if costs will be greater than
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Your FOIL request has been forwarded to the organization(s) you selected, and the respective Records Access Officer will contact you directly for further processing of your request. Please allow up to five business days for such communication(s). For your convenience, here is additional contact information:

New York State Police
1220 Washington Avenue
Bldg 22
Albany, NY 12226-2252

From: New York State Police

December 13, 2023

Chris Gelardi
MuckRock News, DEPT MR 155871
263 Huntington Avenue
Boston, Massachusetts 02115
Re: FOIL Number NYSP-23-12-1041
Dear Mr. Gelardi:
This will acknowledge receipt of your request for records under the Freedom of Information Law received by New York State Police on December 12, 2023. The request was for "Cobwebs Contract".
Your request has been forwarded to the appropriate program area(s) to identify documents that are responsive to your request, and which may be made available pursuant to all applicable provisions of the Freedom of Information Law.
A determination as to whether your request is granted or denied will be reached on or before June 6, 2024, or we will notify you in writing if the responsible program area(s) should require additional time to locate, assemble and review documents that may be responsive to your request.
Please note that, pursuant to Article 6 of the Public Officers Law, a charge may be applied to your request, including the actual cost of the medium used to respond to your Freedom of Information Law request and/or other related costs. When responsive records have been identified, you will be informed of any cost and how payment should be made.
PLEASE NOTE: **
As we have acknowledged your request, please refrain from submitting duplicate requests for the same records through Open FOIL. Submitting a duplicate request takes time away from processing the hundreds of requests received each month. If you have additional information to add to your request, or you would like to know the status of your request, please contact the FOIL Unit via email or call us at (518) 464-7100, option #2.
Sincerely,
[cid:image001.png@01DA2D97.E6EF6050]
Technical Lieutenant Rachel M. Robinson
Records Access Officer

________________________________

CONFIDENTIALITY NOTICE: This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system.

From: New York State Police

Please see the attached correspondence pertaining to your request for copies of records from the New York State Police.
-FOIL Unit

________________________________

CONFIDENTIALITY NOTICE: This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system.

From: Chris Gelardi

Dear FOIL Appeals Officer:

This is an appeal of FOIL NYSP-23-12-1041, completed on March 5, 2024, which yielded 53 pages of records. Specifically, this is an appeal of the redactions found on pages 18, 47, 52, and 53 of that package of yielded records.

The New York State Police redacted the documents based on Public Officers Law §87(2)(b) ("personal privacy"); §87(2)(d) ("trade secrets ... the disclosure of which would cause substantial injury to the competitive position of the vendor"); and §87(2)(d) ("intra-agency material").

Regarding §87(2)(d): The New York state Committee on Open Government, citing the United States Supreme Court (Kewanee Oil Co. v. Bicron Corp., 1973), has repeatedly made clear: "Trade secrets" refer only to actual secrets, "and must not be of public knowledge or of a general knowledge in the trade or business." (See the attached example COG advisory opinion.)

But in its redactions of pages 18, 47, 52, and 53 of the yielded documents, the New York State Police seem to have redacted any and all information related to a product it procurred from Cobwebs America, Inc. in November 2023, including the names of the products procurred.

As such, I request that a FOIL appeals officer review the redactions on pages 18, 47, 52, and 53, and re-produce the documents with only information related to actual trade secrets redacted.

Thank you for your time. Please feel free to email me at chris@nysfocus.com or call (419) 309-6331 if you have any questions.

Sincerely,
Chris Gelardi

From: New York State Police

Mr. Gelardi,

Please see attached in regards to the above-referenced NYSP FOIL appeal.

Thank you,
NYSP FOIL Unit

  • Gelardi, Chris - NYSP FOIL APPEAL (23-12-1041) (3.26.2024)

From: Chris Gelardi

Thank you! Looking forward to the determination.

From: New York State Police

Mr. Gelardi,

Please see attached in regards to the above-referenced NYSP FOIL appeal.

Thank you,
NYSP FOIL Unit

From: New York State Police

Mr. Gelardi,

Please see the attached correspondence pertaining to your request for copies of records from the New York State Police.
-FOIL Unit

________________________________

CONFIDENTIALITY NOTICE: This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system.

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