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

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), 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

Hey,

Thank you for the estimated date of reply, cheers,

Thanks for the response—appreciated.