MDFT Policies, Acquisitions, and Use Data

Chris Gelardi filed this request with the New York State Division of Criminal Justice Services of New York.
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From: Chris Gelardi

To Whom It May Concern:

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

(1) All current Division of Criminal Justice Services (DCJS) and Crime Analysis Center Network policies and procedures related to the use of mobile device forensic tools, otherwise known as MDFTs. "MDFT" refers to any software, hardware, process, or service that is capable of any of the following: extracting any data from a mobile device; recovering deleted files from a mobile device; or bypassing mobile device passwords, locks, or other security features.

(2) All DCJS and Crime Analysis Center Network records reflecting an agreement for purchase, acquisition, or license of MDFTs, or permission to use, test, or evaluate MDFTs since 2015.

(3) Records reflecting the DCJS and Crime Analysis Center Network's aggregate use of MDFTs during calendar year 2021 -- for example, monthly reports that reflect the total number of MDFT cases for each month, broken down by type of crime, and number and type of phones, and number and type of other devices.

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 Division of Criminal Justice Services

Dear Chris Gelardi:

This will acknowledge receipt of your request for records under the Freedom of Information Law received by the Division of Criminal Justice Services on March 18, 2022. The request was for MDFT Policies, Acquisitions, and Use Data “”.

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 in approximately 20 business days 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.

As part of the ongoing response to the COVID-19 pandemic, some or all agency employees may be working off-site. As such, there may be delays in response to FOIL requests. If a record responsive to a request is only available in hard-copy format, that record’s availability will be limited until further notice. Thank you for your patience during this extraordinary time. ​

Very truly yours,

Brian Garvey, Esq.
Records Access Officer

From: New York State Division of Criminal Justice Services

Dear Chris Gelardi,

This is in response to your Freedom of Information Law ("FOIL") request to the Division of Criminal Justice Services ("Division") seeking "(1) All current Division of Criminal Justice Services (DCJS) and Crime Analysis Center Network policies and procedures related to the use of mobile device forensic tools, otherwise known as MDFTs. "MDFT" refers to any software, hardware, process, or service that is capable of any of the following: extracting any data from a mobile device; recovering deleted files from a mobile device; or bypassing mobile device passwords, locks, or other security features.
(2) All DCJS and Crime Analysis Center Network records reflecting an agreement for purchase, acquisition, or license of MDFTs, or permission to use, test, or evaluate MDFTs since 2015.
(3) Records reflecting the DCJS and Crime Analysis Center Network's aggregate use of MDFTs during calendar year 2021 -- for example, monthly reports that reflect the total number of MDFT cases for each month, broken down by type of crime, and number and type of phones, and number and type of other devices."

Please be advised that no Crime Analysis Centers have "MDFT" technology within them. Accordingly, the Division has no records that are responsive to your request.

Pursuant to Public Officers Law §89(4)(a), you may appeal this determination within thirty days to the Counsel, Division of Criminal Justice Services, 80 South Swan St., Albany, NY 12210 or by email at foil@dcjs.ny.gov<mailto:foil@dcjs.ny.gov>.

Very truly yours,

Brian Garvey
Records Access Officer

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