BlueLeaks (New York City Police Department)

Emma North-Best filed this request with the New York City Police Department of New York City, NY.
Tracking #

2020-056-09460

Multi Request BlueLeaks
Status
Rejected

Communications

From: Emma North-Best


To Whom It May Concern:

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

1. Documents mentioning, describing or generated in response to the BlueLeaks release, the preceding hack or subsequent fallout, including but not limited to:

* Damage assessments
* Emails
* Interagency communications (local, state, or federal)
* Communications with the press about BlueLeaks
* Communications with Twitter or other social media or sharing platforms

2. Documents mentioning or describing Distributed Denial of Secrets (DDoSecrets)

You may limit this request to records generated between November 1, 2018 and the present.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and the journalist non-profit MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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,

Emma Best

From: New York City Police Department

Your request FOIL-2020-056-09460 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.

Request Type: Other Request
Requester's Contact Information



Name:
Emma Best

Title:
Not provided

Organization:
Not provided

Email:
requests@muckrock.com (mailto:requests@muckrock.com)

Phone Number:
Not provided

Fax Number:
Not provided

Street Address (line 1):
Not provided

Street Address (line 2):
Not provided

City:
Not provided

State:
Not provided

Zip Code:
Not provided

You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-09460. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-09460)

From: New York City Police Department

The New York City Police Department (NYPD) has denied your FOIL request FOIL-2020-056-09460 for the following reasons:
The Freedom of Information Law allows access to existing documents and does not necessitate the creation of a document. I am unable to provide access to these documents on the basis that your request does not reasonably describe a record in a manner that would enable a search to be conducted by the New York City Police Department.
Please visit FOIL-2020-056-09460 to view additional information and take any necessary action. You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: foilappeals@nypd.org within 30 days. (mailto:foilappeals@nypd.org?subject=FOIL-2020-056-09460%20-%20Appeal)

From: Emma North-Best

I am appealing the decision in its entirety, as subjects and searchable.

From: New York City Police Department

Appeal determination attached.

Respectfully,

Jordan S. Mazur, Esq.
Sergeant
Records Access Appeals Officer
NYPD Legal Bureau
1 Police Plaza, Room 1406
New York, NY 10038
FOILAppeals@NYPD.org<mailto:FOILAppeals@NYPD.org>

CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication. Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.

From: Emma North-Best

The response was not issued on July 1st, but September 1st. I responded within 10 days.

From: New York City Police Department

Appeal determination was issued for this request on September 12.

Respectfully,

Jordan S. Mazur, Esq.
Sergeant
Records Access Appeals Officer
NYPD Legal Bureau
1 Police Plaza, Room 1406
New York, NY 10038
FOILAppeals@NYPD.org<mailto:FOILAppeals@NYPD.org>

CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication. Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.

From: Emma North-Best

I am aware of that.

" The RAO determination was issued on July 1, 2020 with specific instructions on the appeal process, including where to send the appeal and within how many days as required by FOIL (“within 30 days”); however, your appeal was not emailed until September 11, 2020."

Your initial response was sent on September 1st, not July 1st. I appealed on September 11th, well within the 30 day limit.

You rejected the appeal stating I had not replied within the 30 day limit. I am pointing out that is patently and clearly false. You are responding by pointing out irrelevant information.

From: New York City Police Department

If you scroll down in this email thread, I’ve highlighted for you the portion that shows that the request was denied on July 1. I’m also attaching the email that was sent on July 1 denying your request. Take care.

Respectfully,

Jordan S. Mazur, Esq.
Sergeant
Records Access Appeals Officer
NYPD Legal Bureau
1 Police Plaza, Room 1406
New York, NY 10038
FOILAppeals@NYPD.org<mailto:FOILAppeals@NYPD.org>

CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication. Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.

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