Manhattan District Attorney Hacking Team documents

Shawn Musgrave filed this request with the Manhattan District Attorney's Office of New York City, NY.
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Completed

Communications

From: Shawn Musgrave

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:

-All correspondence between the Manhattan District Attorney's Office and representatives from Hacking Team, including all attachments to any email correspondence from January 1, 2005 to the date this request is processed.

-All correspondence to or from employees of the Manhattan District Attorney's Office regarding Hacking Team from January 1, 2005 to the date this request is processed. For email correspondence, please search for the following keywords:

"Hacking Team"
"Remote Control System"
"RCS"
"Galileo"
"DANY_Galileo_BudgetaryProposal_150422"

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 fees cannot be waived, 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,

Shawn Musgrave

From: Manhattan District Attorney's Office

An acknowledgement letter, stating the request is being processed.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 27, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Gray, Thandiwe

Good Afternoon Mr. Musgrave,

I am in the process of reviewing the records that I believe are the subject of your FOIL request and wanted to confirm that you were interested in records from January 2005 to the date of the request. Currently, I am not aware of any correspondence between our office and the Hacking Team prior to 2013. As a result, I was wondering if the year 2005 was a typo or if not, if you had reason to believe we had correspondence with the Hacking Team dating back to that time period.

Please let me know when you get the chance.

Thank you.

Thandiwe Gray
Assistant District Attorney
Special Litigation Bureau
80 Centre Street
New York, NY 10013
(212) 335-9853

This email communication and any files transmitted with it contain privileged and confidential information from the New York County District Attorney's Office and are intended solely for the use of the individuals or entity to whom it has been addressed. If you are not the intended recipient, you are hereby notified that any dissemination or copying of this email is strictly prohibited. If you have received this email in error, please delete it and notify the sender by return email.

From: Shawn Musgrave

Hello -

Thank you for getting back to me. I am asking for a search of emails back to 2005. I provided you with emails back to 2013, which are what I have found so far.

Best,
Shawn

From: Manhattan District Attorney's Office

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: Shawn Musgrave

Assistant District Attorney Patricia J Bailey
Special Litigation Bureau
District Attorney of the County of New York
One Hogan Place
New York, NY 10013

Ms. Bailey:

This is an appeal of the rejection in full of my FOIL request submitted to the Manhattan District Attorney's Office.

On 07/27/2015, I requested the following documents from the Manhattan DA:

-All correspondence between the Manhattan District Attorney's Office and representatives from Hacking Team, including all attachments to any email correspondence from January 1, 2005 to the date this request is processed.

-All correspondence to or from employees of the Manhattan District Attorney's Office regarding Hacking Team from January 1, 2005 to the date this request is processed. For email correspondence, please search for the following keywords:

"Hacking Team"
"Remote Control System"
"RCS"
"Galileo"
"DANY_Galileo_BudgetaryProposal_150422"

In the attached letter dated September 21, ADA Thandiwe Gray rejected the request in full, citing a handful of exemptions to the FOIL. None of the invoked exemptions is sufficient on their face to justify withholding responsive documents in full. Rather, in the interest of maximal disclosure, your office is obligated to release in part any portions of the document which do not fall under the invoked exemptions.

As such, I ask that you remand this request back for a good faith search and provision of responsive documents.

Respectfully,
Shawn Musgrave
Reporter, MuckRock

From: Manhattan District Attorney's Office

A letter stating that the request appeal has been succesful.

From: Manhattan District Attorney's Office

A cover letter granting the request and outlining any exempted materials, if any.

From: Manhattan District Attorney's Office

A copy of documents responsive to the request.

From: Gray, Thandiwe

Our response (see attached) was sent out on Tuesday and should be arriving shortly.

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