NYPD Hacking Team emails and acquisition docs

Shawn Musgrave filed this request with the New York City Police Department of New York City, NY.

It is a clone of this request.

Tracking # 15PL77888
Status
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 emails exchanged with Hacking Team (hackingteam.com) between January 1, 2010 and the date this request is processed. Please include all attachments.

-All nondisclosure agreements or other agreements signed with Hacking Team between January 1, 2010 and the date this request is processed.

-All contracts, purchase orders, and invoices for Hacking Team products from January 1, 2010 to the date this request is processed.

Per emails published by WikiLeaks, two NYPD officers, at least, have communicated with Hacking Team since 2013:

https://wikileaks.org/hackingteam/emails/emailid/2464
https://wikileaks.org/hackingteam/emails/emailid/823988

One of these officers, Sgt. Kevin Branzetti, is also cc'd on numerous emails exchanged between the Manhattan District Attorney's Office and Hacking Team regarding a product demonstration that took place in spring 2015.

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: New York City Police Department

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 30, 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: 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 30, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2015-PL-7888.

Thanks for your help, and let me know if further clarification is needed.

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 30, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2015-PL-7888.

Thanks for your help, and let me know if further clarification is needed.

From: New York City Police Department

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

From: Shawn Musgrave

Jonathan David, Records Access Appeals Officer
New York City Police Department
One Police Plaza, Room 1406
New York, NY 10038

Mr. David -

This is an appeal for the NYPD's rejection of FOIL 2015-PL-7888, in which I requested:

-All emails exchanged with Hacking Team (hackingteam.com) between January 1, 2010 and the date this request is processed. Please include all attachments.

-All nondisclosure agreements or other agreements signed with Hacking Team between January 1, 2010 and the date this request is processed.

-All contracts, purchase orders, and invoices for Hacking Team products from January 1, 2010 to the date this request is processed.

In the attached letter dated October 13, Lt. Mantellino indicates that his search did not yield any documents pertaining to acquisition, and that he has rejected my request for emails exchanged with Hacking Team. I appeal both the adequacy of Lt. Mantellino's search, as well as his rejection in full of my request for communications regarding Hacking Team.

In particular, Lt. Mantellino's rejection applies template, boilerplate invocation of an exemption to the FOIL statute without articulating how it applies specifically to the requested documents. This is inappropriate and entirely contrary to the purpose of FOIL.

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

Respectfully,
Shawn Musgrave
MuckRock

From: New York City Police Department

A copy of documents responsive to the request.

From: New York City Police Department

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

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