Contracts and Policies Regarding IMSI Catchers

Curtis Waltman filed this request with the Oakland County Sheriff's Office of Oakland County, MI.
Tracking # F002711-120716
Status
Rejected

Communications

From: Curtis Waltman

To Whom It May Concern:

Pursuant to Michigan's Freedom of Information Act ("FOIA"), I hereby request the following records:

Documents concerning IMSI catchers or any of the following words: "Stingray", "cell site simulator", or "dirtbox". including:
-Contracts with the Harris Corporation regarding the acquisition of their Stingray, Hailstorm, Harpoon, Amberjack, Gossamer, Triggerfish, or KingFish IMSI catchers.
-Contracts with Digital Receiver Technology for any of their "DRTbox" devices
-Department policies and procedure regarding the use of IMSI catcher technology
-policies and procedures on the keeping of statistics about the Department's use and acquisition of IMSI catchers

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,

Curtis Waltman

From: Oakland County Record Center

Dear Curtis Waltman,
Thank you for registering with the Oakland County Records Center.  Please log in to the Records Center to update any contact or password information and to track the progress of your request.
Login: requests@muckrock.com

If you have never used this system or cannot remember your password you may request a temporary password here: Request Temporary Password (http://oaklandcountymi.mycusthelpadmin.com/WEBAPP/_rs/forgotpassword.aspx)
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

From: Oakland County Record Center

Dear Curtis Waltman:

Thank you for your interest in public records from Oakland County, Michigan. Your request has been received and is being processed in accordance with the Freedom of Information Act, Public Act 422 of 1976, as amended, MCL. 15.231 et. seq. Your request was given the reference number F002604-113016 for tracking purposes.

Records Requested: Documents concerning IMSI catchers or any of the following words: "Stingray", "cell site simulator", or" dirtbox", including:-Contracts with the Harris Corporation regarding the acquisition of their Stingray, Hailstorm, Harpoon, Amberjack, Gossamer, Triggerfish, or KingFish IMSI catchers.-Contracts with Digital Receiver Technology for any of their "DRTbox" devices-Department policies and procedure regardingthe use of IMSI catcher technology-policies and procedures on the keeping of statistics about the Department's use and acquisition of IMSI catchers

Your request will be forwarded to the relevant County department(s) to locate the information you seek and to determine the costs, if any, associated with satisfying your request. You will be contacted when we determine if the records you requested are available and if there is a cost for you to obtain the records you requested.

PLEASE NOTE: The Michigan Freedom of Information Act does not require a governmental body to create new information or answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

Again, thank you for using the FOIA Records Center.

Oakland County, Michigan
To monitor the progress or update this request please log into the
FOIA Record Center. (http://oaklandcountymi.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=4404&coid=)

From: Oakland County Record Center

--- Please respond above this line ---

Mr. Waltman,

I am contacting you to inform you that this FOIA request is being processed and you are due to be responded to by 12/7/16 at which point we will provide you with the answers to your request, deny the request or request and extension if need be.

If you have any questing you are welcome to contact me directly at (248) 858-5153.

Andrea Zysk
FOIA Coordinator To monitor the progress or update this request please log into the
FOIA Record Center. (http://oaklandcountymi.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=4404&coid=)

From: Oakland County Record Center

Dear Curtis Waltman:

Thank you for your interest in public records from Oakland County, Michigan. Your request has been received and is being processed in accordance with the Freedom of Information Act, Public Act 422 of 1976, as amended, MCL. 15.231 et. seq. Your request was given the reference number F002711-120716 for tracking purposes.

Records Requested: Documents relating to any agreements, contracts or instances where the Department loaned our a cell site simulator (including Sting Ray, Amber Jack, Hailstorm, Kingfish, Gossamer, Triggerfish, or DRTboxes) to another law enforcement department. This includes: emails, memos, written requests, invoices, contracts or other agreements and any documentation on specific instances where a cell site simulator was loaned out

Your request will be forwarded to the relevant County department(s) to locate the information you seek and to determine the costs, if any, associated with satisfying your request. You will be contacted when we determine if the records you requested are available and if there is a cost for you to obtain the records you requested.

PLEASE NOTE: The Michigan Freedom of Information Act does not require a governmental body to create new information or answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

Again, thank you for using the FOIA Records Center.

Oakland County, Michigan
To monitor the progress or update this request please log into the
FOIA Record Center. (http://oaklandcountymi.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=4513&coid=)

From: Oakland County Record Center

--- Please respond above this line ---

12/07/2016

Staff Reporter Curtis Waltman
Muckrock.com
DEPT MR 30368 411 A Highland Ave.
Somerville, MA 02144-2516
requests@muckrock.com

RE: FOIA REQUEST of November 30, 2016, Reference # F002604-113016

Dear Staff Reporter Curtis Waltman:

This letter is in response to your Freedom of Information Act (FOIA) request referenced above.

This letter is to notify you that Oakland County is extending, for not more than ten (10) business days, the period within which it will respond to this request.  This extension is being issued pursuant to the Freedom of Information Act (MCL 15.235(2)(d).

A further response to this request will be made by 12/21/2016, at which time, the County will grant your request, or deny your request, in whole or in part.  At that time, the County will also give you an estimate of the fee, if any, and tell you if a deposit is required.

Oakland County’s FOIA Procedures and Guidelines, and its Public Summary, can be found at https://www.oakgov.com/FOIA (https://www.oakgov.com/FOIA)

Sincerely,

Andrea Zysk
Sheriff's Office To monitor the progress or update this request please log into the
FOIA Record Center. (http://oaklandcountymi.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=4404&coid=)

From: Oakland County Record Center

--- Please respond above this line ---

12/08/2016

Staff Reporter Curtis Waltman
Muckrock.com
DEPT MR 30368 411 A Highland Ave.
Somerville, MA 02144-2516
requests@muckrock.com

RE: FOIA REQUEST of November 30, 2016, Reference # F002604-113016

Dear Curtis Waltman:

This letter is in response to your Freedom of Information Act (FOIA) request referenced above.

Your requests for thefollowing:
Documentsconcerning IMSI catchers or any of the following words: Stingray, Cell SiteSimulator or Dirtbox.
Contracts withthe Harris Corporation regarding the acquisition of their Stingray, Hailstorm,Harpoon, Amberjack, Gossamer, Triggerfish and KingFish IMSI catchers.
Contracts withDigital Receiver Technology for any of their “DRTbox” devices.
Departmentpolicies and procedures regarding the use of IMSI catcher technology.
The records you seek areexempt from disclosure pursuant to MCL 15.243 (1)(d) (i.e., the HomelandSecurity Act of 2002, 6 USC 482 (e), and the International Traffic in ArmsRegulations) and MCL 15.243 (1)(y) measures designed to protect the security orsafety of persons or property, and disclosure would impair this ability.
Your request for policies and procedures on thekeeping of statistics about the Department’s use and acquisition of IMSIcatchers is denied, no record exists.
YOUR FURTHER LEGAL RIGHTS

To the extent that this response, in your opinion, constitutes a denial of your Freedom of Information Act (FOIA) rights, your statutory remedies are as follows:
For FOIA denials, you may submit to the head of the public body a written appeal that specifically states the word "appeal" and identifies the reason or reasons for reversal of the denial. Within 10 business days after the head of the public body receives a written appeal he or she will do one of the following:
* Reverse the denial.
* Issue a written notice to you upholding the denial.
* Reverse the denial in part and issue a written notice to you upholding the denial in part.
* Under unusual circumstances, issue a notice extending for not more than 10 business days the time to respond.
You may begin a civil action in circuit court to compel the public body’s disclosure of the public records within 180 days after a public body’s final determination to deny a request.

You have the right to receive attorneys' fees and damages as provided in MCL 15.240 if, after judicial review, the court determines that the public body has not complied with MCL 15.235 and orders disclosure of all or a portion of a public record.
For fee appeals, if the public body requires a fee that, in your opinion, exceeds the amount permitted under its procedures and guidelines or MCL 15.234, you may submit to the head of the public body a written fee appeal for a fee reduction that specifically states the word "appeal" and identifies how the required fee exceeds the amount permitted. Within 10 business days after the head of the public body receives a written fee appeal, he or she will do one of the following:
* Waive the fee.
* Reduce the fee and issue a written determination to the requesting person indicating the basis for the remaining fee.
* Uphold the fee and issue a written determination to the requesting person indicating the basis for upholding the fee.
* If necessary, issue a notice extending for not more than 10 business days the time to respond.
Within 45 days after the head of the public body issues a written determination on the fee appeal or if the head of the public body failed to respond to the fee appeal, you may begin a civil action in circuit court.

Oakland County’s FOIA Procedures and Guidelines, and its Public Summary, can be found at https://www.oakgov.com/FOIA (https://www.oakgov.com/FOIA)

Sincerely,

Andrea Zysk
Sheriff's Office To monitor the progress or update this request please log into the
FOIA Record Center. (http://oaklandcountymi.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=4404&coid=)

From: Oakland County Record Center

--- Please respond above this line ---

12/08/2016

Staff Reporter Curtis Waltman
Muckrock.com
DEPT MR 30368 411 A Highland Ave.
Somerville, MA 02144-2516
requests@muckrock.com

RE: FOIA REQUEST of December 07, 2016, Reference # F002711-120716

Dear Curtis Waltman:

This letter is in response to your Freedom of Information Act (FOIA) request referenced above.

Your requests for documentsrelating to any agreements, contracts or instances where the Department hasloaned out a cell site simulator (including Sting Ray, Amber Jack, Hailstorm,Kingfish, Gossamer, Triggerfish, or DRTboxes) to another law enforcementdepartment, to include emails, memos, written requests, invoices, contracts andany/all documentation is denied.
The records you seek areexempt from disclosure pursuant to the following:
Specificallydescribed and exempt from disclosure by statute (i.e., the Homeland SecurityAct of 2002, 6 USC 482 (e), and the International Traffic in Arms Regulations).MCL 15.243(1)(d).
Communications betweenpublic bodies of an advisory nature. MCL 15.243(1)(m).
Measures designedto protect the security or safety of persons or property, and disclosure wouldimpair this ability. MCL 15.243(1)(y)
YOUR FURTHER LEGAL RIGHTS

To the extent that this response, in your opinion, constitutes a denial of your Freedom of Information Act (FOIA) rights, your statutory remedies are as follows:
For FOIA denials, you may submit to the head of the public body a written appeal that specifically states the word "appeal" and identifies the reason or reasons for reversal of the denial. Within 10 business days after the head of the public body receives a written appeal he or she will do one of the following:
* Reverse the denial.
* Issue a written notice to you upholding the denial.
* Reverse the denial in part and issue a written notice to you upholding the denial in part.
* Under unusual circumstances, issue a notice extending for not more than 10 business days the time to respond.
You may begin a civil action in circuit court to compel the public body’s disclosure of the public records within 180 days after a public body’s final determination to deny a request.

You have the right to receive attorneys' fees and damages as provided in MCL 15.240 if, after judicial review, the court determines that the public body has not complied with MCL 15.235 and orders disclosure of all or a portion of a public record.
For fee appeals, if the public body requires a fee that, in your opinion, exceeds the amount permitted under its procedures and guidelines or MCL 15.234, you may submit to the head of the public body a written fee appeal for a fee reduction that specifically states the word "appeal" and identifies how the required fee exceeds the amount permitted. Within 10 business days after the head of the public body receives a written fee appeal, he or she will do one of the following:
* Waive the fee.
* Reduce the fee and issue a written determination to the requesting person indicating the basis for the remaining fee.
* Uphold the fee and issue a written determination to the requesting person indicating the basis for upholding the fee.
* If necessary, issue a notice extending for not more than 10 business days the time to respond.
Within 45 days after the head of the public body issues a written determination on the fee appeal or if the head of the public body failed to respond to the fee appeal, you may begin a civil action in circuit court.

Oakland County’s FOIA Procedures and Guidelines, and its Public Summary, can be found at https://www.oakgov.com/FOIA (https://www.oakgov.com/FOIA)

Sincerely,

Andrea Zysk
Sheriff's Office To monitor the progress or update this request please log into the
FOIA Record Center. (http://oaklandcountymi.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=4513&coid=)

From: Zysk, Andrea L

Mr. Waltman,

Attached is the response to your most recent FOIA request. This response was sent out last week but you might have missed it. I've been told that sometimes they end up in Junk Mail.

[ANDREA ZYSK SIGNATURE]<http://www.oaklandsheriff.com/>

From: Oakland County Record Center

Attachments:
Denial.doc (https://oaklandcountymi.s3.amazonaws.com/a7e2e2c2-24e9-d7c2-2df1-4c71bf17b14e.doc?AWSAccessKeyId=AKIAJDIRQUGD64MY5L4A&Expires=1488989979&response-content-disposition=attachment%3B%20filename%3DDenial.doc&Signature=rXdrd21PHNcE2gyon7ENF5ygGsg%3D)
--- Please respond above this line ---

Dear Curtis Waltman,

It is my understanding that you did not receive the response to your FOIA request dated 12/07/16. I've attached a copy of the letter that was mailed out, for your records.

Please feel free to contact me at (248) 858-5153 if you need any further assistance.

Sincerely,

Andrea Zysk
FOIA Coordinator To monitor the progress or update this request please log into the
FOIA Record Center. (http://oaklandcountymi.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=4513&coid=)

From: Zysk, Andrea L

Dear Mr. Waltman,

Please find the attached responses to your FOIA requests placed at the end of November and early December 2016. It is my understanding that you did not receive these. Please feel free to contact me directly if you are in need of any further assistance regarding any past of future FOIA requests.

Sincerely,

[ANDREA ZYSK SIGNATURE]<http://www.oaklandsheriff.com/>

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