NDAs Etc with Grayshift and Magnet Forensics (Omaha Police Department)

Dear Joseph Cox:
Thank you for your interest in public records of the City of Omaha. Your request has been received and is being processed. Your request was received in this office on 5/14/2021 and given the reference number P000588-051421 for tracking purposes. Records Requested: To Whom It May Concern:

Pursuant to the Nebraska Public Records Act, I hereby request the following records:

- Copies of Memorandums of Understanding (MOUs), Memorandums of Agreement (MOAs), and Non-Disclosure Agreements (NDAs) with Grayshift.
- Copies of Memorandums of Understanding (MOUs), Memorandums of Agreement (MOAs), and Non-Disclosure Agreements (NDAs) between your agency and Magnet Forensics.

In order to help to determine my status to assess fees, you should know that I am a journalist writing for Motherboard, VICE's science and technology site, and that this request is being made as part of news gathering.

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 4 business days, as the statute requires.

Sincerely,

Joseph Cox

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City of Omaha

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City of Omaha
Jean Stothert, Mayor Todd R. Schmaderer
Chief of Police

Omaha Police Department
“To Serve and Protect”
505 South 15th Street
Omaha, Nebraska 68102-2769
(402) 444-5600
(402) 444-5898
police.cityofomaha.org (mailto:police.cityofomaha.org) Dear Mr. Cox, I am responding to your request on behalf of the Omaha Police Department.  In your request dated May 14, 2021, you sought a copy of the Memorandums of Understanding (MOUs), Memorandums of Agreement (MOAs), and/or Non-Disclosure Agreements (NDAs) between the Omaha Police Department and Magnetic Forensics and Grayshift.  Your request is made pursuant to the provisions of the Nebraska Public Records Act. This is the response required by NEB. REV. STAT. § 84-712(4) Though we do use their products, the Omaha Police Department does not have an MOU or an MOA with Magnetic Forensics or with Grayshift.  We also do not have an NDA with Magnetic Forensics.  We do have an NDA with Grayshift, but that cannot be released because it is considered strategic and tactical in nature. Section 84-712.03 of the Nebraska Revised Statutes may grant you the right to administrative or judicial review of this response.  Please consult the statute for further information. A formal copy of this response has been uploaded to your account under the Portal. If you have any questions about the legal basis for this response, please contact me at 402.444.6089. Respectfully, Anna

Dear Joseph Cox,

RE: PUBLIC RECORDS REQUEST of May 14, 2021, Reference # P000588-051421

The X has reviewed your request and has determined that the records requested are exempt from disclosure under Public Records Act for the following reasons:

[FOIA_EXEMPTIONS]

If you have any questions or need additional information, please feel free to contact my office at 402-444-6089.

Sincerely,

Anna Colon
Deputy Chief
Police Department