BlueLeaks Bulletins (Oregon Titan Fusion Center)

Emma North-Best filed this request with the Oregon Titan Fusion Center of Oregon.
Multi Request BlueLeaks Bulletins
Est. Completion None
Status
Fix Required

Communications

From: Emma North-Best


To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records:

A copy of (U//FOUO) IIB - Criminal Hackers Target US Law Enforcement Data, created on or about June 26, 2020, as well as bulletins and alerts generated, sent or received mentioning or describing "BlueLeaks" (sometimes spelled "Blue Leaks"), "Distributed Denial of Secrets" or "DDoSecrets". You may limit this request to records created between June 18, 2020 and the date of the processing of this request.

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.

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 10 business days.

Sincerely,

Emma Best

From: Oregon Titan Fusion Center

Dear Ms. Best,

This email is to confirm receipt of your below request for public records. The Department of Justice will search for responsive records and respond as soon as practicable.

Sincerely,

Emily Anderson
Oregon Department of Justice

From: Oregon Titan Fusion Center

Dear Ms. Best,

We identified documents responsive to your request but have determined that they are exempt from disclosure under ORS 192.355(9)(a) (incorporating OAR 137-090-0040), and ORS 192.355(8) (incorporating 42 USC 3782(a), 42 USC 3789g and 28 CFR Part 23) relating to interagency sharing of criminal intelligence information. In accordance with ORS 192.329(2)(f), you may seek a review of this determination pursuant to 192.401, 192.411, 192.415, 192.418, 192.422, 192.427 and 192.431.

Sincerely,

Emily Anderson
Oregon Department of Justice

From: Emma North-Best

OAR 137-090-0040 does not itself prohibit the disclosure of the records. It is not clear how 28 CFR Part 23 prohibits the sharing of interagency information. 42 U.S.C. § 3782(a) merely authorizes federal agencies to establish rules and regulations. 42 U.S.C. § 3789g does not seem to prohibit the sharing of the information, but does state that "an individual who believes that criminal history information concerning him contained in an automated system is inaccurate, incomplete, or maintained in violation of this chapter, shall, upon satisfactory verification of his identity, be entitled to review such information and to obtain a copy of it for the purpose of challenge or correction."

As I have good reason to believe the information is inaccurate (see https://www.theverge.com/2020/8/13/21365448/blueleaks-dhs-distributed-denial-secrets-dds-ddosecrets-police) and about myself and my organization, this clearly provides for the release of the information.

For these reasons and more, I seek a review of this determination in accordance with ORS 192.329(2)(f), pursuant to 192.401, 192.411, 192.415, 192.418, 192.422, 192.427 and 192.431.

From: Oregon Titan Fusion Center

Good morning Ms. Best,

I understand you are asking us to review DOJ’s previous denial of your records request. Because the AG is an elected official, any such review would need to be pursued pursuant to ORS 192.418(2) in circuit court. See Public Records Order, Mar 14, 2019, Friedman<https://cdm17027.contentdm.oclc.org/digital/collection/p17027coll2/id/2179/rec/1>.

Regards,

Andrew C. Foltz
Senior Assistant Attorney General | Public Records Counsel | General Counsel Division
Oregon Department of Justice
1162 Court Street NE, Salem OR 97301-4096

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