PENNSYLVANIA PUBLIC RECORDS REQUEST – IMSI-CATCHER EQUIPMENT

Michael Dank filed this request with the Philadelphia Sheriff's Office of Philadelphia County, PA.
Est. Completion None
Status
Awaiting Response

Communications

From: Michael Dank


To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

- Number, if any, of IMSI-catcher or cell phone interception devices (commonly called stingrays or hailstorms) owned by this department or agency.

- Number, if any, of IMSI-catcher or cell phone interception devices (commonly called stingrays or hailstorms) available for use by this department or agency via collaborative agreements that were utilized within the period encompassing this request. Please provide the name of the department or agency that made IMSI-catcher devices available to this department or agency for use.

- Any documents or correspondence during the period encompassing this request regarding possible or planned acquisition of an IMSI-catcher device.

- Any existing or proposed usage policies regarding the use of cell phone interception technology including protocols, training documents and data storage procedures.

- Any current or past litigation involving or referencing this department or agency involving the use of cell phone interception technology.

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,

Michael Dank

From: Muckrock Staff

To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

- Number, if any, of IMSI-catcher or cell phone interception devices (commonly called stingrays or hailstorms) owned by this department or agency.

- Number, if any, of IMSI-catcher or cell phone interception devices (commonly called stingrays or hailstorms) available for use by this department or agency via collaborative agreements that were utilized within the period encompassing this request. Please provide the name of the department or agency that made IMSI-catcher devices available to this department or agency for use.

- Any documents or correspondence during the period encompassing this request regarding possible or planned acquisition of an IMSI-catcher device.

- Any existing or proposed usage policies regarding the use of cell phone interception technology including protocols, training documents and data storage procedures.

- Any current or past litigation involving or referencing this department or agency involving the use of cell phone interception technology.

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,

Michael Dank

From: Philadelphia Sheriff's Office

CITY OF PHILADELPHIA LAW DEPARTMENT One Parkway Building 1515 Arch Street Philadelphia, PA 19102 Marcel S. Pratt City Solicitor  BY EMAIL: requests@muckrock.com Re: FW: Three RTKs Request 3 Request #: 2658 Dear Michael Dank: Thank you for writing to the City of Philadelphia (“City”) with your request for information. A brief description of your request(s) as well as the City’s internal tracking number can be found below. This letter serves as an acknowledgement of receipt of your request and notice of the City’s Open Records Policy pursuant to the Right to Know Law. Please note at the outset that written requests for records to state and local agencies in Pennsylvania are generally governed by the Commonwealth’s Right to Know Law (the “Act” or “RTK Law”), 65 P.S. §§ 67.101-67.3104. In accordance with the Act, the City has promulgated an Open Records Policy, which requires the standard statewide Right to Know Form be used for the submission of written requests pursuant to the Act (“RTK Requests”). See 65 P.S. § 67.504(a); Dekok v. Lancaster County, AP 2010-1197, 2011 PA O.O.R.D. LEXIS 25 at *5 and n.1 (Pa. O.O.R. Jan. 17, 2011) (holding that in accordance with the Right to Know Law, an agency may adopt a policy requiring the use of the standard statewide form established by the Office of Open Records in order to file a Right to Know Request); accord Pa. Gaming Control Bd. v. Office of Open Records, 48 A.3d 503 (Pa. Cmmw. 2012). As your request was not submitted on or with the standard statewide form, the City does not consider your request to be a RTK Request pursuant to the Act and will process it as an informal request. You do not have to resubmit your request for the City to respond unless you are specifically informed otherwise. The City reserves the right to require a formal RTK Request be submitted pursuant to the Act before releasing records. The City is continuing to process the request you have submitted as an informal request outside the Act and will be in touch with you further to respond to your request. However, if you would like to file a RTK Request, please submit your request on or with the standard statewide Right to Know Form and address your request to the appropriate open records officer in accordance with the City’s Right to Know Policy.  Please include this notice with your RTK Request. Please note that if you resubmit your request as a written request pursuant to the Act the City will deem your informal request to have been withdrawn.  The City’s Open Records Policy can be found here:  http://www.phila.gov/privacy/pdfs/FinalCityOpenRecords.pdf The statewide form appears at the end of the City’s Right to Know Policy. If you require a hard copy of the form and/or policy, please let me know and one will be provided. The City reserves the right to assert any and all grounds of denial in its final response to your request. Respectfully, Jill I. Freeman Deputy City Solicitor (215) 683-5069 (fax) Tracking #: Dank 2658 Request Summary: Records related to IMSI-catcher or cell phone interception devices. Original Request:
Rec’d: 9/24/18



 



 


Ticket attachments :
1. MuckRock RTK.pdf

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