PA State and Local Law Enforcement Agency Stingray Contracts (Pittsburgh Bureau of Police)

To Whom It May Concern:

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

All Stingray surveillance technology contracts between Melbourne, FL based Harris Corporation and the following law enforcement agencies: the Southeastern Pennsylvania Regional Task Force (SEPA-RTF), Pennsylvania State Police, Philadelphia Police Department, and the Pittsburgh Police Department.

The time frame for this request encompasses 1 January 2011 up to and including the date this request is officially processed.

I am providing the following keywords that records staff should use in their search for responsive documents: "Amberjack", "KingFish", "Harpoon", "RayFish", and "Stingray".

I expect to be provided with all segregable portions of otherwise exempt material. Please separately state your reasons for not invoking your discretionary powers to release requested documents in the public interest.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

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,

Dustin Slaughter

Thank you for your prompt response, Mr. Smith. I look forward to your response no later than Friday, March 28th.

Sincerely,
Dustin Slaughter

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 19, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-1-52.

Thank you for your help.

Dear Mr. Mutchler,

This is an appeal to the Pittsburgh Police Department's denial of my Right-to-Know request, #2014-1-52 dated 19 February, 2014. This request seeks:

All Stingray surveillance technology contracts between Melbourne, FL based Harris Corporation and the following law enforcement agencies: the Southeastern Pennsylvania Regional Task Force (SEPA-RTF), Pennsylvania State Police, Philadelphia Police Department, and the Pittsburgh Police Department.

The time frame for this request encompasses 1 January 2011 up to and including the date this request was officially processed.

I am providing the following keywords that records staff should use in their search for responsive documents: "Amberjack", "KingFish", "Harpoon", "RayFish", and "Stingray".

On 10 March, 2014, Pittsburgh Police Department's (PPD) Open Records Officer responded as follows:

"Upon investigation, I've determined that no such records exist and your
request is denied. No such contracts as referred to in your request were
ever entered into by the City. To the extent anything requested is not
being provided, the RTKL instructs that the City is not required to create
records which do not currently exist or maintain information in a form in
which it does not currently exist. See 65 P.S. §67.705. Additionally,
nothing in the RTKL shall be construed to modify, rescind or supersede any
of the City's record retention policies. See 65 P.S. §67.507."

As this USA Today article on Stingray technology use by law enforcement agencies indicates, most major metropolitan departments either contract or have a sharing agreement with a federal agency, such as the FBI:

http://www.usatoday.com/story/news/nation/2013/12/08/cellphone-data-spying-nsa-police/3902809/

PPD's Open Records Officer cites 65 P.S. §67.705, in part, for denying my request. Specifically "...City is not required to create records which do not currently exist or maintain information in a form in which it does not currently exist."

I want to ensure that the PPD makes every effort to locate *any* responsive material and not use 65 P.S. §67.705 as a loophole by taking the word "contract" and using it to exclude any memorandums of understanding (MOU) or other documented sharing agreements between PPD and a federal agency such as the FBI.

I humbly request that this appeal, and your mediation, Mr. Mutchler, ensure that a good faith effort is made by PPD regarding both "contracts" and "MOUs"

I also would appreciate PPD signing an attestation of non-existence form for both "contracts" and "MOUs".

Thank you in advance for your cooperation and assistance, Mr. Mutchler, and I thank the Pittsburgh Police Department for their prompt response to my request.

I can be reached via this MuckRock email.

Sincerely,

Dustin Slaughter

Hello,

Attached please find an appeal of the below RTK submitted to the Pittsburgh Police Department.

Thank you.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 19, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #00553.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 19, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #00553.

Thank you for your help.