Cell site simulator documents (Raleigh Police Department)

Nick de la Canal filed this request with the Raleigh Police Department of Raleigh, NC.

It is a clone of this request.

Status
Completed

Communications

From: Nick de la Canal

To Whom It May Concern:

Pursuant to North Carolina Public Records Law (G.S. §§ 132-1 through 132-10), I hereby request the following documents:

A copy of all agreements, contracts, memos or emails between the Raleigh Police Department and the Harris Corporation.
A copy of all agreements, contracts, memos or emails between the Raleigh Police Department and the Boeing company.
A copy of all meeting minutes for meetings pertaining to cell site simulators, IMSI catchers, "Stingray" devices, "DRTBox" devices or "KingFish" devices.
A copy of all letters, agreements or other documents containing guidelines or instructions for responding to FOIA requests or equivalent state or local law pertaining to the Harris Corporation, Boeing, cell site simulators, IMSI catchers, "Stingray" devices, "DRTBox" devices or "KingFish" devices.

1. Records regarding your agency's acquisition of cell site simulators (also referred to as "IMSI catchers", "StingRay" devices, "DRTBox" devices or "KingFish" devices — "cell site simulators" below), including but not limited to invoices, purchase orders, contracts, loan agreements, evaluation agreements, solicitation letters, correspondence with companies and public agencies that provide the devices, and similar documents

2. Records regarding any offer, proposal, arrangement, agreement, or memorandum of understanding with North Carolina State Police ("NCSP"), Naval Criminal Investigative Service ("NCICS"), Federal Bureau of Investigation ("FBI"), U.S. Marshals Service, FBI's Data Intercept Technology Unit ("DITU"), or any corporation, to borrow, permanently acquire from, or use any cell site simulator owned or possessed by these organizations

3. All nondisclosure agreements with Harris Corporation, Digital Receiver Technology (DRT, formerly Utica Systems, now a subsidiary of Boeing Corporation), Septier Communication Limited, Proximus LLC, any other corporation, and any state or federal agencies, regarding your agency's actual or potential possession or use of cell site simulators

4. Records regarding policies and guidelines governing use of cell site simulators, including but not limited to :
a) when, where, how, and against whom they devices may and may not be used
b) logging, retention, purging, use, and auditing data stored in or communicated from the devices
c) under what circumstances administrative warrant, judicial warrant, or other legal process must, should, or should not be obtained prior to, during, or following direct or indirect use of the devices
d) under what circumstances the existence or use of the devices must, should, or should not be revealed to judges, prosecutors, defense attorneys, criminal defendants, or the general public
e) parallel construction techniques for use in avoidance of disclosure of the initial method of discovery of information gained initially by use of cell site simulators

5. Training materials for use of cell site simulators

6. Any licenses, waivers, or agreements with federal or state communications regulatory agencies (e.g., Federal Communications Commission, North Carolina Utilities Commission (NCUC), North Carolina Office of the Attorney General, etc.) concerning use of cell site simulators

7. Records reflecting the number of investigations in which cell site simulators were used, the number of those investigations that resulted in prosecutions, and the number of those investigations that resulted in convictions

8. The standard trap and trace/pen register application used to request authorization for use of cell site simulators in an investigation.

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 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 would request your response within ten (10) business days.

Sincerely,

Nick de la Canal

From: Sughrue, Jim

Dear Sir or Madam:

I am writing to confirm that your request below was received. It has been forwarded to me, and I will coordinate the Raleigh Police Department’s response. Due to the scope of your inquiry, please be advised that providing answers will take some time. In the meanwhile, please feel free to contact me if you have any questions.

Sincerely,

Jim Sughrue

Jim Sughrue
Director of Public Affairs
Raleigh Police Department
Phone: 919-996-1200
Fax: 919-996-7592

From: Nick de la Canal

Thanks, Jim! I'm looking forward to your response. If you have any questions or need further clarification, don't hesitate to drop me a line. My number is 704-576-0116.

All best,
Nick de la Canal

From: Sughrue, Jim

I would expect to be able to respond to your request during the first half of January.

Jim Sughrue
Director of Public Affairs
Raleigh Police Department
Phone: 919-996-1200
Fax: 919-996-7592

From: Sughrue, Jim

Your timing is good. I received copies of paperwork and electronic files pertaining to your request this afternoon. I’m required to review the information to determine if it includes any material that is not a public record, and I will strive to accomplish that review by the end of the weekend, so I can forward the results to you.

As I mentioned, some of the records are in hard-copy form, so I’ll need a mailing address to send them to you. I haven’t checked the file volume of the electronic files, so I don’t yet know if they will be small enough to email; if not, I’ll burn them to a disc and mail it as well.

Jim Sughrue
Director of Public Affairs
Raleigh Police Department
Phone: 919-996-1200
Fax: 919-996-7592

From: Nick de la Canal

Wonderful! My mailing address is:

Nick de la Canal
5324 Guildbrook Rd.
Charlotte, NC, 28226

Please let me know if there's anything else you need from me.

All best,
Nick

From: Sughrue, Jim

I am continuing to work on your request and hope to complete it in the very near future. I appreciate your patience. While I’m pleased to handle public records requests, I must mesh them with other responsibilities, and the time it takes is unfortunately extended sometimes due to those other duties.

Jim

Jim Sughrue
Director of Public Affairs
Raleigh Police Department
Phone: 919-996-1200
Fax: 919-996-7592

From: Sughrue, Jim

I again worked on your request over the weekend and have a few questions I must answer before forwarding information to you. I do not expect this final step to take more than a few days to accomplish. I thank you for your patience.

Jim

Jim Sughrue
Director of Public Affairs
Raleigh Police Department
Phone: 919-996-1200
Fax: 919-996-7592

From: MuckRock

Hi Jim,

Thanks so much for your help with this request. We appreciate it.

Have a lovely weekend,
Beryl, MuckRock

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

From: Raleigh Police Department

Please find documents attached that are responsive to this request.

Respectfully,
Donna-maria Harris
Public Affairs Manager
Raleigh Police Department
919-996-1200
Raleighnc.gov/police<https://raleighnc.gov/police>
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