BlueLeaks server seizure (Federal Bureau of Investigation)

Emma North-Best filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking #

1424335-001

Multi Request BlueLeaks server seizure
Status
Rejected

Communications

From: Emma North-Best


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Records (including but not limited to emails, reports, briefs, documents, memos, or recordings) mentioning or describing the seizure of a server in Germany containing the Hunter Memorial Library and the BlueLeaks portal operated by Distributed Denial of Secrets.

See BlueLeaks-Server bei Zwickau beschlagnahmt by NetzPolitik (https://netzpolitik.org/2020/polizei-daten-aus-den-usa-blueleaks-server-bei-zwickau-beschlagnahmt/) and the statement from the German prosecutor's office:

Aufgrund eines US-amerikanischen Vorabsicherungsersuchen im Rahmen der internationalen Rechtshilfe in Strafsachen hat die Staatsanwaltschaft Zwickau am 3. Juli 2020 einen Server in einem Rechenzentrum in Falkenstein (Vogtland) sichergestellt, bei dem davon auszugehen ist, dass er von Personen, die im Internet unter dem Namen „Distributed Denial of Secrets (DDosecrets)“ auftreten, genutzt wurde.

Zum Inhalt des US-amerikanischen Verfahrens werden von hier aus keine Auskünfte erteilt. Bei der Sicherstellung handelt es sich um eine vorläufige Maßnahme im Rahmen der internationalen Rechtshilfe in Strafsachen. Nach Eingang des offiziellen US-amerikanischen Rechtshilfeersuchens wird eine Prüfung erfolgen, ob und in welchem Umfang eine gerichtliche Beschlagnahme von Daten mit dem Zweck der Herausgabe als Beweismittel an die US-Behörden in Betracht kommt.

Für die Bewilligung der Rechtshilfe, das heißt für die Entscheidung, ob tatsächlich Beweismittel an die USA herausgegeben werden, ist das Bundesamt für Justiz zuständig.

A translated version of the statement reads:

Due to a US request for preliminary security in the context of international mutual legal assistance in criminal matters, the Zwickau public prosecutor secured a server in a data center in Falkenstein (Vogtland) on July 3, 2020 The name "Distributed Denial of Secrets (DDosecrets)" was used.

No information is provided from here on the content of the US proceedings. The seizure is a provisional measure within the framework of international mutual legal assistance in criminal matters. After receipt of the official US request for legal assistance, a review will be carried out to determine whether and to what extent a judicial seizure of data for the purpose of surrendering it to the US authorities as evidence is possible.

The Federal Office of Justice is responsible for granting legal assistance, i.e. for deciding whether evidence will actually be released to the USA.

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 20 business days, as the statute requires.

Sincerely,

Emma North-Best

From: Federal Bureau of Investigation

Thank you for contacting foipaquestions@fbi.gov. Please check the status of your FOIPA Request at http://vault.fbi.gov by clicking on “Check Status of Your FOI/PA Request” on the right side of the page, and follow the instructions below.

Check the Status of Your FOIPA Request
If your FOIPA Number is [1234567-0] please enter [1234567-000] into the system. If your FOIPA Number is [1234567-1] please enter [1234567-001] into the system. If you have any questions about the status of your FOIPA request, please e-mail foipaquestions@fbi.gov.

FIND STATUS OF FOIPA- Request statuses are updated weekly

Please enter the whole FOIPA number-Example: [1234567-000]

FOIPA:
Results will show the Request Number, Case Type and Process Description shown below:
FOIPA:
1234567-000

Case Type:
FOIPA

Process Description (Will display the current progress of the request)
The FBI’s FOIPA Program is searching the FBI’s indices for potentially responsive documents.
You may be contacted via formal letter for all fees and/or negotiation issues that may apply.

NOTE: Recent requests are entered into the FOIPA database in the order that they are received. Before you can check the status, you must have received correspondence assigning a FOIPA request number and the information transferred to the online database. Status information is updated weekly. If a request has been closed within the last six months the online database will display the following: The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file.

Estimated Dates of Completion
Requests are processed in the order in which they are received through our multi-track processing system. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Complex requests are further divided into medium, large, and extra-large sub-tracks based upon request size. Simple track requests typically require the least amount of time to process. Currently, simple track cases average approximately 104 days from the date of receipt for processing. Our complex requests in the medium processing track are currently averaging 853 days, large processing track are currently averaging approximately 1,786 days, and extra-large processing track are currently averaging 2,500 days for processing.

Respectfully,

Public Information Officer
FBI - Information Management Division
200 Constitution Drive
Winchester, VA 22602
O: (540) 868-4593
E: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps Status updates are performed on a weekly basis.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

From: Emma North-Best

You never sent an acknowledgment or tracking number.

From: Emma North-Best

It's been several months since I wrote to request the status of the FOIA and the tracking number. You have failed to respond. Please inform me of the status and provide me with the tracking number, as you are required to do by law.

From: Federal Bureau of Investigation

Thank you for contacting foipaquestions@fbi.gov in reference to your Freedom of Information Act/Privacy (FOIPA) request. As requested, the FOIPA Request Number you have been assigned is 1424335-001.

Respectfully,

Public Information Officer
FBI - Information Management Division
200 Constitution Drive
Winchester, VA 22602
O: (540) 868-4593
E: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps Status updates are performed on a weekly basis.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

From: Emma North-Best

According to the database, the FOIA was closed and the response was sent to me. No response was received, as you can see at https://www.muckrock.com/foi/united-states-of-america-10/blueleaks-server-seizure-federal-bureau-of-investigation-106263/. Please re-send it.

Thank you!

From: Federal Bureau of Investigation

Thank you for contacting foipaquestions@fbi.gov. Please check the status of your FOIPA Request at http://vault.fbi.gov by clicking on “Check Status of Your FOI/PA Request” on the right side of the page, and follow the instructions below.

Check the Status of Your FOIPA Request
If your FOIPA Number is [1234567-0] please enter [1234567-000] into the system. If your FOIPA Number is [1234567-1] please enter [1234567-001] into the system. If you have any questions about the status of your FOIPA request, please e-mail foipaquestions@fbi.gov.

FIND STATUS OF FOIPA- Request statuses are updated weekly

Please enter the whole FOIPA number-Example: [1234567-000]

FOIPA:
Results will show the Request Number, Case Type and Process Description shown below:
FOIPA:
1234567-000

Case Type:
FOIPA

Process Description (Will display the current progress of the request)
The FBI’s FOIPA Program is searching the FBI’s indices for potentially responsive documents.
You may be contacted via formal letter for all fees and/or negotiation issues that may apply.

NOTE: Recent requests are entered into the FOIPA database in the order that they are received. Before you can check the status, you must have received correspondence assigning a FOIPA request number and the information transferred to the online database. Status information is updated weekly. If a request has been closed within the last six months the online database will display the following: The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file.

Estimated Dates of Completion
Requests are processed in the order in which they are received through our multi-track processing system. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Complex requests are further divided into medium, large, and extra-large sub-tracks based upon request size. Simple track requests typically require the least amount of time to process. Currently, simple track cases average approximately 152 days from the date of receipt for processing. Our complex requests in the medium processing track are currently averaging 922 days, large processing track are currently averaging approximately 1,964 days, and extra-large processing track are currently averaging 2,360 days for processing.

Respectfully,

Public Information Officer
FBI - Information Management Division
200 Constitution Drive
Winchester, VA 22602
O: (540) 868-4593
E: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps Status updates are performed on a weekly basis.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

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From: Emma North-Best

As I wrote in August, according to the database, the FOIA was closed and the response was sent to me. However, no response was received, as you can see at https://www.muckrock.com/foi/united-states-of-america-10/blueleaks-server-seizure-federal-bureau-of-investigation-106263/. Please re-send it.

Thank you!

From: Federal Bureau of Investigation

Good afternoon,

Thank you for contacting foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>. The correspondence will be resent electronically.

Respectfully,

Public Information Officer
FBI – Information Management Division
200 Constitution Drive
Winchester, VA 22602
O: (540) 868-4593
E: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps Status updates are performed on a weekly basis.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

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From: Federal Bureau of Investigation

The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.

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