CBP-DEA LPR data sharing service agreement (CBP)

Shawn Musgrave filed this request with the United States Customs and Border Protection of the United States of America.

It is a clone of this request.

Tracking # CBP-2014-011363
Est. Completion None
Status
Partially Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

The service-level agreement between the Drug Enforcement Administration and the Bureau of Customs and Border Protection that specifies the manner in which the agencies will share license plate reader data.

This service-level agreement is cited in the MOU on the same subject between the two agencies, "Sharing of License Plate Reader Data," a copy of which is attached. This agreement was signed by Alan Bersin, then the Commissioner of the CBP.

Specifically, under Section 5, "Responsibilities," subsection 5.1, "Data Sharing" of the above mentioned MOU:

"CBP will provide DEA with LPR data collected by CBP and DEA will provide CBP with LPR data collected by DEA at regular intervals and in a manner specified in a separate, service-level agreement between the Parties."

Given that this FOIA is submitted in my capacity as a journalist who has covered law enforcement, the Department of Homeland Security, CBP and license plate readers extensively, I request that I be categorized as a media requester for the purpose of fees. Here is a selection of my published articles on MuckRock:

https://www.muckrock.com/news/archives/2015/jan/12/how-843-lbs-seized-pot-lead-customs-and-border-pro/

https://www.muckrock.com/news/archives/2015/mar/03/us-marshals-service-conceal-key-details-millions-s/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/12/fbi-and-justice-department-cant-find-drone-privacy/

https://www.muckrock.com/news/archives/2015/jan/22/air-force-knows-how-many-mq-9-drones-it-wants-cant/

I have also been published in a number of national media outlets on topics including license plate readers, drones and other matters pertaining to law enforcement and national security:

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

www.betaboston.com/news/2014/03/05/a-vast-hidden-surveillance-network-runs-across-america-powered-by-the-repo-industry/

http://motherboard.vice.com/read/the-us-spent-360-million-on-border-drones-thanks-to-this-flimsy-report

http://motherboard.vice.com/read/the-air-force-says-it-needs-precisely-52-new-reaper-drones-cant-explain-why

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://www.thedailybeast.com/articles/2015/02/05/nypd-social-media-policy-allows-catfishing-with-the-proper-paperwork.html

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://news.vice.com/article/fbi-agent-who-killed-boston-bombing-suspects-friend-was-twice-accused-of-police-brutality

As the requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com and pertains to a matter of considerable public interest, I further request a full waiver of all fees.

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 20 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Shawn Musgrave

Apologies - the MOU is attached.

From: FOIA

Greetings,

Please be advised that we do not open attachments for security purposes. Please resubmit your request with attachment in the body of email, via fax or USPS.

Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Shawn Musgrave

Hello -

The MOU previously sent by email attachment is merely in support of my FOIA request — it can be found as the responsive document for FOIA CBP-2014-011363, as well. I have already quoted the relevant portions of the MOU that refer to the service-level agreement I seek via this FOIA.

Please proceed with processing this FOIA for the data sharing agreement referenced below.

Respectfully,
Shawn Musgrave

From: Shawn Musgrave

Hello -

Please advise as to the status of this request. Again, the service-level agreement is explicitly described in the MOU already provided by CBP.

Best,
Shawn Musgrave
Investigative reporter, MuckRock

From: CBP FOIA

Dear Mr. Shawn Musgrave,

The U.S. Customs and Border Protection (CBP) Freedom of Information Act (FOIA) Division received your letter inquiring about a FOIA request that you previously submitted to CBP reference FOIA number CBP-2014-011363.

This letter is to confirm that your FOIA request has been received by CBP and will be processed in the order it was received. Once responsive records are available, you will be notified electronically by CBP FOIA that records are available to view via your FOIAonline account. If you already have a FOIAonline account, you can view or print responsive records from your account. If you do not already have a FOIAonline account, please create one by taking the following steps:

Simply go to your search engine (i.e., google, etc.) and type FOIAonline, then hit enter, that will take you to the FOIAonline site.
From there, press the green button on the right “Create an Account” and follow the prompts to create a FOIAonline account.
Make sure when creating your account you use the same email address that you provided when submitting your original FOIA request – that way the email addresses in your original FOIA request can be synched with the FOIAonline account you create.
Submitting a FOIA request online is the preferred method (vs. postal mail) for many reasons:

You immediately receive a unique FOIA tracking number and acknowledgment that your FOIA request was received by CBP.
You can track your FOIA request any day/any time through your FOIAonline account.
When responsive records become available, you receive an email letting you know records can be viewed via your FOIAonline account,
You can view all of your historical FOIA requests via the “dashboard” in your FOIAonline account.
In the future, please use your FOIAonline account to submit future FOIA requests to CBP. Please note that all FOIA requests for official travel records on an individual must include 1) the subject’s name, 2) the subject’s date of birth, and 3) third party consent. If this information is not provided with the original FOIA request, it will be considered “insufficient”, and will not be processed.

Finally, the CBP FOIA office has a significant backlog of FOIA requests. If you do not receive a response to your FOIA request within 20 business days, please do not resubmit the same FOIA request as it creates further delays. We are working very hard to clear the FOIA backlog and we thank you in advance for your cooperation.

From: Shawn Musgrave

Hello -

Please confirm that I have been categorized as a member of the media for the purposes of fees for this request. As outlined in my original communication below, I have been published extensively on the subject of CBP as well as license plate readers.

Respectfully,
Shawn Musgrave
Investigative reporter, MuckRock

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 30, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #CBP-2014-011363.

Thank you for your help.

From: Shawn Musgrave

Hello -

Checking on my clarification question as to my categorization for the purpose of fees. I again assert that I am most appropriately categorized as news media given my extensive publication history around CBP and license plate readers.

Thank you,
Shawn Musgrave
Reporter, MuckRock

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 30, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #CBP-2014-011363.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 30, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #CBP-2014-011363.

Thanks for your help, and let me know if further clarification is needed.

From: Bureau of Customs and Border Protection

A copy of documents responsive to the request.

From: Bureau of Customs and Border Protection

A cover letter granting the request and outlining any exempted materials, if any.

From: Shawn Musgrave

Hello -

In responding to this request, CBP has provided solely a copy of the agreement which I originally provided along with my original request. This agreement — the MOU between CBP and the DEA — cites the document requested herein.

I respectfully request that you continue to search for the service level agreement requested herein. Should it be necessary to appeal CBP's response in order to obtain a good faith search, I shall do so. Please advise.

Respectfully,
Shawn Musgrave

From: PEGUES, TIMIKIA

Please see final response attached.
Thanks

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