DHS components' cell site simulator training protocols (HQ and ICE)

Shawn Musgrave filed this request with the Department of Homeland Security of the United States of America.

It is a clone of this request.

Tracking # 2016-ICFO-18916
Status
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:

All training protocols developed by Department of Homeland Security components regarding the deployment and use of cell site simulators.

Per the amended policy on cell site simulators, "POLICY DIRECTIVE 047-02: Department Policy Regarding the Use of Cell-Site Simulator Technology" (available at https://www.dhs.gov/sites/default/files/publications/Department%20Policy%20Regarding%20the%20Use%20of%20Cell-Site%20Simulator%20Technology.pdf): "Each Component that uses cell-site simulators shall develop operational policy or procedures to govern the use of this technology consistent with this policy. When developing operational policy or procedures to govern the use of this technology consistent with Department policy, Components will coordinate with the DHS Office ofthe General Counsel, the Office of Policy, the Privacy Office, and the Office for Civil Rights and Civil Liberties."

As I am submitting this FOIA request in my capacity as a journalist who has covered extensively the deployment of cell site simulators by law enforcement at the federal, state, and local levels, I assert that I am appropriately categorized as a media requester for the purpose of fees. As this request concerns a matter of intense public interest and responsive documents will be posted online for the public to review free of charge, I further request a waiver of any applicable fees.

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,

Shawn Musgrave

From: Department of Homeland Security

None

From: ICE

February 04, 2016 SHAWN MUSGRAVE MUCKROCK DEPT MR 23667 411A HIGHLAND AVE SOMERVILLE, MA 02144 RE:     ICE FOIA Case Number 2016-ICFO-18916 Dear Mr. MUSGRAVE: This acknowledges receipt of your January 29, 2016, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for all training protocols developed by Department of Homeland Security components regarding the deployment and use of cell site simulators.  Your request was received in this office on February 04, 2016. Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, ICE processes FOIA requests according to their order of receipt. Although ICE’s goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10- day extension of this time period. As your request seeks numerous documents that will necessitate a thorough and wide-ranging search, ICE will invoke a 10-day extension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). If you care to narrow the scope of your request, please contact our office. We will make every effort to comply with your request in a timely manner. Provisions of the FOIA allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to non-commercial requesters.  As a non-commercial requester, you will be charged 10 cents per page for duplication; the first 100 pages are free, as are the first two hours of search time, after which you will pay the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher.  We will construe the submission of your request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued. We have queried the appropriate program offices within ICE for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
Your request has been assigned reference number 2016-ICFO-18916. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit . Please note that to check the status of a request, you must enter the 2016-ICFO-XXXXX tracking number. You may contact this office at (866) 633-1182. Our mailing address is 500 12th Street, S.W., Stop 5009, Washington, D.C. 20536-5009. (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status
Regards,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at
www.ice.gov/foia

From: Shawn Musgrave

Hello -

Thank you for acknowledging my FOIA request.

As I am submitting this FOIA request in my capacity as a journalist who has covered extensively the deployment of cell site simulators by law enforcement at the federal, state, and local levels, I assert that I am appropriately categorized as a media requester for the purpose of fees. Please change my status to reflect my appropriate categorization.

As this request concerns a matter of intense public interest and responsive documents will be posted online for the public to review free of charge, I further request a waiver of any applicable fees. Please confirm whether I have been granted a fee waiver.

Respectfully,
Shawn Musgrave

From: ice-foia@dhs.gov

None

From: ICE

March 04, 2016 SHAWN MUSGRAVE MUCKROCK DEPT MR 23667 411A HIGHLAND AVE SOMERVILLE, MA 02144 RE:     ICE FOIA Case Number 2016-ICFO-18916 Dear Mr. MUSGRAVE: This acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated January 29, 2016, and to your request for a waiver of all assessable FOIA fees. Your request was received in this office on February 04, 2016. Specifically, you requested all training protocols developed by Department of Homeland Security components regarding the deployment and use of cell site simulators. Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, ICE processes FOIA requests according to their order of receipt. Although ICE’s goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10- day extension of this time period. As your request seeks numerous documents that will necessitate a thorough and wide-ranging search, ICE will invoke a 10-day extension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). If you care to narrow the scope of your request, please contact our office. We will make every effort to comply with your request in a timely manner. After thoroughly reviewing your letter and request for fee waiver, I have determined that you have not presented a convincing argument that MUCKROCK is entitled to a blanket waiver of applicable fees. The DHS FOIA Regulations at 6 CFR § 5.11(k)(2) set forth six factors to examine in determining whether the applicable legal standard for a fee waiver has been met.  We will consider these factors in our evaluation of your request for a fee waiver: (1) Whether the subject of the requested records concerns “the operations or activities of the government”; (2) Whether the disclosure is “likely to contribute” to an understanding of government operations or activities; (3) Whether disclosure of the requested information will contribute to the understanding of the public at large, as opposed to the individual understanding of the requestor or a narrow segment of interested persons; (4) Whether the contribution to public understanding of government operations or activities will be "significant"; (5) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and (6) Whether the magnitude of any identified commercial interest to the requestor is sufficiently large in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requestor. As a requester, you bear the burden under FOIA of showing that the fee waiver requirements have been met.  Based on my review of your January 29, 2016 letter and for the reasons stated herein, I have determined that your fee waiver request is deficient because your request did not satisfy factors 4, 5, and 6.  Since your request for a fee waiver has failed to satisfy each of the required factors, I am denying your fee waiver request. Provisions of the FOIA allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to non-commercial requesters.  As a non-commercial requester, you will be charged 10 cents per page for duplication; the first 100 pages are free, as are the first two hours of search time, after which you will pay the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher.  We will construe the submission of your request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued. You have the right to appeal the determination to deny your fee waiver request. Should you wish to do so, please send your appeal following the procedures outlined in the DHS regulations at 6 Code of Federal Regulations § 5.9 and a copy of this letter to: U.S. Immigration and Customs Enforcement Office of Principal Legal Advisor U.S. Department of Homeland Security Freedom of Information Act Office 500 12th Street, S.W., Stop 5900 Washington, D.C. 20536-5900 Your appeal must be received within 60 days of the date of this letter.  Your envelope and letter should be marked “FOIA Appeal.”  Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia . ICE has queried the appropriate program offices within ICE for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
Your request has been assigned reference number 2016-ICFO-18916. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit . Please note that to check the status of a request, you must enter the 2016-ICFO-XXXXX tracking number. You may contact this office at (866) 633-1182. Our mailing address is 500 12th Street, S.W., Stop 5009, Washington, D.C. 20536-5009. (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status
Regards,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at
www.ice.gov/foia

From: Shawn Musgrave

Hello -

I have submitted this request in my capacity as a reporter for the New England Center for Investigative Reporting. As such, I am indisputably entitled to media requester status for the purpose of fees.

Here is a recent article that I wrote for NECIR, WGBH-Boston and The Boston Globe regarding cell-site simulators:

http://www.bostonglobe.com/metro/2016/02/24/boston-police-cast-veil-warrants-uses-for-cellphone-trackers/fENx8a6nZd33UxttCHKlFJ/story.html

In light of the fact that I am a reporter, several DHS components have appropriately designated me as a media requester for this exact same FOIA request.

Please correct your designation immediately. I will appeal your inappropriate designation if you do not do so.

Respectfully,
Shawn Musgrave
New England Center for Investigative Reporting

From: ICE-FOIA

Good afternoon,

We are still awaiting the search results from the tasked agency within ICE. Regarding your fee waiver request, the fee waiver denial letter was emailed to this email address on 03/04/16. The appeal instructions for the fee waiver denial are included in that letter.

Sincerely,
ICE/FOIA

From: Shawn Musgrave

Hello -

The matter at-hand is not my request for a fee waiver, but my assertion that I am appropriately categorized as a media requester for the purpose of fees. Please confirm that I have been categorized as a media requester — I am a reporter for the New England Center for Investigative Reporting.

Respectfully,
Shawn Musgrave

From: ICE-FOIA

Good afternoon,

This appeal has been closed. Media status and Fee Waiver have been granted.

Sincerely,
ICE/FOIA

From: Department of Homeland Security

A letter stating that the fee category appeal has been rejected.

From: MuckRock

Hello -

Please advise as to the estimated completion date for FOIA #2016-ICFO-18916.

Best,
Shawn Musgrave

From: ICE-FOIA

Good afternoon,

This request is currently in the queue to be processed by anlyst.

Sincerely,
ICE/FOIA

From: ICE-FOIA

Good morning,

This request is actively being processed by a FOIA analyst.

Sincerely,

ICE FOIA

From:


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