DHS components' cell site simulator training protocols (NPPD)

Shawn Musgrave filed this request with the U.S. Department of Homeland Security, National Protection and Programs Directorate (NPPD) of the United States of America.

It is a clone of this request.

Tracking #

2016-NPFO-00130, 2018-HQAP-00190

2016-NPFO-00130

Est. Completion None
Status
Awaiting Response

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: FOIA, NPPD

Please find attached acknowledgment letter.

Catherina Salini
FOIA Analyst
Main: 703-235-2211
Fax: 703-235-2052

"If you want to go fast, go alone. If you want to go far, go together"

Warning: This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information such as found under 49 CFR 1520 or the Privacy Act of 1974. It should not be communicated to any person, or agency, unless disclosure is in performance of official DHS duties and there exists a valid need to know. 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.

From: FOIA, NPPD

04/04/2016

Re: 2016-NPFO-00130

Dear Mr. Musgrave:

This responds to your 04/01/2016 letter in which you requested an update as to the status of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS. Your request sought Incident Report.

By letter dated, February 19, 2016, we advised you that due to the increasing number of FOIA requests received by this office, we would encounter some delay in processing your request. Requests are processed in chronological order based on the date we received a perfected request

For your information, we have queried the appropriate component of DHS for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. We will process your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date. We sincerely apologize for the delay you are experiencing and appreciate your continued patience.

If you have any questions or would like to discuss this matter, please feel free to contact this office at 703-235-2211

Sincerely,

Catherina Salini
FOIA Analyst
Main: 703-235-2211
Fax: 703-235-2052

"If you want to go fast, go alone. If you want to go far, go together"

Warning: This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information such as found under 49 CFR 1520 or the Privacy Act of 1974. It should not be communicated to any person, or agency, unless disclosure is in performance of official DHS duties and there exists a valid need to know. 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.

From: FOIA, NPPD

May 4th 2016

Re: 2016-NPFO-00130

Dear Mr. Musgrave:

This responds to your 05/04/2016 letter in which you requested an update as to the status of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS. Your request sought Incident Report.

By letter dated, February 19, 2016, we advised you that due to the increasing number of FOIA requests received by this office, we would encounter some delay in processing your request. Requests are processed in chronological order based on the date we received a perfected request

For your information, we have queried the appropriate component of DHS for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. We will process your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date. We sincerely apologize for the delay you are experiencing and appreciate your continued patience.

If you have any questions or would like to discuss this matter, please feel free to contact this office at 703-235-2211

Sincerely,

Catherina Salini
FOIA Analyst
Main: 703-235-2211
Fax: 703-235-2052

"If you want to go fast, go alone. If you want to go far, go together"

Warning: This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information such as found under 49 CFR 1520 or the Privacy Act of 1974. It should not be communicated to any person, or agency, unless disclosure is in performance of official DHS duties and there exists a valid need to know. 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.

From: FOIA, NPPD

Re: 2016-NPFO-00130

Dear Mr. Musgrave:

This responds to your August 3, 2016, email in which you requested an update as to the status of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS. Your request sought Incident Report.

By letter dated, February 19, 2016, we advised you that due to the increasing number of FOIA requests received by this office, we would encounter some delay in processing your request. Requests are processed in chronological order based on the date we received a perfected request

For your information, we have queried the appropriate component of DHS for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. We will process your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date. We sincerely apologize for the delay you are experiencing and appreciate your continued patience.

If you have any questions or would like to discuss this matter, please feel free to contact this office at 703-235-2211
Sincerely,

NPPD FOIA OFFICE
Office: 703-235-2211
Fax: 703-235-2052

Warning: This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information such as found under 49 CFR 1520 or the Privacy Act of 1974. It should not be communicated to any person, or agency, unless disclosure is in performance of official DHS duties and there exists a valid need to know. 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 -

Thank you for the update. Is there an estimated completion date for this request?

Best,
Shawn

From: U.S. Department of Homeland Security, National Protection and Programs Directorate (NPPD)

Good afternoon,

Thank you for contacting the National Protection and Programs Directorate (NPPD). We apologize for the delay, but we are still processing your request 2017-NPFO-00130. We are working as expeditiously as possible.

Thank you!

Regards,

National Protection and Programs Directorate (NPPD)
U.S. Department of Homeland Security
Phone: 703-235-2211
Fax: 703-235-2052
E-mail: NPPD.FOIA@dhs.gov<mailto:NPPD.FOIA@dhs.gov>
NPPD Website<https://www.dhs.gov/about-national-protection-and-programs-directorate>

From: U.S. Department of Homeland Security, National Protection and Programs Directorate (NPPD)

Greetings,
Please find the attached correspondence related to your Freedom of Information Act Request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time.
Regards,
U.S. Department of Homeland Security Washington, D.C. 20528
Phone: 703-235-2211
Fax: 703-235-2052
E-mail:
NPPD.FOIA@dhs.gov
NPPD Website

From: Shawn Musgrave

To Whom It May Concern:

I hereby appeal the U.S. Department of Homeland Security, National Protection and Programs Directorate (NPPD) inadequate response to my FOIA, which NNPD assigned tracking number 2016-NPFO-00130.

On 01/29/2016, I requested the following records: "All training protocols developed by Department of Homeland Security components regarding the deployment and use of cell site simulators."

To assist the NPPD with its search, I provided reference to a Department of Homeland Security policy directive which requires each DHS component that uses cell-site simulators to develop the requested policy/procedures. I have attached this policy directive here. This directive — "POLICY DIRECTIVE 047-02: Department Policy Regarding the Use of Cell-Site Simulator Technology" (also available at https://www.dhs.gov/sites/default/files/publications/Department%20Policy%20Regarding%20the%20Use%20of%20Cell-Site%20Simulator%20Technology.pdf).

As you'll see in the cover page, this Memorandum, dated October 2015, was directed to, among others, the Director of Federal Protective Services. [See p. 1.]

In relevant part, the Memorandum provides that: "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." [See p. 3, "Management Controls & Accountability," para. 1.]

By this memorandum, then-Deputy Secretary Alejandro Mayorkas directed "immediate implementation of a DHS-wide policy on
the use of cell-site simulator technology." Another provision requires components to designate an executive-level point of contact "Within 30 days from the date of this policy." Again, this directive is dated more than two years ago.

In light of the above, I appeal both the adequacy of the NPPD's search and its proposed inability to locate the requested documents. By the cited Mayorkas memorandum, the FPS was required to develop the policies and/or procedures requested herein in coordination with the DHS Office of the General Counsel, the Office of Policy, the Privacy Office, and the Office for Civil Rights and Civil Liberties. This policy development was to be overseen by an executive-level point of contact designated as of late November 2015. If no such policy exists, then it might lead one to consider the NPPD in derogation of a mandated requirement for Components to develop and maintain the policies/procedures required to deploy cell-site simulators.

As such, I respectfully ask that this be remanded back to the NPPD and the FPS for good faith search and provision of the requested documents.

Best,
Shawn Musgrave

  • NPPD Response to Requester (No Records) 16-00130

  • Department20Policy20Regarding20the20Use20of20Cell-Site20Simulator20Technology.pdf

From: U.S. Department of Homeland Security, National Protection and Programs Directorate (NPPD)

Good Morning,
Attached is our acknowledgment of your DHS FOIA appeal.  If you need to contact this office again concerning your appeal, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486.
Regards,
DHS Privacy Office Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our
FOIA website (http://www.dhs.gov/foia)

From: U.S. Department of Homeland Security, National Protection and Programs Directorate (NPPD)

Mr. Musgrave:

Please find attached the FOIA Appeal Decision issued by Judge Metry's office in the above matter.

Thank you,

Lauren Meus
Hearing Docket Clerk
U.S. Coast Guard

From: Shawn Musgrave

Hello -

Per the attached, this FOIA has been remanded for good faith search. Please confirm receipt and provide an estimated completion date.

Best,
Shawn Musgrave

From: U.S. Department of Homeland Security, National Protection and Programs Directorate (NPPD)

Good day,

NPPD FOIA appeal 2019-NPAP-00004/2018-HQAP-00190/2016-NPFO-00130 is currently assigned and is actively being worked. Upon completion of the appeal remand from the U.S. Coast Guard, Office of the Administrative Law Judge a response will be issued.

Sincerely,

NPPD FOIA

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