DHS components' cell site simulator training protocols (TSA)

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

Hello -

Please confirm that I have been categorized as a media requester for the purpose of fees.

Best,
Shawn Musgrave

To Whom It May Concern:

This is an appeal of the TSA's response on the present FOIA request (2016-TSFO-00129), specifically the TSA's failure to find documents responsive to the request. As I do not believe that an adequate search was conducted, I request that it be remanded back to the TSA for good faith search and provision of responsive documents.

In January 2016, I requested the following documents for each DHS component, including the Transportation Security Administration: "All training protocols developed by Department of Homeland Security components regarding the deployment and use of cell site simulators."

In February 2016, FOIA officers at DHS headquarters forwarded this request on to each component, including the TSA. The TSA acknowledged receiving this request a week later.

As I noted in my original letter, I submitted this request pursuant to an order sent out to several DHS components, including the TSA, in November 2015. This order — available here: https://www.dhs.gov/sites/default/files/publications/Department%20Policy%20Regarding%20the%20Use%20of%20Cell-Site%20Simulator%20Technology.pdf — directed each component to develop the protocol that I request in the present FOIA:

"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 of the General Counsel, the Office of Policy, the Privacy Office, and the Office for Civil Rights and Civil Liberties."

As this order went out in November 2015, it is altogether reasonable to presume that the TSA has completed formulation of such orders as to comply. As such, I appeal wholesale denial of my request, and respectfully insist that the TSA conduct a good faith search.

Thank you,
Shawn Musgrave