FBI Contracts with Cicom USA

To Whom It May Concern:

This is a request under the Freedom of Information Act:

### Background ###

The FBI purchased products from Cicom USA, which is a subsidiary of Italian company Hacking Team: https://www.wired.com/2015/07/fbi-spent-775k-hacking-teams-spy-tools-since-2011/

### Request ###

I hereby request the following records:

- Copies of all contracts with Cicom USA over the past 10 years.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In order to help to determine my status to assess fees, you should know that I am journalist writing for Motherboard, VICE's technology and science site, and that this request is being made as part of news gathering.

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,

Joseph Cox

To whom it may concern,

Please consider this an appeal under the Freedom of Information Act for request 1359195-000.

My 09/23/2016 request asked for:

“Copies of all contracts with Cicom USA over the past 10 years.”

On 11/04/2016, the FBI refused to fulfill the request, writing:

“Pursuant to FOIA exemption (b) (7) (E) … the FBI neither confirms nor denies the existence of records which would indicate whether an individual or organization is or has ever been of investigatory interest.”

I shall argue that the FBI's neither confirm nor deny stance is untenable, due to the widely distributed public evidence of the agency's purchase of tools from Cicom USA, the US subsidiary of Italian company Hacking Team; that my request is specifically for contracts between the FBI and Cicom, which is to say, not related to investigative files of the FBI; and that, in sum, there is an overriding public interest in the disclosure of these records, and that nothing will materially change or negatively impact the agency with their disclosure.

### The FBI Bought Technology from Cicom USA ###

According to publicly available records, which have been covered by multiple high profile and international news outlets, Hacking Team has generated approximately $773,226.24 from the FBI since 2011. [1] [2]

In July 2012, FBI contractor Pradeep Lal contacted Hacking Team about his ongoing use of the company's software. [3]

In September 2014, FBI agent John Solano communicated with Hacking Team about his own use of the company's software. [3] [4]

Hacking Team awarded a certificate for its products use to FBI agent “Mick” Houck. [5]

The FBI also let its contract with Cicom/Hacking Team expire in June 2015. [6]

This voluminous evidence of the FBI's purchase of tools from Cicom makes the agency's neither confirm nor deny stance on the existence of contracts between it and Cicom untenable. The FBI very likely possesses such records, and their disclosure will not materially change anything: it is already widely known that the FBI purchased such tools, and what the agency used them for.

### My Request Is For Financial Documents, And Not Investigative Files ###

The FBI specifically used exemption (b)(7)(E), because the agency claims confirming or denying the existence of the requested records would indicate whether an individual or organization is or has ever been of investigatory interest.

But my request is not for investigate files, or anything of that nature. Instead, it is simply for a copy of all contracts with Cicom USA. These are purely financial in nature, meaning that this exemption should not apply.

### There Is an Overriding Public Interest in the Disclosure of These Records ###

Although the FBI and other US federal law enforcement agencies have purchased and used technologies like those sold by Cicom/Hacking Team, Congress has never explicitly granted law enforcement agencies the power to use these tools. There have never been any congressional hearings on the topic, either. [1]

These tools are exceptionally powerful, allowing investigators to turn on a computer's microphone and webcam, and to remotely search a suspect's computer. Having more information about the FBI's expenditure on these technologies is essentially for policy makers, legal experts, technologists, and journalists to accurately and more fully understand the FBI's use of public funds on this surveillance technology.

These records will not reveal particular capabilities; the capabilities of Cicom's products have already been well documented by journalists and researchers. [7] With that in mind, there is an overriding public interest in the disclosure of these records: their disclosure will not negatively impact the agency, and nothing material will change.

I hope this information is of help to my appeal. If you require any more information, please let me know.

Thank you and regards,

Joseph Cox

[1] The FBI Spent $775k on Hacking Team's Spy Tools Since 2011, WIRED, 07/06/2015 https://www.wired.com/2015/07/fbi-spent-775k-hacking-teams-spy-tools-since-2011/

[2] Leaked Documents Show FBI, DEA and US Army Buying Italian Spyware, The Intercept, 07/06/2015 https://theintercept.com/2015/07/06/hacking-team-spyware-fbi/

[3] How Hacking Team Created Spyware That Allowed the FBI to Monitor Tor Browser, 07/16/2015 The Intercept, https://theintercept.com/2015/07/16/hackingteam-attacked-tor-browser/

[4] The FBI Asked Hacking Team for Help Unmasking a Tor User, Motherboard, 07/14/2015 https://motherboard.vice.com/read/the-fbi-wanted-to-use-hacking-teams-tools-on-a-tor-user

[5] The FBI Won't Confirm or Deny Buying Hacking Team Spyware, Even Though It Did, Motherboard, 12/09/2015, https://motherboard.vice.com/read/the-fbi-wont-confirm-or-deny-buying-hacking-team-spyware-even-though-it-did

[6] The FBI Let Its License for Hacking Team's Spyware Expire, Motherboard, 07/17/2015 https://motherboard.vice.com/read/the-fbi-let-its-license-for-hacking-teams-spyware-expire

[7] Mapping Hacking Team's “Untraceable” Spyware, Citizen Lab, 02/17/2014 https://citizenlab.org/2014/02/mapping-hacking-teams-untraceable-spyware/

To whom it may concern,

Please consider this an appeal under the Freedom of Information Act for request 1359195-000.

My 09/23/2016 request asked for:

“Copies of all contracts with Cicom USA over the past 10 years.”

On 11/04/2016, the FBI refused to fulfill the request, writing:

“Pursuant to FOIA exemption (b) (7) (E) … the FBI neither confirms nor denies the existence of records which would indicate whether an individual or organization is or has ever been of investigatory interest.”

I shall argue that the FBI's neither confirm nor deny stance is untenable, due to the widely distributed public evidence of the agency's purchase of tools from Cicom USA, the US subsidiary of Italian company Hacking Team; that my request is specifically for contracts between the FBI and Cicom, which is to say, not related to investigative files of the FBI; and that, in sum, there is an overriding public interest in the disclosure of these records, and that nothing will materially change or negatively impact the agency with their disclosure.

### The FBI Bought Technology from Cicom USA ###

According to publicly available records, which have been covered by multiple high profile and international news outlets, Hacking Team has generated approximately $773,226.24 from the FBI since 2011. [1] [2]

In July 2012, FBI contractor Pradeep Lal contacted Hacking Team about his ongoing use of the company's software. [3]

In September 2014, FBI agent John Solano communicated with Hacking Team about his own use of the company's software. [3] [4]

Hacking Team awarded a certificate for its products use to FBI agent “Mick” Houck. [5]

The FBI also let its contract with Cicom/Hacking Team expire in June 2015. [6]

This voluminous evidence of the FBI's purchase of tools from Cicom makes the agency's neither confirm nor deny stance on the existence of contracts between it and Cicom untenable. The FBI very likely possesses such records, and their disclosure will not materially change anything: it is already widely known that the FBI purchased such tools, and what the agency used them for.

### My Request Is For Financial Documents, And Not Investigative Files ###

The FBI specifically used exemption (b)(7)(E), because the agency claims confirming or denying the existence of the requested records would indicate whether an individual or organization is or has ever been of investigatory interest.

But my request is not for investigate files, or anything of that nature. Instead, it is simply for a copy of all contracts with Cicom USA. These are purely financial in nature, meaning that this exemption should not apply.

### There Is an Overriding Public Interest in the Disclosure of These Records ###

Although the FBI and other US federal law enforcement agencies have purchased and used technologies like those sold by Cicom/Hacking Team, Congress has never explicitly granted law enforcement agencies the power to use these tools. There have never been any congressional hearings on the topic, either. [1]

These tools are exceptionally powerful, allowing investigators to turn on a computer's microphone and webcam, and to remotely search a suspect's computer. Having more information about the FBI's expenditure on these technologies is essentially for policy makers, legal experts, technologists, and journalists to accurately and more fully understand the FBI's use of public funds on this surveillance technology.

These records will not reveal particular capabilities; the capabilities of Cicom's products have already been well documented by journalists and researchers. [7] With that in mind, there is an overriding public interest in the disclosure of these records: their disclosure will not negatively impact the agency, and nothing material will change.

I hope this information is of help to my appeal. If you require any more information, please let me know.

Thank you and regards,

Joseph Cox

[1] The FBI Spent $775k on Hacking Team's Spy Tools Since 2011, WIRED, 07/06/2015 https://www.wired.com/2015/07/fbi-spent-775k-hacking-teams-spy-tools-since-2011/

[2] Leaked Documents Show FBI, DEA and US Army Buying Italian Spyware, The Intercept, 07/06/2015 https://theintercept.com/2015/07/06/hacking-team-spyware-fbi/

[3] How Hacking Team Created Spyware That Allowed the FBI to Monitor Tor Browser, 07/16/2015 The Intercept, https://theintercept.com/2015/07/16/hackingteam-attacked-tor-browser/

[4] The FBI Asked Hacking Team for Help Unmasking a Tor User, Motherboard, 07/14/2015 https://motherboard.vice.com/read/the-fbi-wanted-to-use-hacking-teams-tools-on-a-tor-user

[5] The FBI Won't Confirm or Deny Buying Hacking Team Spyware, Even Though It Did, Motherboard, 12/09/2015, https://motherboard.vice.com/read/the-fbi-wont-confirm-or-deny-buying-hacking-team-spyware-even-though-it-did

[6] The FBI Let Its License for Hacking Team's Spyware Expire, Motherboard, 07/17/2015 https://motherboard.vice.com/read/the-fbi-let-its-license-for-hacking-teams-spyware-expire

[7] Mapping Hacking Team's “Untraceable” Spyware, Citizen Lab, 02/17/2014 https://citizenlab.org/2014/02/mapping-hacking-teams-untraceable-spyware/

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.