FBI Stingray disclosure notifications

To Whom It May Concern:

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

All correspondence sent and received discussing disclosure and the suppression of disclosure of information about cell site simulators aka "Stingray" devices.

For reference, I have attached an example NDA executed with the Erie County Sheriff's Office that requires disclosure:

- under section 7 if information will be disclosed in civil or criminal proceedings;
- under section 9 if a court order requires disclosure of information; and
- under section 11 if a FOIA request or equivalent process requests disclosure

Please note that I am requesting all similar disclosures, not just disclosure under the attached NDA.

Inbound messages may have been communicated to the following offices via mail, phone, or email:

Assistant Director
Operation Technology Division
Federal Bureau of Investigation
Engineering Research Facility
Building 27958A, Pod A
Quantico, Virgina 22135
(703) 985-6100

Unit Chief
Tracking Technology Unit
Operation Technology Division
Engineering Research Facility
Building 27958A, Pod B
Quantico, Virgina 22135
(703) 985-6840

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 is not being made for commercial usage.

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,

Jonathan Rudenberg

Please find a copy of the NDA attached.

Director, Office of Information Police (OIP)
U.S. Department of Justice
1425 New York Ave, NW, Suite 11050
Washington, DC 20530-0001

May 11, 2015

To Whom It May Concern:

Per the attached rejection letter, the FBI claims that the requested records for FOIA request number 1326537-00 are exempt from disclosure. I appeal this determination and request that request 1326537-00 be remanded back to the FBI for a good faith search and release of responsive documents.

Request 1326537-00 pertains to notifications sent by state and local law enforcement agencies to the FBI about disclosure to other entities of use of cell site simulators. Specifically, I requested "All correspondence sent and received discussing disclosure and the suppression of disclosure of information about cell site simulators aka "Stingray" devices." and provided an example nondisclosure agreement (also attached here) that requires the aforementioned notifications to be sent to the FBI under specific conditions.

In the attached rejection letter, the FBI broadly invokes FOIA exemption 7(E). The FBI's rejection letter fails to substantiate its invocation of this exemption, but simply asserts that, "The records responsive to your request are law enforcement records; and release of the information in these responsive records would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions and disclosure could reasonably be expected to risk circumvention of the law." The letter fails even to indicate which of the two subclasses — disclosure of techniques/procedures or disclosure of guidelines — is invoked.

The rejection letter fails to show logically how releasing the records would "risk circumvention of the law." The letter likewise fails to indicate how the requested administrative external correspondence concerning cell site simulator disclosures falls into either category, or why the requested documents must be withheld in their entirety versus partially redacted.

I respectfully request that the present request be remanded back to the FBI for full release of responsive documents.

Respectfully,

Jonathan Rudenberg