FBI StingRay operator training standards

Shawn Musgrave filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking # 1327819-000
Status
Rejected

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:

The operator training standards for operators of cell site simulators, as identified by the FBI and indicated to local/state law enforcement agencies.

In the non-disclosure agreement released by the Erie County Sheriff (NY), dated June 29, 2012, the third provision stipulates: "The Erie County Sheriff's Office will ensure that operators of the equipment have met the operator training standards identified by the FBI and are certified to conduct operations."

A copy of this NDA is available here: https://www.documentcloud.org/documents/1777753-erie-county-stingray-nda-nyclu-apr-2015.html

This is a request for the document(s) which outline the operator training standards identified by the FBI, per the above provision in the NDA signed between state/local law enforcement and the FBI.

Given that this FOIA is submitted in my capacity as a journalist who has covered StingRays extensively, I request that I be categorized as a media requester for the purpose of fees. Here is a selection of my published articles on StingRays:

https://www.muckrock.com/news/archives/2014/jun/23/illinois-state-police-purchased-stingray-2008-250k/

https://www.muckrock.com/news/archives/2015/apr/08/full-disclosure-last-lawsuit-reveals-unredacted-st/

https://www.muckrock.com/news/archives/2015/mar/03/us-marshals-service-conceal-key-details-millions-s/

I have also been published in a number of national media outlets on topics involving the FBI, national security and law enforcement technologies:

http://motherboard.vice.com/read/the-us-spent-360-million-on-border-drones-thanks-to-this-flimsy-report

http://motherboard.vice.com/read/the-air-force-says-it-needs-precisely-52-new-reaper-drones-cant-explain-why

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

www.betaboston.com/news/2014/03/05/a-vast-hidden-surveillance-network-runs-across-america-powered-by-the-repo-industry/

https://www.thedailybeast.com/articles/2015/02/05/nypd-social-media-policy-allows-catfishing-with-the-proper-paperwork.html

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://news.vice.com/article/fbi-agent-who-killed-boston-bombing-suspects-friend-was-twice-accused-of-police-brutality

As 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 pertains to a matter of considerable public interest, I further request a full waiver of all fees.

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,

Shawn Musgrave

From: Sobonya, David P. (RMD) (FBI)

Dear Mr. Musgrave,

The FBI has received your Freedom of Information Act/Privacy (FOIPA) request and it will be forwarded to Initial Processing for review. Your request will be processed under the provisions of FOIPA and a response will be mailed to you at a later date.

Requests for fee waivers and expedited processing will be addressed once your request has been assigned an FOIPA request number. You will receive written notification of the FBI’s decision.

Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov<http://www.fbi.gov>/, http://www.fbi.gov/foia/ or http://www.justice.gov/oip. If you require additional assistance please contact the Public Information Officer.

Thank you,

David P. Sobonya
Public Information Officer/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

From: Federal Bureau of Investigation

An interim response, stating the request is being processed.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 22, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #1327819-000.

Thank you for your help.

From: Sobonya, David P. (RMD) (FBI)

Dear Mr. Musgrave,

Due to the voluminous requests that the FBI receives on a daily, weekly, monthly and annual basis, requesters are encouraged to utilize the online option to Check the Status of Your FOIPA Request by following the instructions in the attached sample. The last status update was performed on June 10, 2015.

Upon entering your FOIPA Request Number, the requester will be provided “ONE” of the following STATUS RESULTS:

The FBI’s FOI/PA Program is processing your request in accordance to the Freedom of Information and Privacy Act guidelines. *The Disclosure analyst is making a line by line, page by page review of the records to determine if any redactions are required pursuant to subsections of Title 5, U. S. Code, Section 552 and 552a. Upon completion, the records are forwarded to a supervisor for review, if approved, a release will be forthcoming.

The FBI’s FOI/PA Program is searching the FBI’s indices for potentially responsive documents. You may be contacted via form letter for all fees and/or negotiation issues that may apply. *Requests are received by Initial Processing (IP) where they are opened, assigned a FOIPA Request Number and correspondence mailed to the requester. The IP analyst searches for, retrieves and reviews potentially responsive records. If responsive records are located, they are forwarded to Disclosure for processing.

The FBI’s FOIPA Program has identified potential responsive information to your request and awaits assignment to a Government Information Specialist (GIS) for further processing. *Responsive information was located and has been forwarded to the “Backlog” where the request awaits assignment to a GIS for processing.

The information you have requested is part of a previously requested subject matter and will be preprocessed in accordance to the prior releasable information. *A previous request has already been made for the subject matter.

The request is currently in appeal status with the Office of Information Policy (OIP). *The FBI is not involved in the appeals process so please contact OIP’s Customer Service regarding appeal matters at (202) 514-3642.

The request is currently in litigation with Federal Court

The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file. *Correspondence and/or a release of records were recently mailed. If you recently had a change of address please contact us at foiparequest@ic.fbi.gov<mailto:foiparequest@ic.fbi.gov>.

Please contact me if you require further assistance.

Thank you,

*Material is provided for information purposes

David P. Sobonya
Public Information Officer/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 22, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #1327819-000.

Thank you for your help.

From: FOIPAQUESTIONS

Dear Mr. Musgrave,

Please check the status of your FOIPA Request at http://www.fbi.gov and access the (Freedom of Information Act) link at the bottom of the page, or http://www.fbi.gov/foia, or http://vault.fbi.gov/fdps-1@@search-fdps, and follow the instructions below.

Check the Status of Your FOIPA Request

If your FOIPA Number is [1195846-0] please enter [1195846-000] into the system. If your FOIPA Number is [1195846-1] please enter [1195846-001] into the system. If you have any questions about the status of your FOIPA request, please e-mail foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>.

FIND STATUS OF FOIPA- LAST UPDATED ON JULY 15, 2015

Please enter the whole FOIPA number-Example: [1234567-000]

FOIPA:

Results will show the Request Number, Case Type and Process Description shown below:

FOIPA:

1234567-000

Case Type:

FOIPA

Process Description (Will display the current progress of the request)

The FBI’s FOIPA Program is searching the FBI’s indices for potentially responsive documents.

You may be contacted via formal letter for all fees and/or negotiation issues that may apply.
NOTE: Recent requests are entered into the FOIPA database in the order that they are received. Before you can check the status, you must have received correspondence assigning a FOIPA request number and the information transferred to the online database. Status information is updated weekly. If a request has been closed within the last six months the online database will display the following: The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file.

Thank you,

Lauren McGuinn
Public Liaison/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997
E-mail: foiparequest@ic.fbi.gov<mailto:foiparequest@ic.fbi.gov>
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at http://www.fbi.gov/foia by clicking on the CHECK STATUS OF YOUR FOI/PA REQUEST under the FOIA INDEX located on the right side of the page. Status updates are performed on a weekly basis.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 22, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #1327819-000.

Thank you for your help.

From: FOIPAQUESTIONS

Dear Mr. Musgrave,

The FBI’s FOI/PA Program is searching the FBI’s indices for potentially responsive documents. You may be contacted via form letter for all fees and/or negotiation issues that may apply. *Requests are received by Initial Processing (IP) where they are opened, assigned a FOIPA Request Number and correspondence mailed to the requester. The IP analyst searches for, retrieves and reviews potentially responsive records. If responsive records are located, they are forwarded to Disclosure for processing.

Thank you,

Lauren McGuinn
Public Liaison/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997
E-mail: foiparequest@ic.fbi.gov<mailto:foiparequest@ic.fbi.gov>
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at http://www.fbi.gov/foia by clicking on the CHECK STATUS OF YOUR FOI/PA REQUEST under the FOIA INDEX located on the right side of the page. Status updates are performed on a weekly basis.

From: Federal Bureau of Investigation

The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.

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