Harris Corporation manuals submitted to FCC

Shawn Musgrave filed this request with the Federal Communications Commission of the United States of America.
Tracking # 2015-000649
Status
Completed

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 manuals submitted for the following cell site simulator products:

-StingRay
-StingRay II
-KingFish
-Triggerfish
-Loggerhead
-Amberjack
-Gossamer

Given that this FOIA is submitted in my capacity as a journalist who has covered the Justice Department and 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 MuckRock:

https://www.muckrock.com/news/archives/2015/jan/12/how-843-lbs-seized-pot-lead-customs-and-border-pro/

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

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/12/fbi-and-justice-department-cant-find-drone-privacy/

https://www.muckrock.com/news/archives/2015/jan/22/air-force-knows-how-many-mq-9-drones-it-wants-cant/

I have also been published in a number of national media outlets on topics pertaining to national security, law enforcement and technology:

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

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: foia@erulemaking.net

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d28082d1e7)
* Tracking Number: FCC-2015-000649
* Requester Name: Shawn Musgrave
* Date Submitted: 07/28/2015
* Request Status: Submitted
* Description:
All manuals submitted for the following cell site simulator products: -StingRay
-StingRay II
-KingFish
-Triggerfish
-Loggerhead
-Amberjack
-Gossamer

From: David Duarte

Dear Mr. Musgrave,

We are taking a ten day extension on your FOIA request, our new due date is September 9, 2015. Attached is our extension letter.
Regards,

David Duarte
Staff Assistant
OET/ Policy & Rules Division
202-418-2470

From: Federal Communications Commission

An interim response, stating the request is being processed.

From: Federal Communications Commission

A copy of documents responsive to the request.

From: Federal Communications Commission

A cover letter granting the request and outlining any exempted materials, if any.

From: David Duarte

Dear Mr. Musgrave,

Attached please find our response to your FOIA request dated July 27, 2015 (FOIA No. 2015-000649).
Regards,

David Duarte
Staff Assistant
OET/ Policy & Rules Division
202-418-2470

From: Shawn Musgrave

Federal Communications Commission
Office of General Counsel
445 12th St SW
Washington, DC 20554

To Whom It May Concern:

This is an appeal of extensive redactions in the documents provided by the Federal Communications Commission for FOIA request 2015-000649.

In documents released on September 3, 2015, the FCC has made extensive redactions based on Exemption b(4), the "trade secret" exemption. While this exemption certainly applies to certain sections, its invocation to redact an entire chapter of the manual is inappropriate. The FOIA statute and case law requires partial release of documents where possible. I hereby appeal the withholding in whole of Chapter 5 of the manual requested herein, as well as request review of all redactions made throughout the document pursuant to exemption b(4).

Respectfully,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello -

I have not received any acknowledgement of the below appeal. Please confirm that it was received.

Respectfully,
Shawn Musgrave
MuckRock

From: FOIA-Appeal

Your appeal was received and is being processed.

Ryan Yates
Attorney Advisor
Federal Communications Commission
Office of General Counsel
202-418-0886
ryan.yates@fcc.gov

*** Non-Public: For Internal Use Only ***

From: David Senzel

Dear Mr. Musgrave:

The following link is to a Commission memorandum opinion and order ruling on your applications for review. https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-131A1.pdf

Sincerely,

David S. Senzel
Attorney
Office of General Counsel

From: David Senzel

Dear Mr. Musgrave:

As indicated in paragraphs 15 and 16 of the Commission's order, the Office of Engineering & Technology (OET) sent a copy of the redacted manual to Harris Corporation to give it an opportunity to seek a judicial stay. Harris has until November 8 to respond. If Harris does not seek a stay or a stay is denied, OET will send you and Mr. Keys a copy of the redacted manual shortly thereafter.

Sincerely,

David S. Senzel
Attorney
Office of General Counsel

From: David Duarte

Dear Mr. Musgrave,

Pursuant to the Memorandum Opinion and Order adopted by the Commission in response to applications of review filed by Matthew Keys and yourself (In the Matter of Matthew Keys Shawn Musgrave On Request for Inspection of Records, FCC 16-131, released September 30, 2016), we are providing a copy of the manual as redacted pursuant to the Commission's instructions in the Memorandum Opinion and Order(see attached).
Regards,

David Duarte
Staff Assistant
OET/ Policy & Rules Division
202-418-2470

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