KingFishing

Martin Peck filed this request with the Department of Justice, United States Marshals of the United States of America.
Tracking #

AP-2016-01068

Status
Rejected

Communications

From: Martin Peck

To Whom It May Concern:

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

The number of Harris Corporation KingFish systems/devices used by, or owned or leased by the United States Marshals.

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

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, DVD-R, or BD-R 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,

Martin Peck

From: Robinson, Nancy (USMS)

[USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530-1000

June 29, 2015

Martin Peck
MuckRock News
DEPT MR 18595
PO Box 55819
Boston, MA 02205-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS28433
Subject: Harris Corporation Kingfish Owned by the Marshals Service
Dear Requester:

The United States Marshals Service is in receipt of your Freedom of Information/Privacy Act (FOIA/PA) request for records pertaining to the above subject maintained by this Bureau.
We have commenced a search for documents responsive to your request and will contact you when our processing is complete.

Although we are unable to determine at this time the amount of fees to be charged to you, if any, the filing of your request constitutes your agreement to pay all applicable fees that may be charged under the Department of Justice FOIA/PA regulations in excess of $25.00. You will be notified as soon as practicable if the estimated or actual fee for satisfying your request exceeds $25.00.

If you should have any questions, please contact Nancy Robinson at (202) 307-9054.

Sincerely,

William E. Bordley
Associate General Counsel/FOIPA Officer
Office of General Counsel

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 June 11, 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 #2015USMS28433 .

Thank you for your help.

From: Robinson, Nancy (USMS)

We are working on it.

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 June 11, 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 #2015USMS28433 .

Thanks for your help, and let me know if further clarification is needed.

From: Robinson, Nancy (USMS)

[USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4,10th Floor
Washington, DC 20530-1000

November 23, 2015

Martin Peck
MuckRock News
DEPT MR 18595
PO Box 55819
Boston, MA 02205-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS28433
Subject: Number of Harris Corporation KingFish Devices

Dear Requester:

The United States Marshals Service is responding to your request for the number of Harris Corporation KingFish systems/devices used by, or owned or leased by the United States Marshals.
Your request for these records is denied pursuant to exemption (b)(7)(E) of the Freedom of Information Act, 5 U.S.C. § 552(b). Exemption 7(E) permits an agency to withhold records or information compiled for law enforcement purposes to the extent that the production of such records or information could reasonably be expected to (E) disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.

If you are not satisfied with my response to your request, you may administratively appeal by writing to the Director, Office of Information Policy, United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's eFOIA portal at http://www.justice.gov/oip/efoia-portal.html. Your appeal must be postmarked or transmitted electronically within sixty days from the date of this letter. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal.

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c ) (2006), & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

Sincerely,

William E. Bordley
Associate General
Counsel/FOIPA Officer
Office of General Counsel

From: Martin Peck

Please note that exemption (b)(7)(E) of the Freedom of Information Act, 5 U.S.C. § 552(b) regarding disclosure of techniques and procedures for law enforcement investigations or prosecutions, does not apply to a count of devices. A count of devices, which the agency has already admitted to using and operating, conveys no risk to sensitive LE techniques and procedures. A count is merely an inventory of known equipment, while the technical details of how that equipment operates may be properly restricted under U.S.C. § 552(b)(7)(E).

I request appeal of this refusal; the information sought is not protected.

From: OIP-NoReply

Please do not reply to this e-mail, as this account is not monitored. To ensure a prompt reply, please direct any inquiries to the contact information listed in the correspondence provided to you. Thank you.

From: OIP-NoReply

Davita E. Brown
Secretary
US Department of Justice
Office of Information Policy
Phone: (202) 514-4952
Fax: (202)514-1009

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