Manuals or Documentation Regarding Accessing Carrier IQ Data (ICE)

Michael Morisy filed this request with the Immigration and Customs Enforcement of the United States of America.
Tracking # 2012FOIA3204
Est. Completion None
Status
No Responsive Documents

Communications

From: Michael Morisy

To Whom It May Concern:

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

Any manuals, documents or other written guidance used to access or analyze data gathered by programs developed or deployed by Carrier IQ. Please query any departments or groups that routinely work with mobile and wireless carriers in monitoring, deciphering, intercepting or otherwise accessing electronic communications.

In addition, I ask for expedited processing as this is a matter of immediate news interest: The existence of Carrier IQ's software was recently disclosed and has immediate ramifications on constitutionally protected privacy rights.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not 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,

Michael Morisy

From: Immigration and Customs Enforcement

From: Michael Morisy

To Whom It May Concern:

In ICE's letter postmarked Dec. 14, 2011, the agency response indicated that I had been placed in the non-commercial fee category. My request should be processed as a request filed by a valid media requester.

I am a reporter and editor at MuckRock.com, a widely cited news site, as well as a current and former reporter and editor at other widely recognized news organizations. My original reporting work has been widely disseminated to the public, both on MuckRock.com as well as other news outlets.

Specifically, my reporting on possible Carrier IQ usage was national news, picked up by other, more traditional news organizations including Forbes, the Wall Street Journal, and the Washington Post.

Specifically, the Washington Post referred to me as a reporter in a Dec. 15, 2011 article on the issue:

> The FBI denied a request for information regarding Carrier IQ
> filed by a reporter for MuckRock News under the Freedom of
> Information Act. The reporter had asked for “manuals, documents
> or other written guidance used to access or analyze data” gathered
> by any Carrier IQ program. In denying the request, the FBI said it had
> information but could not disclose it, because it was considered “law
> enforcement records.”

Please process and assess fees according to proper categorization of my request in the news media requester category.

Thanks,

Michael Morisy

From: ICE-FOIA <foiacab@ice.dhs.gov>

ICE has received the information you submitted to the ICE-FOIA@dhs.gov<mailto:ICE-FOIA@dhs.gov> mailbox.

If you are submitting a FOIA request, this courtesy reply does not replace the Acknowledgement Letter which will be sent to you once your request has been entered into our FOIA Request Tracking System.

If you are seeking the status of a pending FOIA request for which you have a FOIA case number, you may check the status of your request online at www.ice.gov/foia/status/<http://www.ice.gov/foia/status/>.

Please visit the ICE FOIA Library at www.ice.gov/foia/library/<http://www.ice.gov/foia/library/>.

As this reply is automatically generated, please do not respond to this notification.

From: Immigration and Customs Enforcement

From: Michael Morisy

Hi,

I'm writing in regards to my appeal OPLA12-364, which was in regards to request FOIA 2012FOIA3204.

I apologize for any confusion my appeal caused, and I would like to clarify the grounds of my appeal as the appeal response did not address my points.

First, I am not appealing the rejection of my request for a fee waiver, and so the six factor test is not applicable. I also do not base by request for media requester status on my usage of the MuckRock.com filing service.

Instead, I request that I be processed as a "Media Requester" because I am and have been employed full-time as a journalist whose work is widely disseminated.

In addition to my published work on MuckRock, which includes original synthesis and reporting in addition to publishing government documents, my work has appeared in Commonwealth Magazine (http://j.mp/qpsVwj), numerous newspapers published throughout New England via my work for the New England Center for Investigative Reporting including in the Cape Code Times, and dozens of other print and online periodicals including the New York Daily News.

I intend to use the results of this request in further original reporting. Please reprocess my appeal and address the basis of it. If more evidence of my media requester status is required, please indicate what other evidence a full-time journalist needs to provide in order to be appropriately placed in the media requester fee category.

Thanks for your help,

Michael

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 Dec. 1, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2012FOIA3204.

Thank you for your help.

From: ICE-FOIA <ICE-FOIA@ice.dhs.gov>

I have asked Louis Todd Fuss of my staff to contact you with status.

May 8, 2012
Immigration and Customs Enforcement
Immigration and Customs Enforcement
Freedom of Information Act/Privacy Office
800 North Capitol Street, NW, Room 585
Washington, DC 20536-5009

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 Dec. 1, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2012FOIA3204.

Thank you for your help.

From: Immigration and Customs Enforcement

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