ODAG working group re: text message archiving

Shawn Musgrave filed this request with the Department of Justice, Office of Information Policy of the United States of America.
Tracking # DAG/15-03549
Due June 17, 2015
Est. Completion None
Status
Awaiting Response

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 meeting agendas, notes and summaries from the ODAG working group on text message archiving/preservation
-Any technical reports, policy papers or project plans produced by the ODAG working group on text message archiving/preservation

Per a March 2015 report from the Justice Department Office of the Inspector General (see https://oig.justice.gov/reports/2015/e1504.pdf#page=61), the ODAG constituted this working group at least 3 years ago: "After unfavorable court rulings, ODAG officials recognized the importance of this issue and constituted a working group to address it. According to ODAG officials we interviewed, the working group included representatives from ATF, the DEA, and the FBI. During discussions over the last 3 years, ODAG officials said they cautioned the components about the risks associated with not establishing a system for archiving text messages in the same manner e-mail messages are archived on their backup servers. At the working group meetings, both ATF and DEA told ODAG officials that they are unable to archive the text messages of their employees because the operating systems they currently use would need to be completely restructured to preserve text messages."

Given that this FOIA is submitted in my capacity as a journalist who has covered federal law enforcement 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 other national media outlets on topics regarding federal law enforcement:

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: Davis, James K. (OIP)

Dear Mr. Musgrave:

Please see the attached.

James Davis
Attorney-Advisor
Office of Information Policy
Department of Justice
Suite 11050
1425 New York Avenue, NW
Washington, DC 20530-0001
james.k.davis2@usdoj.gov<mailto:james.k.davis2@usdoj.gov>

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 May 19, 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 #DAG/15-03549.

Thank you for your help.

From: Davis, James K. (OIP)

Mr. Musgrave,

We received your inquiry regarding your above-referenced FOIA request. Please be advised that we are still searching for responsive records, and we can only estimate that it will take about three months to process your FOIA request. This is a preliminary estimate at this time. We will be able to provide a more accurate estimate once our searches have been completed and we have conducted an initial review of the responsive material.
Regards,

James K. Davis
Attorney Advisor
Office of Information Policy

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 May 19, 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 #DAG/15-03549.

Thank you for your help.

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 May 19, 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 #DAG/15-03549.

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

From: Davis, James K. (OIP)

Mr. Musgrave,

Please be advised that we are continuing to search for responsive records, and we can only estimate that it will take about one to three months to process your FOIA request. This is a preliminary estimate at this time. We will be able to provide a more accurate estimate once our searches have been completed and we have conducted an initial review of the responsive material.
Regards,

James K. Davis
Attorney Advisor
Office of Information Policy

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