US Marshals agreements with Harris Corp/Boeing and meeting minutes re: Stingrays

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

1325201-000

Status
Completed

Communications

From: Evan Anderson

To Whom It May Concern:

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

A copy of all agreements, contracts, memos or emails between the US Marshals Service and the Harris Corporation.
A copy of all agreements, contracts, memos or emails between the US Marshals Service and the Boeing company.
A copy of all meeting minutes for meetings pertaining to cell site simulators, IMSI catchers, "Stingrays," or "Dirtboxes."

In addition, I am seeking all processing notes for my FOIA request (assigned No. 2015USMS27406), received by the US Marshals Service on January 5, 2015, which contain remarks, comments, notes, explanations, etc. about the processing of that request (and appeals or follow-ups, if appropriate). This is to include any notes made during the processing of the request, any standard worksheets completed, and any correspondence referencing the request,
including tasking orders, emails, and coordination documentation.

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,

Evan Anderson

From: USMS FOIA

[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

February 9, 2015

MuckRock News
DEPT MR 16042
PO Box 55819
Boston, MA 02205-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS27647

Dear Requester:

The United States Marshals Service is in receipt of your Freedom of Information/Privacy Act request for records 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 28 C.F.R. § 16.11 or § 16.49, up to $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 us 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 Feb. 7, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: USMS FOIA

We are working on it.

From: Department of Justice, United States Marshals

An interim response, stating the request is being processed.

From: Federal Bureau of Investigation

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

From: Federal Bureau of Investigation

A copy of documents responsive to the request.

From: USMS FOIA

[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

May 12, 2015

Evan Anderson
MuckRock
DEPT MR 16042
PO Box 55819
Boston, MA 02205-5819

Re: Freedom of Information Act Request No. 2015USMS27647
Subject: Harris and Boeing Corporation Contracts

Dear Requester:

The United States Marshals Service (USMS) is responding to your request for “(1) a copy of all agreements, contracts, memos or emails between the US Marshals Service and the Harris Corporation; (2) a copy of all agreements, contracts, memos or emails between the US Marshals Service and the Boeing company; and (3) a copy of all meeting minutes for meetings pertaining to cell site simulators, IMSI catchers, "Stingrays," or "Dirtboxes."”
Pursuant to items one and two of your request, the USMS search of its files located the contracts between the USMS and the Harris Corporation consisting of 187 pages and the Boeing Corporation consisting of 55 pages. We have determined to grant you access to these 242 pages of documents with deletions pursuant to exemptions (b)(4), (b)(6), (b)(7)(C), (b)(7)(E), and (b)(7)(F) of the Freedom of Information Act, 5 U.S.C. § 552(b).

With respect to item three of your request, a search of the USMS Investigative Operations Division located no records responsive to your request.

Exemption 4 allows an agency to withhold trade secrets and commercial or financial information obtained from a person that is privileged or confidential. Exemption 6 allows an agency to withhold personnel, medical and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Exemption 7 allows 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 (A) interfere with ongoing proceedings and (C) constitute an unwarranted invasion of personal privacy, (E) would disclose techniques and procedures for law enforcement investigation 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, and (F) could reasonably be expected to endanger the life or physical safety of any individual. A discretionary release of records or information is not appropriate. See also United States Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989).

If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 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/ Privacy 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

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