US Marshals policy on preserving text messages

Shawn Musgrave filed this request with the Department of Justice, United States Marshals of the United States of America.

It is a clone of this request.

Tracking # DOJ-AP-2016- 003020
Est. Completion None
Status
No Responsive Documents

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 policy and guidance documents regarding the preservation of text messages.

A 2011 Attorney General memo (see http://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/electronic-communications.pdf) directed that, "Each component should provide guidance to affected employees on how to preserve the various messaging formats (text, SMS, 1M, PIN, etc.), or any other e-communication that may contain potentially discoverable information. Where an e-communication containing potentially discoverable information cannot be preserved electronically or printed, the agency's inability to do so should be documented so that the preservation approach can be explained in court."

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: 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.

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.

Thank you for your help.

From: USMS FOIA

It has been assigned to Toni Fuentes. She will provide status.

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.

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.

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

From: USMS FOIA

Your request is assigned to Toni Fuentes. She is cc’d on this email.

From: Department of Justice, United States Marshals

A no responsive documents response.

From: Shawn Musgrave

To Whom It May Concern:

I hereby appeal the rejection in full of the subject FOIA request — 2015USMS28305.

As I noted in my original request of May 2015, the requested records were required to be promulgated per a 2011 order of the U.S. Attorney General. For the USMS to respond as it has — namely, that no records could be found — is tantamount to an admission that the US Marshals defied an order by the Attorney General.

As such, I appeal for inadequate search as ask that this request be remanded to the US Marshals for good faith provision of responsive records.

Respectfully,
Shawn Musgrave

From: OIP-NoReply@usdoj.gov

05/18/2016 01:07 PM FOIA Request: DOJ-AP-2016-003020

From: OIP-NoReply@usdoj.gov

DOJ-AP-2016-003020 has been processed with the following final disposition: Affirmed on Appeal -- No records.

  • Musgrave, Shawn, DOJ-AP-2016-003020, USMS, affirm search no records

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