Policies, procedures, figures, and contracts concerning IMSI catchers (Boston Police Department)

October 28, 2016

Jonathan Cohn

Muckrock

Dear Mr. Cohn:

Pursuant to G. L. c. 66, § 10 (b), this correspondence is to confirm
receipt of your request for documents that are potentially in the
possession, custody or control of the Boston Police Department.
Specifically, you have requested:

Documents concerning IMSI catchers or any of the following words:
"Stingray", "cell site simulator", or "dirtbox". including:
-Contracts with the Harris Corporation regarding the acquisition of their
Stingray or KingFish IMSI catchers
-Department policies and procedure regarding the use of IMSI catcher
technology
-memos, guidelines, or slideshows mentioning IMSI technology
-procedures on the keeping of statistics about the Department's use and
acquisition of IMSI catchers
-statistics concerning the deployment of IMSI catcher technology in police
operations
-statistics concerning the number of IMSI catchers purchased by the
Department

We will contact you as soon as possible with our findings, and will send
you a cost estimate for your requested materials if fulfilling the request
is expected to exceed $10.00, per 950 C.M.R. 32.06(1); 950 C.M.R. 32.03;
M.G.L. c 66 § 10(a).

Please be advised that we research each request in the order it was
received, and it may take longer than ten days to be fulfilled. If your
request requires a substantial amount of research, reviewing and redacting,
fulfilling the request will take a significant amount of time. Please plan
accordingly.

Thank you,

Office of Media Relations

Boston Police Department

617-343-3520

www.bpdnews.com

Mr. Waltman,

You have requested documents in the possession, custody or control of
the Boston Police Department under the Massachusetts Public Records Request
Act (M.G.L. c. 66 10) Specifically you requested:

-Contracts with the Harris Corporation regarding the acquisition of their
Stingray or KingFish IMSI catchers

-Department policies and procedure regarding the use of IMSI catcher
technology

-memos, guidelines, or slideshows mentioning IMSI technology

-procedures on the keeping of statistics about the Department's use and
acquisition of IMSI catchers

-statistics concerning the deployment of IMSI catcher technology in police
operations

-statistics concerning the number of IMSI catchers purchased by the
Department

Please see responses provided:

-Please find all redacted contracts with the Harris Corporation attached
below. Portions of the documents are exempt from disclosure by
Massachusetts General Law C. 4 7(26)(a), (d) and (g). Specifically, trade
secret information, such as that contained in the Harris Corporation Terms
and Conditions, is exempt from disclosure by Massachusetts General Law C. 4
7(26)(g) and has been removed from the enclosed Terms and Conditions. This
information is further protected by Massachusetts General Law C.4 7(26)(f).
Disclosure of the information contained in the removed portion of the Terms
and Conditions would not be in the public interest and would prejudice the
possibility of effective law enforcement. The protection of such
investigatory materials and reports is essential to ensure that the
Department can continue to effectively monitor and control criminal
activity and thus protect the safety of private citizens.

-With respect to your request for the Departments policies and procedures
regarding the use of IMSI catcher technology, please be advised that the
Department only utilizes Cell Site Simulators subject to a search warrant
or where exigent circumstances exist that require immediate law enforcement
action. Rule 334 (Search Warrant Application and Execution) of the
Department’s Rules and Procedures sets forth the protocol for obtaining and
executing a search warrant in order to meet constitutional requirements and
properly safeguard the rights and safety of all parties involved. The
processes set forth in Rule 334 would include search warrants obtained for
the use of Cell Site Simulators. A copy of Rule 334 is enclosed herein in
response to this portion of your request.

-With respect to your request for memos, guidelines or slideshows
mentioning IMSI technology, please be advised these documents are exempt
from disclosure by Massachusetts General Law C. 4 s. 7(26)(f). Disclosure
of the information contained in these documents would not be in the public
interest and would prejudice the possibility of effective law enforcement.
The protection of such investigatory materials is essential to ensure that
the Department can continue to effectively monitor and control criminal
activity and thus protect the safety of private citizens.

-There are 0 documents responsive to your request for procedures on the
keeping of statistics about the Department’s use and acquisition of IMSI
catchers.

-With respect to your request for statistics concerning the deployment of
IMSI catcher technology in police operations, the technology was utilized
on three (3) occasions from 2009-2014: one domestic violence investigation,
one kidnapping investigation, and one time the technology was used to
assist an outside state or local law enforcement agency with an
investigation. Assuming responsive documentation exists identifying these
agencies, any further details regarding the deployment of cell site
simulators for other is exempt from disclosure by Massachusetts General
Law C. 4 s. 7(26)(f). Disclosure of the information contained in these
documents would not be in the public interest and would prejudice the
possibility of effective law enforcement. The protection of such
investigatory materials is essential to ensure that the Department can
continue to effectively monitor and control criminal activity and thus
protect the safety of private citizens.

-There are 0 documents responsive to your request for statistics concerning
the number of IMSI catchers purchased by the Department.
--
Myeshia Henderson
Media Relations-Coordinator
Office of the Police Commissioner
Boston Police Department
One Schroeder Plaza
Boston, MA 02120

Mr. Waltman,

You have requested documents in the possession, custody or control of
the Boston Police Department under the Massachusetts Public Records Request
Act (M.G.L. c. 66 10) Specifically you requested:

-Contracts with the Harris Corporation regarding the acquisition of their
Stingray or KingFish IMSI catchers

-Department policies and procedure regarding the use of IMSI catcher
technology

-memos, guidelines, or slideshows mentioning IMSI technology

-procedures on the keeping of statistics about the Department's use and
acquisition of IMSI catchers

-statistics concerning the deployment of IMSI catcher technology in police
operations

-statistics concerning the number of IMSI catchers purchased by the
Department

Please see responses provided:

-Please find all redacted contracts with the Harris Corporation attached
below. Portions of the documents are exempt from disclosure by
Massachusetts General Law C. 4 7(26)(a), (d) and (g). Specifically, trade
secret information, such as that contained in the Harris Corporation Terms
and Conditions, is exempt from disclosure by Massachusetts General Law C. 4
7(26)(g) and has been removed from the enclosed Terms and Conditions. This
information is further protected by Massachusetts General Law C.4 7(26)(f).
Disclosure of the information contained in the removed portion of the Terms
and Conditions would not be in the public interest and would prejudice the
possibility of effective law enforcement. The protection of such
investigatory materials and reports is essential to ensure that the
Department can continue to effectively monitor and control criminal
activity and thus protect the safety of private citizens.

-With respect to your request for the Departments policies and procedures
regarding the use of IMSI catcher technology, please be advised that the
Department only utilizes Cell Site Simulators subject to a search warrant
or where exigent circumstances exist that require immediate law enforcement
action. Rule 334 (Search Warrant Application and Execution) of the
Department’s Rules and Procedures sets forth the protocol for obtaining and
executing a search warrant in order to meet constitutional requirements and
properly safeguard the rights and safety of all parties involved. The
processes set forth in Rule 334 would include search warrants obtained for
the use of Cell Site Simulators. A copy of Rule 334 is enclosed herein in
response to this portion of your request.

-With respect to your request for memos, guidelines or slideshows
mentioning IMSI technology, please be advised these documents are exempt
from disclosure by Massachusetts General Law C. 4 s. 7(26)(f). Disclosure
of the information contained in these documents would not be in the public
interest and would prejudice the possibility of effective law enforcement.
The protection of such investigatory materials is essential to ensure that
the Department can continue to effectively monitor and control criminal
activity and thus protect the safety of private citizens.

-There are 0 documents responsive to your request for procedures on the
keeping of statistics about the Department’s use and acquisition of IMSI
catchers.

-With respect to your request for statistics concerning the deployment of
IMSI catcher technology in police operations, the technology was utilized
on three (3) occasions from 2009-2014: one domestic violence investigation,
one kidnapping investigation, and one time the technology was used to
assist an outside state or local law enforcement agency with an
investigation. Assuming responsive documentation exists identifying these
agencies, any further details regarding the deployment of cell site
simulators for other is exempt from disclosure by Massachusetts General
Law C. 4 s. 7(26)(f). Disclosure of the information contained in these
documents would not be in the public interest and would prejudice the
possibility of effective law enforcement. The protection of such
investigatory materials is essential to ensure that the Department can
continue to effectively monitor and control criminal activity and thus
protect the safety of private citizens.

-There are 0 documents responsive to your request for statistics concerning
the number of IMSI catchers purchased by the Department.
--
Myeshia Henderson
Media Relations-Coordinator
Office of the Police Commissioner
Boston Police Department
One Schroeder Plaza
Boston, MA 02120

Mr. Waltman,

You have requested documents in the possession, custody or control of
the Boston Police Department under the Massachusetts Public Records Request
Act (M.G.L. c. 66 10) Specifically you requested:

-Contracts with the Harris Corporation regarding the acquisition of their
Stingray or KingFish IMSI catchers

-Department policies and procedure regarding the use of IMSI catcher
technology

-memos, guidelines, or slideshows mentioning IMSI technology

-procedures on the keeping of statistics about the Department's use and
acquisition of IMSI catchers

-statistics concerning the deployment of IMSI catcher technology in police
operations

-statistics concerning the number of IMSI catchers purchased by the
Department

Please see responses provided:

-Please find all redacted contracts with the Harris Corporation attached
below. Portions of the documents are exempt from disclosure by
Massachusetts General Law C. 4 7(26)(a), (d) and (g). Specifically, trade
secret information, such as that contained in the Harris Corporation Terms
and Conditions, is exempt from disclosure by Massachusetts General Law C. 4
7(26)(g) and has been removed from the enclosed Terms and Conditions. This
information is further protected by Massachusetts General Law C.4 7(26)(f).
Disclosure of the information contained in the removed portion of the Terms
and Conditions would not be in the public interest and would prejudice the
possibility of effective law enforcement. The protection of such
investigatory materials and reports is essential to ensure that the
Department can continue to effectively monitor and control criminal
activity and thus protect the safety of private citizens.

-With respect to your request for the Departments policies and procedures
regarding the use of IMSI catcher technology, please be advised that the
Department only utilizes Cell Site Simulators subject to a search warrant
or where exigent circumstances exist that require immediate law enforcement
action. Rule 334 (Search Warrant Application and Execution) of the
Department’s Rules and Procedures sets forth the protocol for obtaining and
executing a search warrant in order to meet constitutional requirements and
properly safeguard the rights and safety of all parties involved. The
processes set forth in Rule 334 would include search warrants obtained for
the use of Cell Site Simulators. A copy of Rule 334 is enclosed herein in
response to this portion of your request.

-With respect to your request for memos, guidelines or slideshows
mentioning IMSI technology, please be advised these documents are exempt
from disclosure by Massachusetts General Law C. 4 s. 7(26)(f). Disclosure
of the information contained in these documents would not be in the public
interest and would prejudice the possibility of effective law enforcement.
The protection of such investigatory materials is essential to ensure that
the Department can continue to effectively monitor and control criminal
activity and thus protect the safety of private citizens.

-There are 0 documents responsive to your request for procedures on the
keeping of statistics about the Department’s use and acquisition of IMSI
catchers.

-With respect to your request for statistics concerning the deployment of
IMSI catcher technology in police operations, the technology was utilized
on three (3) occasions from 2009-2014: one domestic violence investigation,
one kidnapping investigation, and one time the technology was used to
assist an outside state or local law enforcement agency with an
investigation. Assuming responsive documentation exists identifying these
agencies, any further details regarding the deployment of cell site
simulators for other is exempt from disclosure by Massachusetts General
Law C. 4 s. 7(26)(f). Disclosure of the information contained in these
documents would not be in the public interest and would prejudice the
possibility of effective law enforcement. The protection of such
investigatory materials is essential to ensure that the Department can
continue to effectively monitor and control criminal activity and thus
protect the safety of private citizens.

-There are 0 documents responsive to your request for statistics concerning
the number of IMSI catchers purchased by the Department.
--
Myeshia Henderson
Media Relations-Coordinator
Office of the Police Commissioner
Boston Police Department
One Schroeder Plaza
Boston, MA 02120