Government Surveillance Documentation - New York City Police Department (2020-2022)
| Tracking # |
FOIL-2023-056-11528 |
| Submitted | May 17, 2023 |
| Est. Completion | Oct. 25, 2024 |
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Communications
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Dear Public Information Officer,
I am writing to submit a Freedom of Information Act (FOIA) request, received on [date of receipt of the request], seeking specific digital and physical documents related to government surveillance programs operated by the New York Police Department (NYPD) from the years 2020 to 2022. The requested documents include, but are not limited to:
Digital Documents:
a. Policies, procedures, guidelines, and training materials regarding the use of specific facial recognition software or hardware (e.g., Clearview AI, NEC NeoFace).
b. Records, contracts, and procurement documents related to the acquisition and use of license plate readers, including specific models or manufacturers employed by the NYPD.
c. Protocols, authorizations, and any legal opinions governing the use of cell phone tracking devices, specifically Stingray or any other similar tools utilized by the NYPD.
d. Internal reports, assessments, or audits evaluating the effectiveness, efficiency, or impact of government surveillance programs.
e. Any emails, memos, or other digital communications discussing or mentioning government surveillance activities.
Physical Documents:
a. Manuals, handbooks, or printed guidelines outlining the permissible use of surveillance technologies by NYPD personnel.
b. Copies of agreements, contracts, or memoranda of understanding with external entities regarding data sharing or access to surveillance technology.
c. Hard copies of reports, assessments, or audits conducted by the NYPD or external entities regarding government surveillance programs.
d. Pamphlets, brochures, or printed materials used to inform the public about surveillance initiatives.
To ensure a comprehensive search, please include all relevant departments, units, and storage locations within the NYPD, including the Intelligence Bureau, Technical Assistance Response Unit, and Legal Bureau.
In compliance with applicable legal standards, I kindly request that you process this FOIA request in a manner consistent with the public's right to access information regarding government surveillance programs. Please note that the claim that disclosure would interfere with government operations must be supported by specific and demonstrable evidence.
Additionally, I request that you provide an index of any documents that are redacted or withheld in whole or in part. The index should include the title or description of each document, the specific exemption(s) applied, and the justification for each redaction or withholding.
In support of this FOIA request, I refer to the following court cases:
United States v. Jones, 565 U.S. 400 (2012): This landmark Supreme Court case addressed the Fourth Amendment implications of prolonged GPS tracking and emphasized the need for warrants and limitations on government surveillance activities.
ACLU v. NYPD, 959 F.3d 546 (2d Cir. 2020): In this federal appellate court case, the court recognized the public's right to access information concerning government surveillance programs and found that vague claims of interference with government operations were insufficient to withhold requested documents.
Carpenter v. United States, 138 S. Ct. 2206 (2018): The Supreme Court held that obtaining historical cell phone location records without a warrant violates the Fourth Amendment's protection against unreasonable searches, highlighting the need for safeguards and accountability in government surveillance practices.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, 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 5 business days, as the statute requires.
Sincerely,
Jordan Lassiter
From: New York City Police Department
Your request FOIL-2023-056-11528 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.
Request Title: Government Surveillance Documentation - New York City Police Department (2020-2022)
Request Description: Other Request
Request Type: Other Request
Other Request
Type of Request:
Report #:
Date:
Time:
Precinct:
Location:
Description:
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Dear Public Information Officer,
I am writing to submit a Freedom of Information Act (FOIA) request, received on [date of receipt of the request], seeking specific digital and physical documents related to government surveillance programs operated by the New York Police Department (NYPD) from the years 2020 to 2022. The requested documents include, but are not limited to:
Digital Documents:
a. Policies, procedures, guidelines, and training materials regarding the use of specific facial recognition software or hardware (e.g., Clearview AI, NEC NeoFace).
b. Records, contracts, and procurement documents related to the acquisition and use of license plate readers, including specific models or manufacturers employed by the NYPD.
c. Protocols, authorizations, and any legal opinions governing the use of cell phone tracking devices, specifically Stingray or any other similar tools utilized by the NYPD.
d. Internal reports, assessments, or audits evaluating the effectiveness, efficiency, or impact of government surveillance programs.
e. Any emails, memos, or other digital communications discussing or mentioning government surveillance activities.
Physical Documents:
a. Manuals, handbooks, or printed guidelines outlining the permissible use of surveillance technologies by NYPD personnel.
b. Copies of agreements, contracts, or memoranda of understanding with external entities regarding data sharing or access to surveillance technology.
c. Hard copies of reports, assessments, or audits conducted by the NYPD or external entities regarding government surveillance programs.
d. Pamphlets, brochures, or printed materials used to inform the public about surveillance initiatives.
To ensure a comprehensive search, please include all relevant departments, units, and storage locations within the NYPD, including the Intelligence Bureau, Technical Assistance Response Unit, and Legal Bureau.
In compliance with applicable legal standards, I kindly request that you process this FOIA request in a manner consistent with the public's right to access information regarding government surveillance programs. Please note that the claim that disclosure would interfere with government operations must be supported by specific and demonstrable evidence.
Additionally, I request that you provide an index of any documents that are redacted or withheld in whole or in part. The index should include the title or description of each document, the specific exemption(s) applied, and the justification for each redaction or withholding.
In support of this FOIA request, I refer to the following court cases:
United States v. Jones, 565 U.S. 400 (2012): This landmark Supreme Court case addressed the Fourth Amendment implications of prolonged GPS tracking and emphasized the need for warrants and limitations on government surveillance activities.
ACLU v. NYPD, 959 F.3d 546 (2d Cir. 2020): In this federal appellate court case, the court recognized the public's right to access information concerning government surveillance programs and found that vague claims of interference with government operations were insufficient to withhold requested documents.
Carpenter v. United States, 138 S. Ct. 2206 (2018): The Supreme Court held that obtaining historical cell phone location records without a warrant violates the Fourth Amendment's protection against unreasonable searches, highlighting the need for safeguards and accountability in government surveillance practices.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, 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 5 business days, as the statute requires.
Sincerely,
Jordan Lassiter
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Requester's Contact Information
Name:
Jordan Lassiter
Title:
Not provided
Organization:
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Email:
requests@muckrock.com (mailto:requests@muckrock.com)
Phone Number:
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Fax Number:
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Street Address (line 1):
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Street Address (line 2):
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City:
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State:
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Zip Code:
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You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-11528. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-11528)
From: New York City Police Department
The New York City Police Department (NYPD) has acknowledged your FOIL request FOIL-2023-056-11528. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-11528) You can expect a response on or about Tuesday, October 3, 2023.
Additional Information: Your request has been assigned to Police Officer Lao (646-610-6430).
Please visit FOIL-2023-056-11528 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-11528)
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 17, 2023. You previously indicated that it would be completed on Oct. 3, 2023. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #FOIL-2023-056-11528.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 17, 2023. You had previously indicated that it would be completed on Oct. 3, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FOIL-2023-056-11528.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Police Department
The New York City Police Department (NYPD) has extended the time to respond to your FOIL request FOIL-2023-056-11528 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-11528) You can expect a response on or about Friday, December 29, 2023.
Additional Information:
Due to this request is voluminous and complex, additional time is required for this office to process.
Please visit FOIL-2023-056-11528 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-11528)
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 17, 2023. You previously indicated that it would be completed on Dec. 29, 2023. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #FOIL-2023-056-11528.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Police Department
The New York City Police Department (NYPD) has extended the time to respond to your FOIL request FOIL-2023-056-11528 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-11528) You can expect a response on or about Wednesday, January 31, 2024.
Additional Information:
This Foil request is being processed and currently waiting for responses from custodian of records Due to this request is voluminous and complex, additional time is required for this office to process.
Please visit FOIL-2023-056-11528 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-11528)
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 17, 2023. You had previously indicated that it would be completed on Jan. 31, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FOIL-2023-056-11528.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 17, 2023. You had previously indicated that it would be completed on Jan. 31, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FOIL-2023-056-11528.
Thanks for your help, and let me know if further clarification is needed.
From: Jordan Lassiter
To Whom It May Concern,
I am writing to formally appeal the constructive denial of my New York Freedom of Information Law (FOIL) request submitted to the New York City Police Department (NYPD) on May 17, 2023. The persistent delays in processing my request for government surveillance documentation have not only exceeded reasonable time frames but have also impeded the public’s right to access critical information. This appeal outlines specific issues encountered, supported by relevant case law, and cites both federal and state laws to substantiate my request for immediate and complete disclosure of the requested records.
### 1. **Excessive Delays in Response**
Under the New York Freedom of Information Law, agencies are required to respond to requests promptly and within specific time frames. The repeated extensions provided by the NYPD, with new estimated completion dates that extend months beyond the statutory limits, are unjustified and violate the principles of timely access to public records.
#### State Law:
- **New York Public Officers Law (POL) § 89(3)(a)** mandates that an agency must respond to a FOIL request within five business days of receipt by either making the records available, denying the request in writing, or providing a written acknowledgment and an approximate date for a decision.
#### Case Law:
- **Gould v. New York City Police Department**, 89 N.Y.2d 267 (1996): The Court of Appeals emphasized that access to public records should be "unfettered" and "prompt," reinforcing the necessity of timely responses to FOIL requests.
### 2. **Constructive Denial through Indefinite Extensions**
The NYPD’s continual extension of deadlines, citing the complexity and volume of the request without providing a specific timeline or substantial progress updates, constitutes a constructive denial of my FOIL request.
#### Federal Law:
- **5 U.S.C. § 552(a)(6)(A)** (FOIA): Similar to New York’s FOIL, the federal FOIA requires agencies to determine within 20 business days whether to comply with a request and immediately notify the requester of the determination. Extensions must be justified and reasonably limited in time.
#### Case Law:
- **Rubman v. U.S. Citizenship and Immigration Services**, 800 F.3d 381 (7th Cir. 2015): This case highlights that repeated extensions and failure to respond within a reasonable time frame effectively constitute a denial of the request, violating the requester’s right to timely access.
### 3. **Right to Information on Government Surveillance**
The requested documents pertain to government surveillance programs, which are of significant public interest. Access to such information is critical for ensuring transparency and accountability in law enforcement practices.
#### Case Law:
- **ACLU v. NYPD**, 959 F.3d 546 (2d Cir. 2020): The court recognized the public's right to access information concerning government surveillance programs and held that vague claims of interference with government operations were insufficient to withhold requested documents.
- **United States v. Jones**, 565 U.S. 400 (2012): This Supreme Court case addressed the Fourth Amendment implications of prolonged GPS tracking and emphasized the need for warrants and limitations on government surveillance activities.
- **Carpenter v. United States**, 138 S. Ct. 2206 (2018): The Supreme Court ruled that obtaining historical cell phone location records without a warrant violates the Fourth Amendment’s protection against unreasonable searches, underscoring the necessity for safeguards and accountability in government surveillance practices.
### 4. **Need for Specific and Demonstrable Evidence to Withhold Information**
Any claim by the NYPD that disclosing the requested information would interfere with government operations must be supported by specific and demonstrable evidence, rather than broad or vague assertions.
#### Case Law:
- **National Archives and Records Administration v. Favish**, 541 U.S. 157 (2004): The Supreme Court held that the government must provide specific and detailed explanations for withholding information, demonstrating a real risk of harm that would result from disclosure.
### Conclusion
In light of the above points and the supporting case law, I respectfully request the immediate release of the requested records related to government surveillance programs operated by the NYPD from 2020 to 2022. The extensive delays and lack of substantive responses I have faced are inconsistent with the principles of transparency and prompt access as required by the New York Freedom of Information Law and reinforced by both state and federal courts.
I look forward to a prompt resolution of this matter. Please provide the requested records within 10 business days of this appeal. Thank you for your attention to this important issue.
Sincerely,
Jordan Lassiter
From: New York City Police Department
Please find attached your appeal determination.
Katherine T. Obanhein, Esq.
Alternate Records Access Appeals Officer
New York City Police Department, Legal Bureau
One Police Plaza,
New York, New York 10038
CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication.
Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.
-
~WRD000
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 17, 2023. You had previously indicated that it would be completed on Jan. 31, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FOIL-2023-056-11528.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Police Department
Good afternoon,
I apologize in my delayed response. I will follow up with the investigator assigned to your request.
Katherine T. Obanhein, Esq.
Alternate Records Access Appeals Officer
New York City Police Department, Legal Bureau
One Police Plaza,
New York, New York 10038
CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication.
Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.
-
~WRD000
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 17, 2023. You had previously indicated that it would be completed on Jan. 31, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FOIL-2023-056-11528.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 17, 2023. You had previously indicated that it would be completed on Jan. 31, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FOIL-2023-056-11528.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Police Department
Good afternoon,
The search and review of your requested records remains ongoing. It is estimated that the RAO will provide a determination on or about October 25, 2024.
Katherine T. Obanhein, Esq.
Records Access Appeals Officer
New York City Police Department, Legal Bureau
One Police Plaza,
New York, New York 10038
CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication.
Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 17, 2023. You had previously indicated that it would be completed on Oct. 25, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FOIL-2023-056-11528.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Police Department
Good morning,
Thank you for your email. I apologize for my delayed response. There should be a production made by the RAO within the next 2-3 weeks. Thank you for your patience.
Katherine T. Obanhein, Esq.
Records Access Appeals Officer
New York City Police Department, Legal Bureau
One Police Plaza,
New York, New York 10038
FOILAppeals@NYPD.org<mailto:FOILAppeals@NYPD.org>
CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication.
Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.
-
~WRD000