Paragon/Graphite request DEA

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

I request the following records related to the DEA’s use of surveillance software provided by Paragon, an Israeli company and PARAGON SOLUTIONS (US) INC a United States company, hereafter, Paragon companies:

- Contracts, brochures, purchase orders, or agreements between the DEA and Paragon companies from January 1, 2019, to the present.
- Communications (emails, memos, reports, or other records) between DEA officials and representatives of Paragon companies discussing the purchase, deployment, or use of its software.
- Final reports or assessments produced by the DEA or Paragon Solutions regarding the performance or effectiveness of the spyware.
- Communication between Red Lattice, who bought Paragon and provides services as PARAGON SOLUTIONS (US) INC and the DEA on Paragon products. See: https://www.ynetnews.com/business/article/ry4ridpvyg

This request is necessary because the DEA has already publicly acknowledged the use of Paragon's spyware. In The New York Times article, "How the Global Spyware Industry Spiraled Out of Control" (Dec. 8, 2022), the DEA confirmed that it has used Paragon spyware, but only outside the United States (available at: https://www.nytimes.com/2022/12/08/us/politics/spyware-nso-pegasus-paragon.html). Because the DEA has officially acknowledged its use of this technology, the agency may not issue a Glomar response under FOIA, per ACLU v. CIA, 710 F.3d 422 (D.C. Cir. 2013).

Additionally, courts have ruled that government contracts, vendor communications, and procurement records are not inherently law enforcement techniques under Exemption 7(E). In CREW v. DHS, 387 F. Supp. 3d 33 (D.D.C. 2019), the court held that agencies must specifically demonstrate how disclosure would reveal a law enforcement technique, and in EPIC v. DHS, 777 F.3d 518 (D.C. Cir. 2015), the court ruled that procurement records do not automatically qualify for 7(E) withholding.

Because the DEA itself has publicly confirmed the use of this technology, and because disclosure of procurement-related records does not reveal a law enforcement technique, this request must be processed and any non-exempt portions released.

If any portion of this request is denied, please provide a Vaughn Index specifying which exemptions are being applied and explaining why. I also request a fee waiver as this request is in the public interest and concerns the use of surveillance tools by a U.S. law enforcement agency.

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 20 business days, as the statute requires.

Sincerely,

Jurre van Bergen

Hi,

Was this FOIA received and if so, can you acknowledge?