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

Author Name, ProPublica

2021-12

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
[END]

[1] URL: https://www.muckrock.com/foi/boston-3/policies-procedures-figures-and-contracts-concerning-imsi-catchers-boston-police-department-29277/#file-107836
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