Use of IMSI catcher devices
Dear Australian Federal Police,
I am writing under the provisions of the Freedom of Information Act to request the documents relating directly to the use of IMSI catchers owned and operated by the AFP as of August 2018.
An “International Mobile Subscriber Identity” catcher (IMSI Catcher) may go by the following brand names including Stingray, SimSucker, Kingfish, Harpoon, Amberjack, or Hailstorm.
In particular I request the following information:
- Current number of IMSI catchers owned and/or operated by the AFP;
- Purchase orders, invoices, contracts, loan agreements, solicitation letters, correspondence with companies and other similar records regarding the acquisition of IMSI catchers;
- Marketing or promotional materials received by the AFP relating to IMSI catchers;
- All requests made by to the AFP by companies or government agencies to keep confidential any aspect of the possession and use of IMSI catchers, including any non-disclosure agreements;
- Legislation, codes of practice, policy statements, guides, manuals, memoranda, presentations, training materials or other records governing the use of IMSI catchers, including restrictions on when, where, how and against whom they may be used; limitations on retention and use of collected data; guidance on when a warrant or other legal process must be obtained; and rules governing when the existence and use of IMSI catchers may be revealed to the public, criminal defendants, or judges.
Yours faithfully,
Tim Singleton Norton
Thank you for your email.
Please note that this is an automated response to confirm that your email was sent to the Australian Federal Police Freedom of Information (FOI) inbox.
This FOI inbox is monitored between 8am and 4pm Monday to Friday, excluding public holidays and the period from 27-31 December.
If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.
If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.
Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...
The Australian Federal Police will acknowledge your request in accordance with the legislative requirements of the Act.
The FOI Team can be contacted on 02 6131 6131
UNOFFICIAL
Dear Mr Norton,
YOUR FREEDOM OF INFORMATION REQUEST
I refer to your application dated 7 August 2018 in which you seek access to documents under the Freedom of Information Act 1982 (the Act) as follows:
"I am writing under the provisions of the Freedom of Information Act to request the documents relating directly to the use of IMSI catchers owned and operated by the AFP as of August 2018.
An “International Mobile Subscriber Identity” catcher (IMSI Catcher) may go by the following brand names including Stingray, SimSucker, Kingfish, Harpoon, Amberjack, or Hailstorm.
In particular I request the following information:
- Current number of IMSI catchers owned and/or operated by the AFP;
- Purchase orders, invoices, contracts, loan agreements, solicitation letters, correspondence with companies and other similar records regarding the acquisition of IMSI catchers;
- Marketing or promotional materials received by the AFP relating to IMSI catchers;
- All requests made by to the AFP by companies or government agencies to keep confidential any aspect of the possession and use of IMSI catchers, including any non-disclosure agreements;
- Legislation, codes of practice, policy statements, guides, manuals, memoranda, presentations, training materials or other records governing the use of IMSI catchers, including restrictions on when, where, how and against whom they may be used; limitations on retention and use of collected data; guidance on when a warrant or other legal process must be obtained; and rules governing when the existence and use of IMSI catchers may be revealed to the public, criminal defendants, or judges."
Information considered irrelevant to the scope of your request
The AFP, in its management of FOI requests, excludes the following information on the basis that is irrelevant to the scope of a request:
- Names of AFP members, other than the Senior Executive.
- Direct telephone numbers, signatures and mobile telephone numbers of AFP members.
- Duplicate documents, including duplicate emails. The AFP will only provide emails where they form a final email chain and the authors/recipients are contained within the final email.
- Information that is publicly available, for example, newspaper articles, online publications including information available on the AFP Information Publication Scheme and the AFP disclosure log.
If you object to the AFP excluding any of the above information, please advise this office within seven days of receipt of this letter.
Disclosure of your Identity
In addition, should the AFP be required to consult with third parties in accordance with the sections 26A (Commonwealth/State information), 27 (business affairs) and 27A (personal information) of the Act, do you have any objections to those parties/organisations knowing your identity for the purposes of the consultation? If we do not receive your consent or do not receive a response, we will not disclosure your identity to third parties.
Timeframe
Your request was received by this agency on 7 August 2018, and the 30 day statutory period for processing your request commenced from that date.
Charges
You will be notified of any charges in accordance with the Freedom of Information (Fees and Charges) Regulations, should they apply, in relation to your request as soon as practicable.
Yours sincerely
Jane (AFP18764)
FOI OFFICER
CHIEF COUNSEL PORTFOLIO
Tel +61(0) 2 61316131
www.afp.gov.au
Dear Jane,
Thank you. I acknowledge and understand the exclusions that you've outlined.
I am also fine with my identity being revealed to third parties for the purposes of this FOI consultation.
Thank you.
Tim Singleton Norton
Thank you for your email.
Please note that this is an automated response to confirm that your email was sent to the Australian Federal Police Freedom of Information (FOI) inbox.
This FOI inbox is monitored between 8am and 4pm Monday to Friday, excluding public holidays and the period from 27-31 December.
If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.
If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.
Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...
The Australian Federal Police will acknowledge your request in accordance with the legislative requirements of the Act.
The FOI Team can be contacted on 02 6131 6131
UNCLASSIFIED
Dear Mr Norton
Please find attached a decision in relation to your FOI request concerning
IMSI catchers.
Regards,
JACQUELINE (AFP12306)
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL
Tel +61(0) 2 6131 6131
[1]www.afp.gov.au
[2]Australian Federal Police
UNCLASSIFIED
References
Visible links
1. http://www.afp.gov.au/
2. http://www.afp.gov.au/
Dear Australian Federal Police,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian Federal Police's handling of my FOI request 'Use of IMSI catcher devices'.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/u...
Yours faithfully,
Tim Singleton Norton
Thank you for your email.
Please note that this is an automated response to confirm that your email was sent to the Australian Federal Police Freedom of Information (FOI) inbox.
This FOI inbox is monitored between 8am and 4pm Monday to Friday, excluding public holidays and the period from 27-31 December.
If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.
If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.
Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...
The Australian Federal Police will acknowledge your request in accordance with the legislative requirements of the Act.
The FOI Team can be contacted on 02 6131 6131
UNCLASSIFIED
Dear Mr Singleton Norton
Your request for an Internal review has been received. An internal review officer will be appointed and you will be notified of a decision within 30 days of receipt of your request.
Regards,
JACQUELINE (AFP12306)
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION CHIEF COUNSEL AUSTRALIAN FEDERAL POLICE
Tel +61(0) 2 6131 6131
www.afp.gov.au
UNCLASSIFIED
Dear Mr Norton
Please find attached the decision in relation to your request for internal review.
Kind regards
SHELLEY MILLER
PRINCIPAL LAWYER
FOI AND INFORMATION LAW
CHIEF COUNSEL PORTFOLIO
Tel +61(0) 2 6131 6131
www.afp.gov.au