Use of IMSI catcher devices

Tim Singleton Norton made this Freedom of Information request to Australian Federal Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Australian Federal Police.

Tim Singleton Norton

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

FOI, Australian Federal Police

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

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AFP Web site: http://www.afp.gov.au
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FOI, Australian Federal Police

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

-----Original Message-----
From: Tim Singleton Norton [mailto:[FOI #4729 email]]
Sent: Tuesday, 7 August 2018 10:12 PM
To: FOI
Subject: Freedom of Information request - 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

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UNOFFICIAL
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WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.

AFP Web site: http://www.afp.gov.au
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Tim Singleton Norton

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

FOI, Australian Federal Police

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

**********************************************************************
WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.

AFP Web site: http://www.afp.gov.au
**********************************************************************

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Ellery, Jacqueline, Australian Federal Police

2 Attachments

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

**********************************************************************
WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.

AFP Web site: http://www.afp.gov.au
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References

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2. http://www.afp.gov.au/

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Tim Singleton Norton

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

FOI, Australian Federal Police

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

**********************************************************************
WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.

AFP Web site: http://www.afp.gov.au
**********************************************************************

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FOI, Australian Federal Police

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
-----Original Message-----
From: Tim Singleton Norton [mailto:[FOI #4729 email]]
Sent: Monday, 10 September 2018 2:53 PM
To: FOI
Subject: Internal review of Freedom of Information request - Use of IMSI catcher devices

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

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4729 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

UNCLASSIFIED
**********************************************************************
WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.

AFP Web site: http://www.afp.gov.au
**********************************************************************

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FOI, Australian Federal Police

1 Attachment

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

-----Original Message-----
From: Tim Singleton Norton [mailto:[FOI #4729 email]]
Sent: Monday, 10 September 2018 2:53 PM
To: FOI
Subject: Internal review of Freedom of Information request - Use of IMSI catcher devices

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

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4729 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

UNCLASSIFIED
**********************************************************************
WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.

AFP Web site: http://www.afp.gov.au
**********************************************************************

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