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1 U.S. Department of Jnstice Drug Enforcement Administration FO/Records Management Section 8701 Morrissette Drive Springfield, Virginia Case Number: F L feb 2 8!014 Ca1herine Crump American Civil Liberties Union Foundation 125 Broad Street, 181h Floor New York, NY Re: American Civil Liberties Union and ACLU of Massachusetts v. United States Department of Justice, et. al., CANo. 1:12-cv Dear Ms. Crump: Pursuant to 1he above-captioned civil action, 1he Drug Enforcement Administration (DEA), conducted a litigation review of potentially responsive records in compliance with the Joint Status Report dated April 23, As a result of that review, enclosed please find ten pages. Please be advised that 1he sentence on page 3, "The National LPR nitiative Database... will maintain all data collected for two years," is not an accurate reflection of current practice. Portions not released are being withheld pursuant to 1he Freedom of nformation Act, 5 U.S.C. 552, and/or the Privacy Act, 5 U.S.C. 552a. Please refer to the list enclosed wi1h 1his letter 1hat identifies 1he au1hority for withholding the deleted material, which is indicated by a mark appearing in the block next to the exemption. An additional enclosure with this letter explains 1hese exemptions in more detail. The documents are being forwarded to you with this letter. DEA' s FOA regulations are contained in 1he Code off ederal Regulations, Title 28, Part 16, as amended. They are published in the Federal Register and are available for inspection by members of the public. For your information, Congress excluded three discrete categories oflaw enforcement and national security records from 1he requirements of1he FOA. See 5 U.S.C. 552(c) (2006 & Supp. V 201 0). This response is limited to those records that are subject to 1he requirements of 1he FOA. This is a standard notification that is given to all our requesters and should not be taken as an indication 1hat excluded records do, or do not, exist
2 Case Number: F L Page2 f you have any questions regarding your request, you may contact Assistant United States Attorney Jennifer A. Serafyn at or Jennifer.Serafyn@usdoj.gov. Enclosures Number of pages withheld: 0 Number of pages released: 0 APPLCABLE SECTONS OF THE FREEDOM OF NFORMATON AND/OR PRVACY ACT: Freedom of nformation Act 5U.S.C. 552 Privacy Act 5 U.S.C. 552a [ l (b)(!) [ l (b)(5) [X] (b )(7)(C) [ l (d)(5) [ l (k)(2) [ l (b)(2) [X] (b)(6) [ ] (b )(7)(D) [ l U)(2) [ ] (k)(s) [ l (b)(3) [X] (b )(7)(A) [X] (b )(7)(E) [ ](k)(l) [ l (k)(6) [ l (b)(4) [ ] (b )(7)(B) [X] (b )(7)(F)
3 FREEDOM OF NFORMATON ACT SUBSECTONS OF TTLE 5, UNTED STATES CODE, SECTON 552 (b )(1) nformation which is currently and properly classified pursuant to Executive Order in the interest of the national defense or foreign policy. (b )(2) Materials related solely to the internal rules and practices of DEA. (b )(3) nformation specifically exempted from disclosure by another federal statute. (b)(4) Privilege~ or confidential information obtained from a person, usually involving commercial or financial matters. (b)(5) nter-agency or intra-agency documents which are subject to a privilege, such as documents the disclosure of whicn would have an inhibitive effect upon tile development of policy and administrative direction, or which represent the work product of an attorney, or which reflect confidential communications between a client and an attorney. (b)( 6) Materials contained in sensitive records such as personnel or medical files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (b)(7) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings; (B) would deprive a P.erson or a right to a fair trial or an impartial adjudication; (C) coula reasonably be expected to constitute an unwarranted invasion of personal privacy; (D) could reasonably. be expected to disclose the identity of a confidential source, including a State, local or foreign azency or authority or any pnvate institution which furnished information on a confidential basis; and, in the case of a record or information compiled by a criminal law enforcement authonty in the course of a criminal investigation, or by an agency conducting a lawful national secunty intelligence investigation, information furnished by a confidential source; (E) would disclose tecliniques and procedures for law enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual. PRVACY ACT SUBSECTONS OF TTLE 5, UNTED STATES CODE, SECTON 552a (d)(5) G)(2) Materials compiled in reasonable anticipation of a civil action or proceeding. Material rep.orting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce cnme or apprehend criminals. (k)(l) nformation which is currently and_properly classified pursuant to Executive Order in the interest of the national defense or foreign policy. (k)(2) Material compiled during civil investigations for law enforcement purposes. (k)(5) nvestigatory material compiled solely for the purpose of determining suitability, eligibility, or qual!l1catwns for Federal civilian employment or for access to classified information, tlie disclosure of which would reveal the identity. ofthe person who furnished information pursuant to an express promise that his identity would be held in confidence, or pursuant to an implied promise of confidentiality if such iilformation was furnished prior to September 27, (k)(6) The sub.sta11ce oftests used to determint: individual qualifications for appointment or promotwnm Federal Government Service
4 existtnl! LPR svstem locatedi lnil'b)(7)(e) rrexas,1 fone r Page
5 (b )(6) From: j(b)(6),(b)(7)(c),(b)(7)(f) Sent: Wednesdav, September 16, :04 AM To: (b)(6),(b)(7)(c), (b )(7)(F) Cc: Subject: RE: T THE NATONAL '-:L-::P=R-::N:-::=T::-A:-:T=V:-::E=-:::S:-A:-P::::R::-:0::-:G::::RAM:-:-:--:-=-D=Es:::::::GNE:-=D:::-=TO::::-::C:::O::-M:::::B:::NE=-:E=:X:-::=sT=N=G:-::D:-::E:-::A-A:-:ND=-::!OTHER LAW ENFORCEMENT DATABASE CAP ABLTES WTH NEW TECHNOLOGY TO DENTFY AND NTERDCT CONVEYANCES BENG UTLZED TO TRANSPORT BULK CASH, DRUGS, WEAPONS, AS WELL AS OTHER LLEGAL CONTRABAND. THE SYSTEM S DESGNED TO DE-CONFLCT AS WELL AS PROVDE MMEDATE TACTCAL CUENG AND STRATEGC CAP ABLTES. THE NATONAL LPR NTATVE ALLOWS DBA AND TASK FORCE OFFCERS TO QUERY AND NPUT ALERTS ON SUSPECT LCENSE PLATES VA DEA'S - -jo.atabase. JillRTHE~~rk OTHER FEDERAL, STATE AND LOCAL LAW ENFORCEMENT AGENCES CAN DO THE SAME _,ve THE NATONAL LPR NTATVE S FOCUSED ON PLACNG LPR DEVCES j! ll(b )(7)(E) jwith A PRMARY GOAL OF TARGETNG MONEY AND WEAPONS BENG TRANSPORTED FROM THE NTEROR OF THE UNTED STATES o'l(f~a) (b)~~h AN EVENTUAL DESTNATON OF VAROUS DRUG TRAFFCKNG ORGANZAT - ' THE LPR S A CAMERA-BASED DESGN WHCH PROVDES THE REQUESTER WTH MAGES THAT MAY NCLUDE VEHCLE LCENSE PLATE NUMBERS (FRONT AND/OR REAR), PHOTOS OF VSBLE VEHCLE OCCUPANTS j(b)(7)(e) land A FRONT AND REAR OVERALL VEW OF THE VEHCLE. l THE LPR SYSTEM i::w:::l::-:l:-s::::up==p::::o:::r::::t:::t::::h:::-e-::nv-::-::e::::s=t::-:g::-a:-:t:::-o::::n:-:-:-and:-:::::-::p::::r-::o::::se:::-:c::::u-:::t::::o:::-:n:-:-:::o::::f::::d-::r:-:u::::g-::t=raf-:-::::f:::-:::::'c.kng ORGANZATONS BY FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT ELEMENTS OPERATNG THROUGHOUT THE UNTED STATES. ALLLPRDEVCE~S~No=n=Re=s=po=ns=ive==============~~A~RE~C~O~N~N~E~C~T~ED~T~O~T~H~E~D~E~A~N~A~T~O~N~A~L~ E. (b)( _:;,.lt..shoold-benol'ed-th~ - SOLE REPOSTORY FOR THE LPR (b)(?~ta. Page
6 PRESENTLy THER ARE DEVCE LOCATED N(b)(?)(EJ NENon MULT-CAMERA l TEXAS CONNECTED TO THE DEANA T!ONAL LPR SYSTEM. NOn Responsive THE PRORTY OF THE PROGRAM BENG GEARED TOWARD THE TARGETTNn llll rnn\ EYENCES TRANSPORTNG MONEY, GUNS, AND OTHER LLCT CONTRABAND (b)(?j(a),(bj(?)(ej FROM THE UNTED STATES. THE NATONAL LPR NTATVE OAT ABAS le~on Resoonsive FOR TWO YEARS. WLL MANTAN ALL DATA COLLECTED (b )(6),(b )(7)(C),(b )(7)(F) Page
7 Office:l)g((6).(b)(7)(~).(5)(7) 1 Cell:!<b)(6),(b)(7)(C),(b)(7)(F) 1 ~(b)(6),(b)(7)\C),(b)(7)(F) l Page
8 l(b)(6) From: Sent: To: Cc: Subject: l(b)(6),(b)(7)(c),(b)(7) (F).."' ')( (b)(6),(b)(7)(c),(b)(7)(f) 10 6:23PM TX: 3 1! Page
9 (b)(6) From: Sent: To: Cc: Subject: b)(6),(b)(7)(c),(b)(7)(f) Thursday, Novemoer 04, :05 PM (b)(6),(b)(7)(c),(b)(7) (F) l (b)(6),(b)(7)(c), (b)(7)(f) Non Kesponslve \ lo)lf JlCJ TX ~~on ] r 4 Page
10 Non Res pons lve [(5)( 6 ), (b )(7)( C), (15)(7)( F).. Page
11 Non Respon~ '' (b)(?)(e) ' \ \ 1-'a g e t
12 1 -- i(b)(6),(b)(7)(c) [' From! 1 To rm( b~) (6iiT),T.;(b':i')(7ffi)(?"c)Fii, (b;f,)('i'<7)7e(ff") =d.,l Page
13 sent: Tue Jan 25 08:37: Subject: thmm!h th" A FF DfOQfaffi f the LPR orogram has been in existence for two years and Page
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