The Delaware State Police (DSP) possess cell site simulator technology (colloquially referred to as Stingrays) purchased from Harris Corporation. I filed a FOIA request in May 2015 to get details about their purchase and use of the technology, but they refused to provide information citing a non-disclosure agreement the FBI. Over the past year, with the help of Ryan Tack-Hooper and others at the ACLU of Delaware, two petitions have been considered by the Chief Deputy Attorney General (CDAG) and an appeal is ongoing in Delaware Superior Court.
Karl Baker of The News Journal wrote a comprehensive front-page story and secondary article covering just about everything known about Stingrays in Delaware as of February 2016. In the same issue, The News Journal editorial board questioned the secrecy around and use of Stingrays. DSP released a statement a few days later which was covered by The News Journal.
The table below provides links to all of the documents relevant to my request, petitions, and the ongoing appeal to have the requested records found and released without redaction.
|May 15, 2015||Initial FOIA request sent to DSP.|
|June 5, 2015||DSP replies, denying the request.|
|June 17, 2015||I send the first FOIA petition to the CDAG.|
|June 23, 2015||The CDAG acknowledges the FOIA petition.|
|July 16, 2015||The CDAG’s office provides an update but fails to attach DSP’s response.|
|October 12, 2015||The CDAG’s office confirms by phone that their opinion is still pending with no ETA, though it was due in July.|
|December 11, 2015||ACLU-DE starts representing me and we send a letter to the CDAG’s office requesting that they release their opinion.|
|December 29, 2015||The CDAG releases their opinion on my first petition, and requests that DSP release the FBI NDA.|
|January 15, 2016||DSP releases the FBI NDA and some redacted purchasing documents.|
|January 19, 2016||DSP sends a copy of their July 6 response to my petition that was not attached to the July 16 letter from the CDAG.|
|February 17, 2016||We send a second petition to the CDAG.|
|February 26, 2016||We file a notice of appeal, starting Rudenberg v. DOJ in Delaware Superior Court.|
|March 4, 2016||The CDAG releases their opinion on our second petition.|
|March 29, 2016||The DOJ files the certified record of the FOIA petitions.|
|April 22, 2016||DSP provides a supplemental response to the FOIA request.|
|May 9, 2016||We file our opening brief (exhibits, compendium).|
|May 26, 2016||The CDAG files a letter about their intention not to participate in the case.|
|May 31, 2016||DSP files their answering brief.|
|June 14, 2016||We file our reply brief.|