is a cofounder of Flynn and an architect of the Tent Protocol.

Delaware State Police Stingrays

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.

Documents

To date, an NDA executed with the FBI and some redacted purchasing documents have been released.

Press

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.

Timeline

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.

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