U.S. Department of Jnstice Drug Enforcement Administration FOI/Records Management Section 8701 Morrissette Drive Springfield, Virginia 22152 fEB 2 8!014 Case Number: 12-00477-F 13-00007-L Ca1herine Crump American Civil Liberties Union Foundation 125 Broad Street, 181h Floor New York, NY 10004 Re: American Civil Liberties Union and ACLU ofMassachusetts v. United States Department of Justice, et. al., CANo. 1:12-cv-11776 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, 2013. As a result of that review, enclosed please find ten pages. Please be advised that 1he sentence on page 3, "The National LPR Initiative 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 Information 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 FOIA 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 FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV 201 0). This response is limited to those records that are subject to 1he requirements of 1he FOIA. 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. - 33766 - Page2 Case Number: 12-00477-F 13-00007-L If you have any questions regarding your request, you may contact Assistant United States Attorney Jennifer A. Serafyn at 617-748-3188 or Jennifer.Serafyn@usdoj.gov. Enclosures Number of pages withheld: 0 Number of pages released: I 0 APPLICABLE SECTIONS OF THE FREEDOM OF INFORMATION AND/OR PRIVACY ACT: Freedom of Information 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) - 33767 - FREEDOM OF INFORMATION ACT SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552 (b)(1) Information 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) Information 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) Inter-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. PRIVACY ACT SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a (d)(5) Materials compiled in reasonable anticipation of a civil action or proceeding. G)(2) 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) Information 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) Investigatory 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, 1975. (k)(6) The sub.sta11ce oftests used to determint: individual qualifications for appointment or promotwnm Federal Government Service. - 33768 - Non Responsive Non Responsive existtnl! LPR svstem locatediNon Responsive lnil'b)(7)(E) Non Responsive r Non Responsive Page 1 - 33769 - fone rrexas,1 (b )(6) I From: Sent: To: Cc: j(b)(6),(b)(7)(C),(b)(7)(F) Subject: RE:INon Responsive Wednesdav, September 16,2009 11:04 AM (b )(6),(b )(7)(C), (b )(7)(F) T INon Responsive Non Responsive I THE NATIONAL '-:L-::P=R-::IN:-::I=T::-IA:-:T=IV:-::E=-:::IS:-A:-P::::R::-:0::-:G::::RAM:-:-:--:-=-D=Es::::I:::GNE:-=D:::-=TO::::-::C:::O::-M:::::B:::INE=-:E=:X:-::I=sT=IN=G:-::D:-::E:-::A-A:-:ND=-::!OTHER LAW ENFORCEMENT DATABASE CAPABILITIES WITH NEW TECHNOLOGY TO IDENTIFY AND INTERDICT CONVEYANCES BEING UTILIZED TO TRANSPORT BULK CASH, DRUGS, WEAPONS, AS WELL AS OTHER ILLEGAL CONTRABAND. THE SYSTEM IS DESIGNED TO DE-CONFLICT AS WELL AS PROVIDE IMMEDIATE TACTICAL CUEING AND STRATEGIC CAP ABILITIES. THE NATIONAL LPR INITIATIVE ALLOWS DBA AND TASK FORCE OFFICERS TO QUERY AND INPUT ALERTS ON SUSPECT LICENSE PLATES VIA DEA'SI - -jo.ATABASE•. JillRTHE~~rk OTHER FEDERAL, STATE AND LOCAL LAW ENFORCEMENT AGENCIES CAN DO THE SAME _,ve Non Responsive I I THE NATIONAL LPR INITIATIVE IS FOCUSED ON PLACING LPR DEVICES jNon Responsive !Non Responsive ll(b )(7)(E) jwiTH A PRIMARY GOAL OF TARGETING MONEY AND WEAPONS BEING TRANSPORTED FROM THE INTERIOR OF THE UNITED STATES I o'l(f~A) (b)~~H AN EVENTUAL DESTINATION OF VARIOUS DRUG TRAFFICKING ORGANIZATI - ' I THE LPR IS A CAMERA-BASED DESIGN WHICH PROVIDES THE REQUESTER WITH IMAGES THAT MAY INCLUDE VEHICLE LICENSE PLATE NUMBERS (FRONT AND/OR REAR), PHOTOS OF VISIBLE VEHICLE OCCUPANTS j(b)(7)(E) lAND A FRONT AND REAR OVERALL VIEW OF THE VEHICLE. l Non Responsive I THE LPR SYSTEM i::W:::IL::-:L:-S::::UP==P::::O:::R::::T:::T::::H:::-E-::INV-::-::E::::S=T::-:IG::-A:-:T:::-IO::::N:-:-:-AND:-:::::-::P::::R-::O::::SE:::-:C::::U-:::T::::IO:::-:N:-:-:::O::::F::::D-::R:-:U::::G-::T=RAF-:-::::F:::-:I::::'C.KING ORGANIZATIONS BY FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT ELEMENTS OPERATING THROUGHOUT THE UNITED STATES. ALLLPRDEVICE~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~TI~O~N~A~L~ E. (b)( _I:; , ___ _ (b)(?~TA. .lT..SHOOLD-BENOl'ED-TH~ SOLE REPOSITORY FOR THE LPR - Non Responsive 1 Page 2- 33770 - Non Responsive PRESENTLy THEIR AREINon Responsive IDEVICE LOCATED INI(b)(?)(EJ Non Responsive Non Responsive I I NENon MULTI-CAMERA l TEXAS CONNECTED TO THE DEANAT!ONAL LPR SYSTEM. INOn Responsive ITHE PRIORITY OF THE PROGRAM BEING GEARED TOWARD THE TARGETTNn llll rnN\ EYENCES TRANSPORTING MONEY, GUNS, AND OTHER ILLICIT CONTRABAND (b)(?J(A),(bJ(?)(EJ FROM THE UNITED STATES. THE NATIONAL LPR INITIATIVE OATABASlE~on Resoonsive FOR TWO YEARS.INon Responsive Non Responsive (b )(6),(b )(7)(C),(b )(7)(F) 2 Page 3 - 33771 - WILL MAINTAIN ALL DATA COLLECTED I Office:l)g((6).(b)(7)(~).(5)(7) Cell: !