LegalDirector
JohnReinstein,
(617)482-3170exr.324
reinstein(Aaclu-mass'orq
A
June9,2008
Kevin M. Burke, Secretaryof Public Safety
Juliette N. Kayyem, Undersecretaryof Homeland Security
Executive Office of Public Safety and Security
One AshburtonPlace,Suite 2J.33
Boston,MA 02108
Re: Commonwealth Fusion Center
Dear SecretaryBurke and UndersecretaryKayyem:
Thank you for your cooperationwith our previously submitted public recordsrequests
and for the regulationsforwara-OUy UndersecretaryKayyem with her letter of March L0, 2008.
While we appieciatethe efforts that have been taken to protect individual privacy and civil
liberties in ihe operation of the commonwealthFusion Center, our review of the materials made
available to us has raiseda number of additional questionsand concernsas to the adequacyof
those efforts. We are requestingthe following recordsunder the MassachusettsPublic Records
I-aw (G.L. c. 66 $ 10) in order to addresstheseconcerns'
Formal Agreementswith Other Aeencies
StandardOperating ProcedureCFC-04 statesthat "[a]ll agencieswho contribute staff to
the CFC will be subject to a Memorandum of Understandingand will be required to adhereto all
CFC policies and security requirements." We anticipate that thesedocuments,along with any
Non-bisclosure Agreements,describethe mechanismsby which privacy will be maintained as
information is sharedbetweenagencies. Furthermore,CFC-04 establishesthat "[p]articipating
agenciesremain the owners of the data contributed and are, therefore, responsiblefor the quality
uid u""urucy of the data accessedby the CFC." We are concernedthat participating agencies
will not meet sufficiently high levels of accuracyand completenessin relaying information to the
CFC. As you recognizedin-CFC-04,"[i]naccurate personalinformation can have a damaging
impact on the person concernedand on the integrity and functional value of the CFC." We
thereforerequestaccessto the following public records:
211 CongressStreet,Boston,MA02110
ACLUof Massachusetts,
Phone:617-482-3170Fax:617-451-0009website:www.aclu-mass.org
Kevin BurkeandJulietteKavvem
June9,2008
Page2
1. The signedMemorandumof Understanding("MOU") betweenthe Joint
Terrorism Task Force ("JTTF'; of the FederalBureau of Investigations("FBI")
and the MassachusettsStatePolice ("MSP") or, if not yet signed, all
correspondence,@mmunications,recordsof meetings,and drafts relating to the
developmentof this MOU.
Z. The signed MOU betweenthe Departmentof Homeland Security ("DHS") and the
CFC or, if not yet signed,all correspondence,communications,recordsof
meetings,and drafts relating to the developmentof this MOU.
3. Any and all other signedMOUs betweenCFC and any and all other agencies,or,
if not yet signed, all correspondence,communications,recordsof meetings,and
drafts relating to the developmentof such MOUs.
4. Any and all other signed MOUs relating to the CFC betweenMSP and any and all
communications,records
other agencies,or, if not yet signed,all correspondence,
of meetings,and drafts relating to the developmentof such MOUs.
5. Any and all signedNon-DisclosureAgreements("NDAs") betweenthe CFC and
any and all other agencies,or, if not yet signed,all correspondence,
communications,recordsof meetings,and draftsrelating to the developmentof
such NDAs.
6. Any and all signed NDAs relating to the CFC between the MSP and any and all
communications,records
other agencies,or, if not yet signed,all correspondence,
of meetings,and draftsrelatingto the developmentof suchNDAs.
Oversight
In your letter to us datedMarch 10, 2008, you commentedthat the CFC is working "to
developand establishan advisorygroup,as suggestedby the U.S. Departmentof Justiceand
DHS in their 'Fusion Center Guidelines' publication." You further statedthat the "general
function of the CFC advisory $oup will be to provide oversight and regular review of the
policies,procedures,guidelines,organizationalstructure,and resourcesof the CFC.' We believe
that such an advisorygroup must operateindependently,transparently,andwith full security
authorizationand sufficient resourcesin order to effectively protectthe rights and libertiesof
citizens. We thereforerequestthe following documents:
1. Any and all documentsthat authorize the advisory committee to overseeprivacy
and First Amendment policy standards,and any and all correspondence,
communications,recordsof meetings,and other documentsrelatingto the
transparency,and powersof the
development,scope,function, independence,
advisorvcommittee.
211Congress
Street,Boston,MA02110
ACLUof Massachusetts,
Phone:617-482-3170Fax:617-451-0009Website:www.aclu-mass.org
{
)
Kevin BurkeandJulietteKayyem
June9, 2008
Page3
2. Any and all organizationalcharts and documentsoutlining all departments,
committees,task forces, individuals (hereinafter"CFC entities"), and lines of
authority within the CFC. Any and all organizationalcharts and documents
outlining and describingthe position and authority of the advisory committee in
relation to CFC entities. Any and all organizationalcharts and documents
outlining and describingthe rules, regulations,laws, and bylaws which govern all
CFC entities.
3. Any and all documentsrelating to oversight of the CFCs operations,including
those relating to privacy, First Amendment, and other constitutional standards.
StandardOoeratinsProcedures
We have received CFC StandardOperating ProceduresCFC-04, CFC-05, and CFC-07'
While thesedocumentsaddressthe CFC's policies relating to privacy, First Amendment activity,
civil rights,and civil liberties,they do not paint a completepicture of the rules governingthe
CFC's operations.Thus, we requestthe following documents:
1. CFC StandardOperatingProcedurescFC-01, cFC-02, CFC-03,CFC-06.
2. Any and all other StandardOperating Procedures,including thosepertaining to
information that may be sought and retained;classification of that information;
collation and analysisof that information; sharing and disclosureof that
information with participating agencies,public health or safety agencies,and the
generalpublic; and the retention and destructionof that information.
Becausethis requestinvolves a matter of public concernand becauseit is made on behalf
of a non-profit organization,we ask that you waive any copying costs pursuantto 950 C.M.R. $
32.06(5). Alternatively, we ask that you permit us to examine the requestedrecordsand, at our
election,obtain copiesof specifiedrecords.
Shouldyou determinethat someportion of the documentsrequestedareexemptfrom
disclosure,pleasereleaseany segregableportions that are not exempt. In addition,pleasenote
the applicablestatutory exemption and explain why it applies to the redactedportions. As you
know, a custodianof public recordsshall comply with a requestwithin ten daysafter receipt.
211 CongressStreet,Boston,MA02110
ACLUof Massachusetts,
Phone:617-482-3170 Fax:617-451-0009 Website:www.aclu-mass.org