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DPS claims TrapWire has resulted in 44 arrests but has no arrest reports
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TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD x BOX 4087 x AUSTIN, TEXAS 78773-0001 512/424-2000 www.dps.texas.gov
STEVEN C. McCRAW COMMISSION DIRECTOR A. CYNTHIA LEON, CHAIR DAVID G. BAKER MANNY FLORES ROBERT J. BODISCH, SR. FAITH JOHNSON DEPUTY DIRECTORS STEVEN P. MACH RANDY WATSON
EQUAL OPPORTUNITY EMPLOYER COURTESY x SERVICE x PROTECTION
June 10, 2015 Via Email Steve Miller [email protected] RE: Public Information Request for information, specifically incident reports for the 44 arrests
related to the “Trapwire” program (PIR # 15-2374) Mr. Miller: The Department received your above-referenced request on May 19, 2015. The Department has conducted a good faith search for any and all information related to your request and has not been able to locate any responsive records. Enclosed is our letter withdrawing our request for a ruling from the Attorney General's Office. If you have any questions, please contact the Media and Communications Office at [email protected]. Thank you. Cordially,
Molly Cost Assistant General Counsel \\hqogcs001\ORA\2015 requests\15-2374\15-2374 (15-06-10) letter to requestor
TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD x BOX 4087 x AUSTIN, TEXAS 78773-0001 512/424-2000 www.dps.texas.gov
STEVEN C. McCRAW COMMISSION DIRECTOR A. CYNTHIA LEON, CHAIR DAVID G. BAKER MANNY FLORES ROBERT J. BODISCH, SR. FAITH JOHNSON DEPUTY DIRECTORS STEVEN P. MACH RANDY WATSON
EQUAL OPPORTUNITY EMPLOYER COURTESY x SERVICE x PROTECTION
June 10, 2015 Via Hand Delivery Office of the Attorney General Open Records Division 209 West 14th Street, 6th Floor Austin, Texas 78701 RE: Public Information Request for information, specifically incident reports for the 44 arrests
related to the “Trapwire” program (PIR # 15-2374) DATE REQUEST FOR INFORMATION RECEIVED: 5/19/2015 DATE REQUEST FOR RULING SUBMITTED TO ATTORNEY GENERAL: 6/3/2015 DATE WITHDRAWAL OF REQUEST FOR RULING SUBMITTED TO ATTORNEY GENERAL: 6/10/2015 Dear Open Records Division: The Department of Public Safety received the above-referenced request for information from Steve Miller on May 19, 2015. A request for ruling regarding disclosure of the responsive information was submitted to your office on June 3, 2015. We are hereby withdrawing the previously-submitted request for ruling. The Department does not have records responsive to the request. Please feel free to contact me at (512) 424-2890 if you have any questions. Sincerely,
Molly Cost Assistant General Counsel cc: Steve Miller
1099 Woodwind Trail Haslett, MI 48840 [email protected]
\\hqogcs001\ORA\2015 requests\15-2374\15-2374 (15-06-10) letter to AG
From: steve m <[email protected]> Sent: Tuesday, May 19, 2015 12:03 PM To: OGC Webmaster Subject: public records request Attachments: DPS email about DMN report.pdf Steve Miller 1099 Woodwind Trail Haslett MI 48840 [email protected] May 19, 2015 Texas Department of Public Safety Attn: Open Records 5805 N. Lamar Blvd Austin, TX [email protected] Under the Texas Public Information Act, Chapter 552 of the Texas Government Code, which guarantees the public's access to information in the custody of governmental agencies, I request that you open to inspection and/or copying the following records: + All arrests made under the TrapWire program as outlined in the attached email dated April 24, 2015, “subject: DPS FW: Dallas Morning News column to run Sunday, April 26.” On page two, Robert J. Bodisch, deputy director of Homeland Security & Services at DPS, asserts that TrapWire has resulted in 44 arrests. I am requesting the arrest sheet for each arrest and all accompanying incident reports. Please be aware that the state’s Court of Appeals holds in Houston Chronicle Publishing Company v. City of Houston that “the press and the public have a
PIR 15-2374 REQUEST
constitutional right of access to information concerning crime in the community, and to information relating to activities of law enforcement agencies. “ In this case, given the public interest in the program and recent coverage in TrapWire by the Dallas media, there is a compelling public right-to-know. This request is not meant to be exclusive of any other records which, though not specifically requested, would have a reasonable relationship to the subject matter of this request. If any of the requested records are maintained electronically, I seek access to them in an electronic format. I ask that I be allowed to access these records piecemeal, as they are gathered and can be made available, instead of waiting until all the requested records are gathered. If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect to be provided with all segregable portions of otherwise exempt material. Please separately state your reasons for not invoking your discretionary powers to release the requested documents in the public interest. I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge in the process of news gathering and not for commercial usage. Please communicate with me by telephone or e-mail rather than by mail. My telephone number is 832-303-9420. My e-mail is [email protected]. I look forward to hearing from you promptly, as specified in the law. Thank you for your cooperation. Sincerely,
PIR 15-2374 REQUEST
Steve Miller Sam Elsass Legal Assistant Texas Department of Public Safety Office of General Counsel (512) 424-5430
PIR 15-2374 REQUEST
Sent: Friday, April 24, 2015 5:59 PM To: DPS Government Relations Subject: DPS FW: Dallas Morning News column to run Sunday, April 26 Importance: High Honorable Members: We understand that the Dallas Morning News (DMN) will run a column on Sunday questioning (is the) “Government spying in Texas?” https://youtu.be/p_sRpKKKvhY The DMN has inquired about the DPS suspicious activity reporting system, and DPS has accordingly provided the DMN columnist with a significant amount of information about this system, as well as refuting multiple inaccurate assertions by the columnist. Many of you have already been briefed on this DPS suspicious activity reporting system (known as TrapWire) – specifically as it relates to security at the capitol – which is critical to assessing potential threats in a post 9-11 environment and keeping Legislators, staff and the general public safe. Nevertheless, we wanted to make sure you were aware of this upcoming column, as the promo for its publication is already riddled with inaccurate and exaggerated insinuations, and the column has the potential to significantly misrepresent the facts about this program despite the information provided to the DMN. The facts regarding this system, which were also provided to the DMN, are as follows:
Law enforcement in general has changed how they assess threats since 9-11, New York City is just one example. It should come as no surprise that there are terrorists and, in general, criminals who wish to harm innocent people and target infrastructure, and the Department has a responsibility and duty to do what it can to identify and prevent potential criminal activity, if possible, before it happens. This includes the Capitol complex, which has thousands of state employees and visitors every day, including many school children. TrapWire does not perform surveillance, the system does not have cameras, and it does not target individuals or groups. Anything that goes into TrapWire has to be entered manually by DPS. What it does do is analyze data after it is entered into the system and look for patterns and trends. TrapWire uses existing DPS resources, such as iWatch. (See this press release for additional background on iWatch: http://www.txdps.state.tx.us/director_staff/media_and_communications/2013/pr051513.htm) At its core, TrapWire is used to analyze suspicious activity reports or activity to determine a potential tie to terrorism or criminal activity by detecting potential threat patterns, which in turn can be used for criminal investigations or to adjust security to mitigate future risks. For example, DPS receives tips from a variety of sources, including law enforcement, the private sector and the public (which potentially could include the
PIR 15-2374 REQUEST
media). It also helps identify patterns that might suggest pre-surveillance of DPS facilities. And, it ties into data from other users on the TrapWire system. In Texas, TrapWire has resulted in:
• 21 patterns identified (12 with connections outside Texas) • 44 arrests • 36 investigations launched; 14 sent to a Joint Terrorism Task Force, ICE, other
federal agencies.
The DPS agreement is with TrapWire. The depratment began using the program for the reasons enumerated above. Any other implication is false (including the inaccurate assertion by the columnist that it may be related to Fred Burton or Statfor).
In responding to a specific question by the DMN, DPS also stated that TrapWire is not used to monitor political activists.
This program is utilized in compliance the Texas Privacy Policy, http://www.dps.texas.gov/docs/TxFCPrivacyPolicy113010.pdf, and Texas Government Codes 421.082 and 421.085, including the federal 28 Code of Federal Regulations, Part 23.
If you have any questions about this or any other matter, please don’t hesitate to contact me. Robert J. Bodisch Deputy Director Homeland Security & Services Texas Department of Public Safety
PIR 15-2374 REQUEST
