NCMEC Cyber- Tip Arrests - 2023
Dear Ocean County Prosecutor's Office,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
Could you kindly check the High-Tech Crime module in InfoShare and/or the ICAC Data System and report the number of arrests the Ocean County Prosecutor's Office recorded in 2023 as the result of receiving National Center for Missing and Exploited Children Cyber-Tips? A requirement of being a member of the ICAC Task Force is to report the number of search warrants and arrests made by the affiliates by the 15th of each month. It is a record that is covered by the OPRA.
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
Sean Nelson Boero
Attached please find the response to your request.
Best regards,
From: Sean Nelson Boero
<[OPRA #68246 email]>
Sent: Thursday, October 24, 2024 1:26 PM
To: OCPO_OPRA <[Ocean County Prosecutor's Office request email]>
Subject: [EXTERNAL] OPRA request - NCMEC Cyber- Tip Arrests - 2023
This message has originated from an External Source. Please use proper
judgment and caution when opening attachments, clicking links, or
responding to this email.
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Dear Ocean County Prosecutor's Office,
Please accept this electronic request for public records made under OPRA
and the common law right of access. I am not required to fill out an
official form or use a particular software platform to submit my request
per NJSA 47:1A-6(f), which states that an email from a requestor including
all of the information required on the adopted form shall suffice in place
of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New
Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
Could you kindly check the High-Tech Crime module in InfoShare and/or the
ICAC Data System and report the number of arrests the Ocean County
Prosecutor's Office recorded in 2023 as the result of receiving National
Center for Missing and Exploited Children Cyber-Tips? A requirement of
being a member of the ICAC Task Force is to report the number of search
warrants and arrests made by the affiliates by the 15th of each month. It
is a record that is covered by the OPRA.
My preferred delivery method for response(s) to this request is by E-mail
as attachments. Please confirm you have received this request. If you are
not the custodian of records, please forward my request to that person and
provide their email address to me for future reference.
Yours faithfully,
Sean Nelson Boero
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Dear OCPO_OPRA,
" Please be advised that this Office is not in possession of any documents responsive
to your request. Additionally, the request is invalid as it seeks data, information and/or statistics.
See Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div. 2005) (“To qualify
under OPRA . . . , the request must reasonably identify a record and not generally data, information
or statistics.”) Additionally, compliance with the request would require research, analysis and
judgment by this office, which is prohibited by OPRA:"
Dina, the specific documents would be the OCPO Press Releases for 2023, and/or the mandatory reports the OCPO is required to submit to the NJ State Police via the ICAC Data System - Kindly refer to Page 4 of 6 of the MOU signed between the NJ State Police and the Ocean County Prosecutor's Office regarding "Reporting" wherein the OCPO agreed to report the number of Arrests made by the 5th of each month. It is a record covered by the OPRA.
“We will continue to work with our law enforcement partners to protect the most vulnerable among us. Children are most deserving of our unwavering commitment to investigating and prosecuting these types of offenses,” - Bradley Billhimer, June 14, 2023
The OCPO would have received more than 300 Cyber-Tips from the NJ State Police during 2023, but I am only counting nine (9) arrests from OCPO's public press releases. Thanks so much.
Yours sincerely,
Sean Nelson Boero
Attached please find the response to your request.
Best regards,
From: Sean Nelson Boero
<[OPRA #68246 email]>
Sent: Tuesday, October 29, 2024 11:43 AM
To: OCPO_OPRA <[Ocean County Prosecutor's Office request email]>
Subject: RE: [EXTERNAL] OPRA request - NCMEC Cyber- Tip Arrests - 2023
Dear OCPO_OPRA,
" Please be advised that this Office is not in possession of any documents
responsive
to your request. Additionally, the request is invalid as it seeks data,
information and/or statistics.
See Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div.
2005) (“To qualify
under OPRA . . . , the request must reasonably identify a record and not
generally data, information
or statistics.”) Additionally, compliance with the request would require
research, analysis and
judgment by this office, which is prohibited by OPRA:"
Dina, the specific documents would be the OCPO Press Releases for 2023,
and/or the mandatory reports the OCPO is required to submit to the NJ
State Police via the ICAC Data System - Kindly refer to Page 4 of 6 of the
MOU signed between the NJ State Police and the Ocean County Prosecutor's
Office regarding "Reporting" wherein the OCPO agreed to report the number
of Arrests made by the 5th of each month. It is a record covered by the
OPRA.
“We will continue to work with our law enforcement partners to protect the
most vulnerable among us. Children are most deserving of our unwavering
commitment to investigating and prosecuting these types of offenses,” -
Bradley Billhimer, June 14, 2023
The OCPO would have received more than 300 Cyber-Tips from the NJ State
Police during 2023, but I am only counting nine (9) arrests from OCPO's
public press releases. Thanks so much.
Yours sincerely,
Sean Nelson Boero