New York Court of Appeals

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Index No. 100580/2013

In the Matter of the Application of

MICHAEL GRABELL,

Petitioner-Respondent,

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,

-against-

NEW YORK CITY POLICE DEPARTMENT,

Respondent-Appellant.

BRIEF OF AMICI CURIAE THE REPORTERS CO:MMITTEE FOR FREEDOM OF THE PRESS AND 14 MEDIA ORGANIZATIONS* IN SUPPORT OF PETITIONER-RESPONDENT'S MOTION FOR LEAVE TO APPEAL

Bruce D. Brown, Esq. Robert D. Balin, Esq. Katie Tovmsend, Esq. John M. Browning, Esq. Adam A. Marshall) Esq. DAVIS WRIGHT TREMAINE LLP Selina McClaren, Esq. 1251 A venue of the Americas REPORTERS COMMITTEE FOR 21st Floor FREEDOM OF THE PRESS New York, New York 10020-1104 1156 15th Street Tel.: 212.489.8230 Suite 1250 Counsel ofRecord for Amici Curiae Washington, D.C. 20005 202.795.9300 * A full list of amici is reproduced Of Counsel within

PRINTED ON RECYCLED PAPER@ TABLE OF CONTENTS

TABLE OF CONTEI\TTS ...... ii

TABLE OF AUTHORITIES ...... iii

IDENTITY AND INTEREST OF AMICI CURIAE ...... 1

INTRODUCTION AND SUMMARY OF ARGUMENT ...... 3

ARGUMENT ...... 5

I. The First Department's decision warrants review by this Court because it

ignored publicly available information about ZBVs and failed to order the

release of segregable information...... 5

II. The First Department's decision jeopardizes the ability of FOIL to serve as

an effective tool for public oversight of law enforcement activities ...... 13

CONCLUSION ...... 18

APPENDIX A ...... 19

APPENDIX B ...... 24

APPEJ\TDIX C ...... 26

11 TABLE OF AUTHORITIES Cases Capital Newspapers, Div. ofHearst Corp. v. Whalen, 69 N.Y.2d 246, 505 N.E.2d 932 (1987) ...... 5, 12 Hanig v. State Dep't ofMotor Vehicles, 79 N.Y.2d 106, 588 N.E.2d 750 (1992) .... 5

.~.\fatter ofFink v. Lefkowitz, 47 N.Y.2d 567 (1979) ...... 13 Matter ofSchenectady County Socy. for the Prevention of Cruelty to Animals v. Mills, Inc., 18 NY3d 42, 958 N.E.2d 1194 (2011) ...... 5 Statutes FOIL§ 84 ...... 4, 12 FOIL§ 87 ...... 3 FOIL§ 89 ...... 5 Other Authorities A1 Baker, Judge Orders City to Release Reports on Shots Fired by Police at Civilians Since 1997, N.Y. Times ...... 17 Alex Chalmers, Abstract: three applications ofbackscatter x-ray imaging technology to homeland defense, Proc. SPIE 5778, 989 (August 05, 2005) ...... 9 Alex Emmons, New York Policy Have Used Stingrays Widely, New Documents Show, The Intercept (Feb. 11, 2016) ...... 14 Ali Winston, Secrecy Shrouds NYPD's Anti-Terror Camera System, CityLimits.org (Apr. 26, 2010) ...... 17 Andy Greenberg, Full-Body Scan Technology Deployed In Street-Roving Vans, Forbes (Aug. 24, 2010), ...... 9 Andy Greenberg, Researchers Easily Slipped Weapons Past TSA 's X-Ray Body Scanners, Wired (Aug. 20, 2014), http://wrd.cm/1thh4AC ...... 9 AS&E, Mobile I ZB V (20 15) ...... 6 Barry Baddock, Rocco Parascandola, Sarah Ryley, & Dareh Gregorian, Staten Island, borough where Eric Garner died, has highest number ofmost-sued NYPD officers, N.Y. Daily News (Jul. 28, 2014) ...... 16

111 Cargo & Vehicle Inspection, AS&E, http://as-e.com/print-image/zbv2/ ...... 6 Caroline Bankoff, The City Has Paid Almost Half a Billion Dollars in ATYPD- Related Settlements Over the Past 5 years, N.Y. Magazine (Oct. 12, 2014) ...... 16 CJ Ciaramella, Secrets ofthe NYPD, Salon.com (May 8, 2013) ...... 13 Daniel Fitzsimmons, The Flaws in Cooper's Law, StrausMedia (Jun. 10, 2015) .. 16 Diane Macedo, X-Ray Vans: Security Measure, or Invasion ofPrivacy? Fox News (Oct. 22, 2010)...... 10 James Barron, Times Sues City Police, Saying Information Has Been Illegally Withheld, N.Y. Times (Dec. 21, 2010) ...... :.... 13 JeffMorganteen, The NYPD's secrecy weapon, The N.Y. World (Aug. 2, 2013).16 Julia Marsh, NYPD Sued Over Cell-Tracking 'Stingray' Device, New York Post (May 19, 2016) ...... 14 Kiona Smith-Strickland, The Border Patrol's Go-To Gadgets, Popular Mechanics (Oct 25, 2013) ...... 10 Marc Santora, Mayor de Blasio Announces Retraining ofNew York Police, N.Y. Times (Dec. 4, 2014) ...... 16 Michael Powell, In Police Training, a Dark Film on U.S. Muslims, N.Y. Times (Jan. 23, 2012) ...... 15 Mobile I ZBV ®Features, AS&E, http://as-e.com/products-so1utions/cargo- vehicle-inspection/mobile/product/zbv/#features ...... 7 Patience Haggin, Law School Study Alleges NYPD Overstepped its Power during Occupy Protests, Time (Jul. 30, 2012) ...... 17 Radley Balko, Obama moves to demilitarize America's police, The Wash. Post (May 18, 2015), archived at http://perma.cc/9NJL-6BLS ...... 15 Shawn Musgrave, New data provides first detailed look at military gear held by New York law enforcement agencies, The N.Y. World (Oct. 14, 2014) ...... 14 Shawn Musgrave, NYPD Social Media Policy Allows Catfishing-With the Proper Paperwork, The Daily Beast (Feb. 5, 2015) ...... 17 Stingrays, NYCLU, http://www.nyclu.org/stingrays ...... 14

IV Tx-View Option for ZBV Video, YouTube (Mar. 25, 2016), https:// www. youtube.com/watch?v- AMpAcD_ KxiM...... 7

U.S. Patent Application No. 20130343520 ~ 10 (filed Aug. 27, 2013) ...... 9 Z Backscatter Van (ZBV ®) S-Class, Eastern Communications archived at https://perma.cc/LU9Q-QMYX ...... 7 Z Backscatter Van (ZBV), Global Security, archived at https://perma.cc/55G5- 9IIPT?type=image ...... 8

v IDENTITY AND INTEREST OF AMICI CURIAE1

Amici are the Reporters Committee for Freedom of the Press, Advance

Publications, Inc., The Associated Press, BuzzFeed Inc., The Center for

Investigative Reporting, Daily News, LP, First Look Media Works, Inc., Gawker

Media LLC, Investigative Reporting Workshop at American University, MPA -

The Association of Magazine Media, National Press Photographers Association,

National Public Radio, Inc., The New York Times Company, Online News

Association, and the Society of Professional Journalists (collectively, "amici").

Amici are described in more detail in Appendix A. As representatives and members of the news media, amici frequently rely on state and federal freedom of information laws, including New York's Freedom of Information Law ("FOIL"), to gather information about the government and report on matters of vital public concern. Amici thus have a strong interest in ensuring that such laws are interpreted by courts in a manner that facilitates public access to government records and assures government accountability.

The Appellate Division, First Department, erroneously reversed the Supreme

Court's decision requiring the New York Police Department ("NYPD") to release records concerning its controversial x-ray van program to Petitioner-Respondent.

Amici urge this Court to grant Petitioner-Respondent's Motion for Leave to Appeal

1 All parties to the appeal have consented to the filing ofthis brief. 1 for the reasons set forth in his Memorandum of Law, and write separately to (1) provide the Court with additional information about the nature and extent of publicly available information about law enforcement's use of Z-backscatter x-ray technology, (2) highlight the potential ramifications of the First Department's decision on future FOIL cases, and (3) emphasize the public's interest in access to information about the activities of state law enforcement agencies like the NYPD.

2 INTRODUCTION AND SUMMARY OF ARGUMENT

Petitioner-Respondent Michael Grabell ("Grabell") seeks leave to appeal a

decision by the Appellate Division, First Department, that erroneously narrows

New York's Freedom of Information Law, Public Officers Law §§ 84 et seq.

("FOIL"), and shields government records concerning a controversial law

enforcement program from public scrutiny. Amici respectfully urge this Court to

grant review in this case in order to clarify the proper scope of FOIL's law

enforcement and public safety exemptions, FOIL Sections 87(2)(e)(iv) and 87

(2)(f), and the appropriate level of scrutiny to be applied by courts to conclusory

and vague agency affidavits that are contradicted by publicly available

information.

The First Department's opinion in this case relied on a single affidavit to

conclude that the New York City Police Department ("NYPD") could withhold

most of the records concerning its use of Z-Backscatter x-ray vans ("ZBV") that

were requested by Grabell under FOIL Sections 87(2)(e)(iv) and 87(2)(f) in their

entirety, without even determining whether portions of those records should be released. In doing so, the First Department ignored the extensive information

concerning the technical details of ZBVs that is available to the public, and

contradicted its own reasoning as to why the disclosure of publicly available

information poses no risk to public safety or of circumvention of law enforcement.

3 With respect to records regarding the radiation health risks of ZBV, the First

Department correctly held that because such information is already available to the

public it should be released. This reasoning applies with equal force to records

regarding the technical and operational aspects of ZBVs, which are also widely

available to the public and whose release cannot plausibly be expected to be

detrimental to the NYPD's operations.

The First Department's decision has far-reaching implications for future

cases concerning access to law enforcement records under FOIL, warranting this

Court' s review. In particular, it invites law enforcement agencies to evade FOIL's

mandate of openness by submitting vague and conclusory affidavits that conflict

with both common sense and publicly available facts in order to withhold large

numbers of records without conducting a segregability analysis.

The ramifications of the First Department's decision are of particular

concern for members of the news media, who routinely rely on FOIL in order to

gather information about the NYPD, the nation's largest police department, for the

benefit of the public. See FOIL § 84 (acknowledging that "government is the

public's business and 0 the public, individually and collectively and represented by a free press, should have access to the records of government[.]") (emphasis added). Journalists' access to such records has produced important news stories about the activities and policies of the NYPD that have informed the public and

4 facilitated public debate. Reporting of this kind would be jeopardized if the First

Department's decision is permitted to stand. For these reasons, amici urge the

Court to grant Grabell' s Motion for Leave to Appeal and reverse the First

Department's decision.

ARGUMENT

I. The First Department's decision warrants review by this Court because it ignored publicly available information about ZBVs and failed to order the release of segregable information.

This Court has long held that "FOIL is to be liberally construed and its

exemptions narrowly interpreted so·that the public is granted maximum access to

the records of government." Capital Newspapers, Div. ofHearst Corp. v. Whalen,

69 N.Y.2d 246, 252, 505 N.E.2d 932 (1987) (citation omitted). When an agency

seeks to withhold information, the "burden rest[s] on the agency to demonstrate

that the requested material indeed qualifies for exemption." Hanig v. State Dep 't

of Motor Vehicles, 79 N.Y.2d 106, 109, 588 N.E.2d 750 (1992) (citing FOIL §

89(4)(b)). And even where they apply, a governmental agency is required to

produce a redacted version of L~e requested document that discloses non-exempt

information. Matter ofSchenectady County Socy. for the Prevention of Cruelty to

Animals v. Mills, Inc., 18 NY3d 42, 45-46, 958 N.E.2d 1194 (2011). The First

Department's decision below pays little heed to these core tenets of FOIL; it allows

5 the NYPD, on the basis of a single conclusory affidavit, to withhold information on

ZBV s without requiring non-exempt information to be segregated and released.

The affidavit of Richard Daddario that was filed in support of the NYPD's withholdings (the ~'Daddario Affidavit") stated, inter alia, that the records requested by Grabell could not be released because doing so "would reveal the specifications of the vans and any limitations on their use ... [and] allow terrorists to undermine their effectiveness." R. 92. As amici stated in its brief to the First

Department, however, information about backscatter x-ray technology, including the ZBV, is already widely and publicly available. See Br. of Amici Curiae The

Reporters Committee for Freedom of the Press and 21 Media Organizations In

Support of Respondent. Indeed, American Science & Engineering (AS&E), the manufacturer of the ZBV, publishes extensive, detailed information about the operations and vulnerabilities of the technology at issue here on the internet. See, e.g., AS&E, lvfobile I ZBV (2015), http://bit.ly/lJyYCHC (stating that the van creates "easy-to-read image[s]" that "quickly and clearly reveal[] threats like explosives, drugs, currency, and trade-fraud items such as alcohol and cigarettes").

This information includes:

6 • Pictures of the types of the ZBV s AS&E produces, which shows their exact

models and appearances (attached as Exhibit A to the accompanying

2 affirmation of John Browning dated August 26, 2016 ("Browning A:ff.")) ;

• A video of an officer showing how to set up a ZBV with the "Tx-View"

option (including how long the assembly takes), what the operator can see as

a vehicle passes through, and its ability to identify hidden propane tanks,

artillery shells, drugs, and ammonium nitrate. 3

• The maximum effective speeds at which the ZBV can scan (6 mph/10 kph),

and the fact that it can scan the full height of a vehicle, including the tires

4 (attached as Browning Aff. Ex. B) ;

• A sample of the images produced by the ZBV and its ability to identify

smuggled currency and alcohol concealed in a vehicle (attached as Browning

Aff. Ex C).5

An AS&E data sheet made available on the internet by Eastern

Communications, Ltd., a New York City-based company, also includes extensive details about the S-Class ZBV. See Z Backscatter Van (ZBV ®) S-Class, Eastern

2 Cargo & Vehicle Inspection, AS&E, http://as-e.com/print-image/zbv2/ (last accessed Aug. 25, 2016). 3 Tx-View Option for ZBV Video, YouTube (Mar. 25, 2016), https://www.youtube.com/watch?v=AMpAcD _ Kx.IM. 4 Mobile ! ZBV ®Features, AS&E, http://as-e.com/products-solutions/cargo-vehicle inspectionlmobile/product/zbv/#features (last accessed Aug. 25, 2016). 5 Cargo & Vehicle Inspection, AS&B, http://as-e.com/print-image/zbv8 (last accessed Aug. 25, 2016); Cargo & Vehicle Inspection, AS&E, http://as-e.com/print-imagelzbv6 (last accessed Aug. 25, 2016). 7 Communications archived at https://perma.cc/LU9Q-QMYX (last accessed Aug.

25~ 2016) (attached as Browning Aff. Ex. D). This data sheet informs the public that, for example, the ZBV can "image 10 lbs ( 4.5 kg) of organic material, such as

C4 or cocaine, placed behind 0.24 inches (6 mm) of steel when scanned from a distance of 3.5 ft (1.1 m)." /d. The data sheet also includes the resolution of the van's scans (0.28" at a distance of 3.5' at a scan speed of 1 mph), its effective operating temperatures and the differences afforded by the optional hot/cold weather packages (ranging from -20°F to 122°F), the amount of fuel used while scanning (one gallon per hour), the particular radiation standard it conforms to

(ANSI N43.3-2008 For General Radiation Safety Installations using non-medical

X-ray and sealed gamma-ray sources, energies up to 10 MeV), and that the ZVB's computer uses a 14.1-inch LCD monitor running on Windows XP Professional.

SecUrity companies, too, have published a substantial amount of detailed information concerning the ZBV. See, e.g., Z Backscatter Van (ZBV), Global

Security, archived at https://penna.cc/55G5-9HPT?type=image (last accessed Aug.

25, 2016) (attached as Browning Aff. Ex. E). Global Security's diagrams, for example, show the exact layout of the electronic components within the van

(including where the backscatter detectors and the x-ray source are), the effective scan height (12 feet at a 3.5-foot distance from the van), and how the system displays concealed drugs and persons. Id.

8 Other information published by AS&E explicitly addresses the technical limitations of the ZBV. For example, its patent application acknowledges that "it can sometimes be difficult to image organic materials when they are placed within or behind significant amounts ofhigh-Z material, such as steel. An example of this might be a small quantity of explosive concealed in the trunk of a vehicle.'5 U.S.

Patent Application No. 20130343520, 10 (filed Aug. 27, 2013). AS&E's patent application also contains detailed images of the features of the van and explains, among other things: "[t]he source of penetrating radiation may include .. . an x-ray tube emitting radiation at energies below approximately 250 keY. The source of penetrating radiation may include a rotating chopper wheel emitting radiation to one or both sides of the enclosed conveyance." Id.

The news media has reported on these limitations. See, e.g., Andy

Greenberg, Full-Body Scan Technology Deployed In Street-Roving Vans, Forbes

(Aug. 24, 2010), http://onforb.es/lLYaOyx ("[T]he ZBV scans don't capture nearly as much detail of human bodies as their airport counterparts."). And other news reports explore analogous "glaring vulnerabilities" that exist in the backscatter x ray body scanners previously deployed in airports, which used the same technology as the ZBV. Andy Greenberg, Researchers Easily Slipped Weapons

Past TSA 's X-Ray Body Scanners, Wired (Aug. 20, 2014), http://wrd.cm/lthh4AC.

9 In addition to news media coverage, scientific publications also discuss various aspects, including limitations, of ZBV technology in detail. See, e.g. , Alex

Chalmers, Abstract: three applications ofbackscatter x-ray imaging technology to homeland defense, Proc. SPIE 5778, 989 (August 05, 2005), available at http://bit.ly/1LY719s ("An overview of the x-ray imaging subsystems is provided as well as sample images from each system. Key features such as x-ray safety, throughput and detection are discussed.").

Not only are the limitations of the ZBV's technology widely ·acknowledged, but its specific operational features have also been disseminated to the public and examined by the news media. See, e.g., Diane Macedo, X-Ray Vans: Security

Measure, or Invasion of Privacy? Fox News (Oct. 22, 2010), http://fxn.ws/1052gkw ("Once equipped, the van-which looks like a standard delivery van-takes less than 15 seconds to scan a vehicle; it can be operated remotely from more than 1,500 feet and can be equipped with optional technology to identify radioactivity as well."). For example, in 2013, Popular Mechanics published a report that detailed many of the operational features of the ZBV. The article pointed out that "[o ]rganic materials such as hidden drugs, even if hidden beneath false floors or in barrels, show up as bright shapes on a screen in the cabin." Kiona Smith-Strickland, The Border Patrol's Go-To Gadgets, Popular

Mechanics (Oct 25, 2013), http://bit.ly/ljrGoD9. Popular Mechanics also reported

10 that the ZBV used by Customs and Border Patrol agents were equipped with radar

and monitors that "displayO a map of the area, flecked with green dots where the

radar detects movement." Id. One Border Patrol agent reportedly told Popular

Mechanics "that based on the location and size of the dots, he can usually tell

whether movement is caused by a vehicle or foot traffic." Id.

Given the extensive amount of publicly available information about ZBV technology, under the First Department's own reasoning as set forth in its decision, there is no reason why records responsive to Grabell' s request should be withheld.

As the First Department correctly noted, "information about the safety risks of

backscatter technology is already widely available to the public[,]" First Dep't

Decision at 9 (emphasis added). Thus, because the agency did not adequately explain how such information "could be exploited by terrorists," id., the First

Department correctly concluded that the NYPD must segregate and release records concerning those safety risks. Yet it failed to apply that same standard with respect to the other categories of information requested by Grabell. As set forth above, the public is already well aware of the operations and limitations of ZBVs. Among other things, the public knows exactly what they look like, that they are ineffective at speeds above 6 mph, and that they do not work at distances of more than a few feet. See supra. The public knows what types of items can be discovered by

ZBVs, that its scans can be ineffective in penetrating steel wider than 0.24 inches,

11 and what contraband items look like to their operators. Id. The fact that the

NYPD continues to use ZBV s despite the fact that such information is public demonstrates that public knowledge of the technology does not inhibit its effectiveness.

Even apart from the specific records at issue in this case, the decision of the

First Department has the potential to drastically undermine FOIL in future cases if left unexamined by this Court. Specifically, it invites law enforcement agencies to exploit its disjointed reasoning by submitting vague affidavits opining that the requested information falls within an exemption, even where such representations are directly contradicted by publicly available information. This danger is further compounded by the fact that the First Department erroneously afforded such substantial weight to the NYPD's affidavit that it determined a segregability analysis need not be performed, notwithstanding the fact that many of the records requested by Grabell are likely to contain some of the very same information that is already available to the public. This effective broadening of the scope of FOIL's exemptions contravenes both this Court's long standing command that such exemptions should be construed narrowly, and FOIL's efficacy as a tool for keeping the public informed about the actions of their government. See Capital

Newspapers, Div. of Hearst Corp., 69 N.Y.2d at 252. This Court should grant

12 Grabell' s motion to make clear that agencies may not rely on nebulous assertions of supposed harm to shortcut FOIL's mandate of openness.

II. The First Department's decision jeopardizes the ability of FOIL to serve as an effective tool for public oversight of law enforcement activities.

Journalists frequently use FOIL to gather news and report on matters of significant importance to the citizens of New York. See FOIL § 84 (stating that

"government is the public's business and [] the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article") (emphasis added).

Controversial law enforcement technologies and techniques are precisely the type of issue about which the public requires "sufficient information in order to make intelligent, informed choices with respect to both the direction and scope of governmental activities." Matter ofFink v. Lefkowitz, 41 N.Y.2d 567, 571 (1979).

While the public has a strong interest in the particular records at issue in this case, the citizens of New York also generally have a strong interest in access to information about the NYPD. 6

6 The NYPD, the largest municipal police force in the United States, has a history of failing to comply with its obligations under FOIL. See James Barron, Times Sues City Police, Saying Information Has Been Illegally Withheld, N.Y. Times {Dec. 21, 2010), http://nyti.ms/11JCN44 ("The Times said the [NYPD's] handling of the requests reflected a pattern and practice by which the police avoided providing material that the State Freedom oflnfonnation Law said must be released."); see also CJ Ciaramella, Secrets ofthe NYPD, Salon.com (May 8, 2013), http://perma.cc/27KH-9TPN (reporting that the NYPD routinely ignores a third of all FOIL requests it receives). 13 Time and again, FOIL has proven itself to be an invaluable tool for ensuring that the citizens of this State are informed, through the news media, about the actions of law enforcement agencies and officers, including the NYPD. For example, the New York Civil Liberties Union ("NYCLU") recently used FOIL to obtain documents regarding the N"YPD's use of cell-site simulators, commonly known as Stingrays. The records showed that the NYPD has used Stingrays more than 1,000 times since 2008, has no written policies about the use of Stingrays, and does not get a warrant before using a Stingray, instead relying on a pen register order that can be issued without a showing of probable cause. See Alex Emmons,

New York Policy Have Used Stingrays Widely, New Documents Show, The

Intercept (Feb. 11, 2016), archived at https://perma.cc!RRP4-K6VK. The NYCLU also obtained records showing that the State spends hundreds of thousands of dollars on Stingray devices. See Stingrays, NYCLU, http://www.nyclu.org/stingrays. Municipal law enforcement's routine use of

Stingrays, which were originally designed for use by the military, see Emmons, supra, has raised concerns among privacy activists, and the NYCLU has initiated a lawsuit in Manhattan Supreme Court challenging their use by the NYPD. See Julia

Marsh, NYPD Sued Over Cell-Tracking 'Stingray' Device, New York Post (May

19, 2016), archived at https://perma.cc/EA8Z-Q9QV. Without FOIL, the ability of the public to participate meaningfully in a policy debate concerning the NYPD's

14 use of this controversial law enforcement tool would be hampered, if not eliminated.

Reporters have also used FOIL to report about the shift of military equipment from federal to state and local police forces. FOIL requests have revealed, for example, that New York law enforcement agencies have received nearly 300 assault rifles though the Pentagon's 1033 program, as well as three armored vehicles, two cargo planes, six helicopters, and more than 150 military trucks and Humvees. Shawn Musgrave, New data provides first detailed look at military gear held by New York law enforcement agencies, The N.Y. World (Oct.

14, 2014), archived at http://perma.cc/2L97 -6FHR. Records obtained through

FOIL revealed that the NYPD, in particular, obtained four armored trucks valued at $65,000 each, and two "armored mortar carriers" valued at more than $200,000 each. Id. As a result of public scrutiny of these kinds of military equipment transfers to local law enforcement agencies, President Obama recently announced that the Pentagon would limit the types of military equipment that can be obtained by local law enforcement. Radley Balko, Obama moves to demilitarize America 's police, The Wash. Post (May 18, 2015), archived at http://perma.cc/9NJL-6BLS.

FOIL has also been an important tool for obtaining information that allows the public to understand and oversee how NYPD trains its officers and interacts with the public. For example, a FOIL request submitted by a reporter in 2012

15 revealed that the NYPD showed a racist anti-Muslim film to almost 1,500 police officers as part of their training. Michael Powell, In Police Training, a Dark Film on U.S. Muslims, N.Y. Times (Jan. 23, 2012), http://nyti.ms/1mOC8IV. When news first broke that the NYPD had been screening that film for trainees, a top official said it had been "mistakenly screened 'a couple of times'." Id. But documents obtained under FOIL told a different story: the NYPD had run the film

"on a continuous loop" for between three months and one year of training. Id.

FOIL was also used to obtain records showing that New York City paid more than $428,000,000 to settle more than 10,000 civil rights lawsuits brought against the 1\TYPD since 2009. Caroline Bankof( The City Has Paid Almost Halfa

Billion Dollars in NYPD-Related Settlements Over the Past 5 years, N.Y.

Magazine (Oct. 12, 2014), archived at http://penna.cc/B65G-G2NM. And records released under FOIL showed that seven of the top ten most-sued officers were assigned to a Staten Island narcotics unit that covers the same area where Eric

Garner, a resident of that area, died after being placed in a chokehold by an NYPD officer in 2015. Barry Baddock, Rocco Parascandola, Sarah Ryley, & Dareh

Gregorian, Staten Island, borough where Eric Garner died, has highest number of most-sued NYPD officers, N.Y. Daily News (Jul. 28, 2014), archived at http://perma.cc/223K-PURV. Such information is invaluable for the citizens of

New York, who can use it to participate in the democratic process. See, e.g., Marc

16 Santora, Mayor de Blasio Announces Retraining ofNew York Police, N.Y. Times

(Dec. 4, 2014), http://nyti.ms/IFUsvDa (noting that "[w]hen Mr. de Blasio was running for mayor, he promised sweeping reforms of the Police Department . . .

..").

These are only a handful of examples from the countless pieces of important reporting made possible because of information obtained through FOIL. From raising questions about the accuracy of criminal convictions, 7 to showing the inefficiency of Cooper's Law,8 to revealing information about NYPD's massive video surveillance network,9 to forcing NYPD to release information about civilian shootings,10 the list of what FOIL has brought to light for the public goes on11 and on.12 Amici and the citizens of New York have a compelling interest in ensuring that any exemptions from disclosure under FOIL asserted by law enforcement entities are, as the statute requires, interpreted narrowly.

7 Je:ff.Morganteen, The NYPD's secrecy weapon, The N.Y. World (Aug. 2, 2013), archived at http://perma.cc/R79B-BR3S. 8 Daniel Fitzsimmons, The Flaws in Cooper's Law, StrausMedia (Jun. 10, 2015), archived at http://perma.cc/WC76-6WBL. 9 Ali Winston, Secrecy Shrouds NYPD 's Anti-Terror Camera System, CityLimits.org (Apr. 26, 2010), archived at http://perma.cc/SW5D-G4MK. 10 AI Baker, Judge Orders City to Release Reports on Shots Fired by Police at Civilians Since 1997, N.Y. Times (Feb. 22, 2011), http://www .nytimes.com/20 11 /02/23/nyregion/23 shootings.html. 11 Shawn Musgrave, NYPD Social Media Policy Allows Catfishing-With the Proper Paperwork, The Daily Beast (Feb. 5, 2015), archived athttp://perma.ccNVL6-PC7A. 12 Patience Haggin, Law School Study Alleges NYPD Overstepped its Power during Occupy Protests, Time (Jul. 30, 2012), archived athttp://perma.cc/9B3Z-Z93T. 17 CONCLUSION

For the reasons set forth herein and in Petitioner-Respondent's brief, amici respectfully urge the Court to grant Grabell 's Motion for Leave to Appeal.

Respectfully subroitted,

Robert D. Balin, Es . John M. Browning, Esq. DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor New York, NY 10020 Tel: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord for Amici Curiae

18 APPENDIX A

Descriptions of amici:

The Reporters Committee for Freedom of the Press is an unincorporated nonprofit association of reporters and editors that works to defend the First

Amendment rights and freedom of information interests of the news media. The

Reporters Committee has provided assistance and research in First Amendment and Freedom of Information Act litigation since 1970.

Advance Publications, Inc., directly and through its subsidiaries, publishes more than 20 print and digital magazines with nationwide circulation, local news in print and online in 10 states, and leading business journals in over 40 cities throughout the United States. Through its subsidiaries, Advance also owns numerous digital video channels and internet sites and has interests in cable systems serving over 2.3 million subscribers.

The Associated Press ("AP") is a news cooperative organized under the Not-for

Profit Corporation Law ofNew York, and owned by its 1,500 U.S. newspaper members. The AP's members and subscribers include the nation's newspapers, magazines, broadcasters, cable news services and Internet content providers. The

AP operates from 300 locations in more than 100 countries. On any given day,

AP's content can reach more than half of the world' s population. 19 BuzzFeed Inc. (BuzzFeed) is a social news and entertainment company that provides shareable breaking news, original reporting, entertainment, and video across the social web to its global audience of more than 200 million.

The Center for Investigative Reporr..ng (CIR) believes journalism that moves citizens to action is an essential pillar of democracy. Since 1977, CIR has relentlessly pursued and revealed injustices that otherwise would remain hidden from the public eye. Today, we're upholding this legacy and looking forward, working at the forefront of journalistic innovation to produce important stories that make a difference and engage you, our audience, across the aisle, coast to coast and worldwide.

Daily News, LP publishes the New York Daily News, a daily newspaper that serves primarily the New York City metropolitan area and is the ninth-largest paper in the country .by circulation. The Daily News' website, NYDailyNews.com, receives approximately 26 million unique visitors each month.

First Look Media Works, Inc. is a new non-profit digital media venture that produces The Intercept, a digital magazine focused on national security reporting.

Gawker Media LLC is the publisher of some of the web's best-loved brands and communities, including the eponymous Gawker, the gadget sensation Gizmodo,

20 and the popular sports site Deadspin. Founded in 2002, Gawker' s sites reach over

100 million readers around the world each month.

The Investigative Reporting Workshop, a project of the School of

Communication (SOC) at ~'11erican University, is a nonprofit, professional newsroom. The Workshop publishes in-depth stories at investigativereportingworkshop.org about government and corporate accountability, ranging widely from the environment and health to national security and the economy.

MPA - The Association of Magazine Media, ("MPA") is the largest industry association for magazine publishers. The MP A, established in 1919, represents over 175 domestic magazine media companies with more than 900 magazine titles.

The MP A represents the interests of weekly, monthly and quarterly publications that produce titles on topics that cover politics, religion, sports, industry, and virtually every other interest, avocation or pastime enjoyed by Americans. The

MPA has a long history of advocating on First Amendment issues.

The National Press Photographers Association ("NPPA") is a 501(c)(6) non profit organization dedicated to the advancement of visual journalism in its creation, editing and distribution. NPPA's approximately 7,000 members include television and still photographers, editors, students and representatives of

21 businesses that serve the visual journalism industry. Since its founding in 1946, the NPPA has vigorously promoted the constitutional rights of journalists as well as freedom of the press in all its forms, especially as it relates to visual journalism.

The submission of this brief was duly authorized by Mickey H. Osterreicher, its

General Counsel.

National Public Radio, Inc. (NPR) is an award-winning producer and distributor of noncommercial news, information, and cultural programming. A privately supported, not-for-profit membership organization, NPR serves an audience of more than 26 million listeners each week via more than 1000 noncommercial, independently operated radio stations, licensed to more than 260 NPR Members and numerous other NPR-affiliated entities. In addition, NPR is reaching an expanding audience via its digital properties, including NPR.org and NPR' s applications, which see more than 30 million unique visitors each month. National

Public Radio, Inc. has no parent company and issues no stock.

The New York Times Company is the publisher of The New York Times and

The International Times, and operates the news website nytimes.com.

Online News Association ("ONA") is the world's largest association of online journalists. ONA's mission is to inspire innovation and excellence among journalists to better serve the public. ONA's more than 2,000 members include

22 news writers, producers, designers, editors, bloggers, technologists, photographers, academics, students and others who produce news for the Internet or other digital delivery systems. ONA hosts the annual Online News Association conference and administers the Online Journalism Awards. ONA is dedicated to advancing the interests of digital journalists and the public generally by encouraging editorial integrity and independence, journalistic excellence and freedom of expression and access.

Society of Professional Journalists ("SPJ") is dedicated to improving and protecting journalism. It is the nation's largest and most broad-based journalism organization, dedicated to encouraging the free practice ofjournalism and stimulating high standards of ethical behavior. Founded in 1909 as Sigma Delta

Chi, SPJ promotes the free flow of information vital to a well-informed citizenry, works to inspire and educate the next generation ofjournal ists and protects First

Amendment guarantees of freedom of speech and press.

23 APPENDIXB

Of counsel:

Bruce D. Brown, Esq. Judy Alexander Katie Townsend, Esq. Chief Legal Counsel Adam A. :tv1arshall, Esq. The Center for Investigative Selina McClaren, Esq. Reporting Reporters Committee for 2302 Bobcat Trail Freedom of the Press Soquel, CA 95073 1156 15th Street, Suite 1250 Washington, D.C. 20005 Matthew Leish Vice President & Assistant General Richard A. Bernstein Counsel Sabin, Bermant & Gould LLP Daily News, LP 4 Times Square, 23rd Floor 4 New York Plaza New York, NY 10036 New York, New York 10004 Counsel for Advance Publications, Inc. Lynn Oberlander General Counsel, Media Operations Karen Kaiser First Look Media Works, Inc. General Counsel 18th Floor The Associated Press 114 Fifth A venue 450 W. 33rd Street New York, NY 10011 New York, NY 10001 Heather Dietrick Allison Lucas President and General Counsel General Counsel and EVP Legal Courtenay O'Connor . Nabiha Syed Deputy General Counsel Assistant General Counsel Gawker Media BuzzFeed Inc. 114 Fifth Avenue 200 Fifth Avenue, 8th Floor New York, New York 10011 New York, 1\I"Y 10010

24 James Cregan Executive Vice President :MP A - The Association of Magazine Media 1211 Connecticut Ave. NW Suite 610 Washington, DC 20036

Mickey H. Osterreicher 1100 M&T Center, 3 Fountain Plaza, Buffalo, NY 14203 Counsel for National Press Photographers Association

Jonathan Hart Ashley Messenger Micah Ratner National Public Radio, Inc. 1111 North Capitol St. NE Washington, D.C. 20002

David McCraw V .P ./Assistant General Counsel The New York Times Company 620 Eighth Avenue New York, NY 10018

Bruce W. Sanford Mark I. Bailen James Romoser Baker & Hostetler LLP 1050 Connecticut Ave., NW Suite 1100 Washington, DC 20036 Counsel for Society ofProfessional Journalists

25 APPENDIXC

CORPORATE DISCLOSURE STATEMENTS OF AMICI

26 STATE OF NEW YORK COURT OF APPEALS

------)> In the Matter of the Application of MICHAEL GRABELL, New York County Cl~rk ' s Petitioner-Respondent, Index No. 100580i2013 - against- NEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant.

·------)( CORPORATE DISCLOSURE STATEMENT OF REPORTERS COMMITTEE OF FREEDOM OF PRESS

Pursuant to Section 500.1(£) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae Reporters Committee for the Freedom of

Press certifies that it is an unincorporated association of reporters and editors with no parent or subsidiary companies.

Dated: August 26, 2016 Respectfully S11bmitted,

~~John M. Bro ing, Esq. DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas 21st Floor New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord f or Amici Curiae

27 STATE OF ~YEW YORK COURT OF APPEALS

------)( In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580i2013 - against- NEW YORK CITY POLICE DEPARTMENT, Respondent- Appellant.

·------){ CORPORATE DISCLOSURE STATEMENT OF ADVANCE PUBLICATIONS, INC. Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae Advanced Publications, Inc. ("Advance") certifies that it has no parent corporation, no publicly held corporation owns any of its stock, and its subsidiaries and affiliates are listed on the annexed Exhibit A.

Dated: August 26, 2016 Respectfully Submitted,

lL-~John M. Browning, Esq. DAVIS WRIGHT TREMAINE LLP 1251 Avenue cfthe ft..mericas 21st Floor New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord for Amici Curiae

28 EXIDBITA Parent, Subsidiaries and Affiliates of Advance Publications, Inc.

AINP Holdings Sub LLC Advance/Newhouse Partnership A/l\TPC Holdings LLC Advance/Newhouse Programming AINPC Data Holdings Corp. Partnership 101 Odata Holdings Corp. American City Business Journals, Inc. AINPP Holdings LLC The Business Journals Division AINPP Holdings Sub LLC New Media Division ACBJ (UK) Limited Sporting News Division Advance Alabama Media LLC Street & Smith Sports Group Division Alabama Media Group AMPI Journal Properties LLC Advance Central Services API Network LLC Alabama Australian Pacific (00 1) Projects Pty. Advance BCI, Inc. Limited Advance Central Services Inc. Beijing Conde Nast Digital Co., Ltd. Advance Communication Company Beijing Condeworld Distribution Co., LLC Ltd. [PRC] Advance Digital Inc. Birmingham Business Journal, Inc. Advance Executive Payroll, LLC Biz Books LLC Advance Finance Group LLC Bizjournals.Com LLC Advance Local LLC Blogpayer, Inc. Advance Magazine Publishers Inc. Boston Business Journal, Inc. Conde Nast Division Business Journal Publications) Inc. Conde Nast Digital Division Business Journals of Ohio Inc. Golf Digest Division Business People Publications Limited Advance New Jersey LLC City Business Journals Network, Inc. Advance Programming Holdings, CityBusinessffwin Cities, Inc. LLC CityBusiness/USA LLC Advance Publications of Perry & CN Commerce Ltd. Juniata Counties, Inc. CNE Productions LLC Advance Publications Private Payroll CNI Ediciones Holdings Inc. LLC ComCorp, Inc. d/b/a Sun Media Advance.net LLC Conde N ast & National Magazine Advance/Newhouse Investment Distributors Limited Partnership Conde Nast (CNI) Limited 29 Conde Nast (India) Private Ltd. Executive Sports Limited Conde Nast Advertising (Shanghai) Fashion Networks International, LLC Co., Ltd. FTI Ventures LLC Conde Nast Americas Holdings, Inc. G.K.Conde Nast Japan Conde Nast Americas L.C. Glamour Magazines (Publishers) Conde Nast Asia/Pacific, Inc. Limited Conde Nast Brasil Holding Ltda. Grupo de Publicaciones Ideas de Conde Nast Cultural Enterprise Argentina, S.A. Consulting (Shanghai) Co., Ltd. Hemmings Motor News, Inc. [PRC] Interculture Communications, Inc. Conde Nast de Colombia, S.A. [Taiwan] Conde Nast de Mexico S.A. de C.V. Interculture Magazine Co., Ltd. Conde Nast Digital Germany GmbH Interculture Publicist Co. Ltd. Conde Nast Digital Limited lPG International LLC Conde Nast Entertainment LLC La Cucina Italiana S.r.l Conde Nast Holdings (HK) Ltd. Leaders in Performance Limited Conde N ast International Inc. Les Publications Conde Nast S.A. Conde N ast International Ltd. [France] Conde Nast Japan LLC Lower Broadway Productions LLC Conde Nast Johansens Limited Magazine Holdings Limited Conde Nast New Markets Magazine Special Projects LLC Europe/Africa, Inc. MassLive LLC Conde Nast Publications Limited MatchCraft LLC [Hong Kong] Media Consortium LLC Conde Nast Russia LLC Media Edition International SNC Conde Nast Taiwan Publications Media Group Services LLC Limited MGS Holdings LLC Conde Nast Treasury Services Ltd. Mid-South Communications, Inc. Conde Nast Verlag GmbH [Germany] Montrose GmbH Conde Nast ZAO Nashville Business Journal, Inc. Condenet Iberica, S. L. New Jersey Local News Service LLC Condenet.au Pty Limited New Jersey On-Line LLC CondeNet.tw Limited New Jersey Press Equipment LLC CV of Viera LLP Newark Morning Ledger Co. Easton Publishing Company a/k/a Newspaper Special Projects LLC LerJgh Valley Media Group Newsprint Purchasing, LLC Ediciones Conde Nast S.A. [Spain] NJ Advance Media LLC Ediciones Conelpa, S.L. NJN Publishing Company Edizioni Conde Nast GmbH Northeast Ohio Marketing Network Edizioni Conde Nast S.p.A. [Italy] LLC 30 Pacman Insurance Inc. The Huntsville Times Co. Inc. Parade Media Group LLC The Jersey Journal LLC Penn Jersey Advance Inc. The Mobile Press Register, Inc. Penn Jersey Advance Central Services The Mobile Press Register, LLC Perform Sporting News Ltd. The Muskegon Chronicle Publishing Pharos Publications Limited CompanyLLC PF Festivals LLC The Northeast Ohio Media Group Plain Dealer Publishing Co. LLC POP, Inc. The Oregonian Publishing Company Quadratum Publishing USA, Inc. LLC reddit, Inc. Advance Central Services Oregon Regie 56A SNC Oregonian Media Group Rhinebeck Properties LLC The Oregonian Publishing Properties Servicios Professionales y LLC Administrativos Editorales S.A. de The Patriot-News Co. C.V. Advance Central Services Shanghai Conde Nast Advertising Pennsylvania Co., Ltd. [PRC] PA Media Group South Jersey Newspapers Company The Patriot-News LLC a/kla South Jersey Media Group The Plain Dealer LLC Special Project Services, LLC The Post-Standard LLC St. Louis Business Journal Corp. The Republican Company Staten Island Live LLC The Star-Ledger LLC Streetwise Media, Inc. The Times of Trenton LLC Tatler Publishing Company Limited The Times of Trenton Publishing Televogue Limited Corporation The Birmingham News Company The Times-Picayune, L.L.C. The Birmingham News LLC NOLA Media Group The Conde Nast Publications Limited Advance Central Services Louisiana The Evening Journal Association Two Coasts Productions LLC The Grand Rapids Press Publishing Valley Publishing CompanyLLC Videovogue Limited The Herald Publishing Company, Vogue Design Limited LLC Vogue Model Agency Limited Advance Central Services Michigan Vogue Studio Limited Advance Central Services Syracuse Wine & Food Publications Ltd. MLive Media Group Woodthom Economic Consultants Syracuse Media Group LLC The Hillsboro Argus Inc. Ziplist, Inc.

31 STATE OF ~"'EW YORK COURT OF APPEALS

------}l In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580/2013 - against- NEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant.

·------)(

CORPORATE DISCLOSURE STATEMENT OF THE ASSOCIATED PRESS, INC.

Pursuant to Section 500.l(t) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae The Associated Press, Inc. certifies that it has no parent, subsidiary or affiliate companies.

Dated: August 26, 20 16 Respectfully Submitted,

1!:~ohn M. Browning , Esq. DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas 21st Floor New York, NY 10020 Tel.: (212) 489-8230 Fn: (212) 489-8340 Counsel ofRecord for Amici Curiae

32 STATE OF NEW YORK COURT OF APPEALS

------)( In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580/2013 · against- NEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant.

------)( CORPORATE DISCLOSURE STATEMENT OF BUZZFEED INC.

Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae Buzzfeed Inc. certifies that it is a privately owned company with no public companies that own 10% or more of its stock

Dated: August 26, 20 16 Respectfully Submitted,

John M. Browning, Esq. DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas 21st Floor New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRe cordfor Amici Curiae

33 STATE OF NEW YORK COURT OF APPEALS

------·-· ·--·--·--- -·-··------)l In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent ~ Index No. 100580/2013 - against- NEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant.

·-··-·------){ CORPORATE DISCLOSURE STATEMENT OF THE CENTER FOR INVESTIGATIVE REPORTING.

Pursuant to Section 500.1 (f) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae Center for Investigative Reporting certifies that it is a California non-profit public benefit corporation that is tax-exempt under section 50 1( c )(3) of the Internal Revenue Code. It has no parents, subsidiaries, or affiliates, and it has no statutory members and no stock.

Dated: August 26, 2016 Respectfully Submitted, r:~ Ohll M. Bro~g, Esq. DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas 21st Floor New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord for Amici Curiae

34 STATE OF NEW YORK COURT OF APPEALS

------"·------~ ------~ In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580/2013 - against- NEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant.

·------)( CORPORATE DISCLOSURE STATEMENT OF DAILY NEWS, LP

Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae Daily News, L.P. certifies that it is a limited partnership, the general partner of which is New DN Company, a privately- held corporation. Daily News, L.P. has no parent, subsidiary, or affiliate comparues.

Dated: August 26, 2016

John M. Brownmg,~ Esq. DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Fl. New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord for Amici Curiae

35 STATE OF NEW YORK COURT OF APPEALS

------)l In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580/2013 - against-

~nW YORK CITY POLICE DEPARTMENT, Respondent-Appellant ·------X CORPORATE DISCLOSURE STATEMENT OF FIRST LOOK MEDIA WORKS, INC.

Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae First Look Media Works, Inc. certifies that it is a non-profit corporation affiliated with First Look Productions, Inc. and First

Look Services, Inc. It does not have a parent or any subsidiary companies.

Dated: August 26, 2016 Respectfully Submitted,

DAVIS WRIGHT TREWlAINE LLP 1251 Avenue of the Americas, 21 st Fl. New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord for Amici Curiae

36 STATE OF ~TE\V YORK COURT OF APPEALS

------·------····------·----····------· )( In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580/2013 - against- NEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant. ···------···-----····-----····-----····----·-··------····---X CORPORATE DISCLOSURE STATEMENT OF GAWKER MEDIA LLC

Pursuant to Section 500.1 (f) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae Gawker Media LLC certifies that it is privately held and wholly owned by privately held Gawker Media Group, Inc. No publicly held corporation holds an interest of 10% or more in Gawker Media LLC.

Dated: August 26,2016 Respectfully S.ubmitted, lb~~ John M. Browmng, Esq. DAVIS WRIGHT TREW.LAINE LLP 1251 Avenue of the Americas, 21st Fl. New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord for Amici Curiae

37 STATE OF NEW YORK COURT OF APPEALS

------)l In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. lOosg0/2013 - against- NEW YORK CITY POLICE DEPARTMENT, . ·------~~~P.?.':l:~~~~:!\PJ?~!!~~------~ CORPORATE DISCLOSURE STATEMENT OF INVESTIGATIVE REPORTING WORKSHOP AT AMERICAN lJNIVERSITY

Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae Investigative Reporting Workshop at

American University certifies that is a privately funded, non-profit news organization affiliated with the American University School of Communication in

Washington. It issues no stock.

Dated: August 26, 2016 Respectfully Spbmitted, ~e..-.- John MBfOWUQlg, Esq. DAVIS WRJGHT TREMAINE LLP 1251 Avenue of the Americas 21st Floor New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofR ecord for Amici Curiae

38 STATE OF NEW YORK COURT OF APPEALS

------}l In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580/2013 - against- 1\TEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant.

·------){ CORPORATE DISCLOSURE STATEMENT OF MPA- THE ASSOCIATION OF MAGAZINE MEDIA

Pursuant to Section 500.1(£) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae MPA- The Association of Magazine

Media certifies that it has no parent companies, and no publicly held company owns more than 10% of its stock.

Dated: August 26, 2016 Respectfully Submitted,

ohn M. Brownmg, Esq. DAVIS WRIGHT TRE~1AINE LLP 1251 Avenue of the Americas, 21 st Fl. New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofR ecord for Amici Curiae

39 STATE OF NEW YORK COURT OF APPEALS

------~ In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580/2013 - against- NEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant.

·------){ CORPORATE DISCLOSURE STATE:MENT OF NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION

Pursuant to Section 500.1 (f) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae National Press Photographers Association certifies that it is a 50l(c)(6) nonprofit organization with no parent company.

Dated: August 26,2016

John M . Browmng, Esq. DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas 21st Floor New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord for Amici Curiae

40 STATE OF NEW YORK COURT OF APPEALS

------)l In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580/2013 -against- NEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant. ·------·---·------X CORPORATE DISCLOSURE STATEMENT OF NATIONAL PUBLIC RADIO, INC.

Pursuant to Section 500.l(f) of the Rules of Practice for this Court, the undersigned

counsel for Amicus Curiae National Public Radio, Inc. certifies that it is a privately

supported, not-for-profit membership organization that has no parent company and issues no stock. National Public Radio, Inc.'s subsidiaries are National Public

Media, LLC, a majority-owned subsidiary, and NPR Media Berlin gGmbH, a wholly-owned German subsidiary. The NPR Foundation is an affiliate of National

Public Radio, Inc. Public I\1edia Platform, Inc. and Broadcaster Traffic

Consor6um, LLC are companies in which National Public Radio, Inc. participates as a member.

Dated: August 26, 20 16 Respectfully SuSmitted,

41 John M. Browning, Esq. DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas 21st Floor New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord for Amici Curiae

42 STATE OF NEW YORK COURT OF APPEALS

------)t In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580/2013 - against- NEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant.

·------J{ CORPORATE DISCLOSURE STATEMENT OF THE NEW YORK TIMES COMPALW

Pursuant to Section 500.1(t) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae The New York Times Company certifies that it is a publicly traded company and has no affiliates or subsidiaries that are publicly owned. No publicly held company owns 10% or more of its stock.

Dated: August 26, 2016 Respectfully Su~mitted, l:~g,Esq. DAVIS "W1UGHT TREWIAINE LLP 125 i Avenue of the Americas 21st Floor New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord for Amici Curiae

43 STATE OF NEW YORK COURT OF APPEALS

------Jl In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580i2013 ~ against- NEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant.

·------){ CORPORATE DISCLOSURE STATEMENT OF ONLINE NEWS ASSOCIATION

Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae Online News Association certifies that it is

a non-profit corporation and has no parent companies, subsidiaries, or affiliates.

Dated: August 26, 2016 Respectfully ~ubmitted, t~g,Esq . DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas 21st Floor New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord for Amici Curiae

44 STATE OF NEW YORK COURT OF APPEALS

------)l In the Matter of the Application of MICHAEL GRABELL, New York County Clerk's Petitioner-Respondent, Index No. 100580i2013 - against- NEW YORK CITY POLICE DEPARTMENT, Respondent-Appellant.

·------){ CORPORATE DISCLOSURE STATEMENT OF SOCIETY OF PROFESSIONAL JOURNALISTS

Pursuant to Section 500.l(f) of the Rules of Practice for this Court, the undersigned counsel for Amicus Curiae Society of Professional Journalists certifies that it is a non-profit corporation and has no parent company or subsidiaries.

Dated: August 26, 2016 Respectfully Submitted, t:~ Olln ~g, Esq. DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas 21st Floor New York, NY 10020 Tel.: (212) 489-8230 Fax: (212) 489-8340 Counsel ofRecord for Amici Curiae