Metropolitan Police Service (MPS)

Dear Ms Sandvik,

Freedom of Information Request Reference No: 2012060001582

I respond in connection with your request for information which was

received by the Metropolitan Police Service (MPS) on 13/06/2012. I note

you seek access to the following information:

I hereby request all guidelines, presentations, policy statements, legal

opinions, memoranda, briefs, training manuals, emails, records and any

other documents including communications and procurements relating to

"Bitcoin" and "Silk Road", created and/or modified between June 2011 and

June 2012.

Silk Road is an anonymous market place for items such as drugs, drug

paraphernalia, forged documents, digital goods, and computer equipment.

Bitcoin, a decentralized virtual currency, is used as the transaction

mechanism for all purchases.

The market place can be found on http://silkroadvb5piz3r.onion/

(previous location was http://ianxz6zefk72ulzz.onion/), a site that can

only be accessed by using Tor from https://www.torproject.org/.

Gawker wrote about Silk Road and Bitcoin in June 2011:

http://gawker.com/5805928/the-undergroun...

In accordance with the Freedom of Information Act 2000 (the Act), this

email acts as a Refusal Notice.

The MPS can neither confirm nor deny that it holds the information you

requested as the duty in Section 1(1)(a) of the Act does not apply, by

virtue of the following exemptions:

Section 23(5) Information supplied by, or relating to, bodies dealing with

security matters

Section 30(3) Investigations and proceedings conducted by public

authorities

Section 31(3) Law Enforcement

Please see the legal annex for the sections of the Act referred to in this

email.

Should it be held, constituents of this information would attract

Section's 30 and other constituents would attract Section 31 and other

constituents would attract Section 23 of the Act.

It should not be surmised that should the information be held by the MPS

we would be applying Sections 30, 31 & 23 to the same pieces of

information.

REASONS FOR DECISION

Section 23 is an absolute exemption and as such we are not required by law

to carry out a public interest test in relation to its use.

Sections 30(3), and 31(3) are qualified exemptions and we are required to

carry out a public interest balancing test before they can be relied upon.

In respect of both qualified exemptions we have determined that in all the

circumstances of the case, the public interest in maintaining the

exclusion of the duty to confirm or deny outweighs the public interest in

confirming or denying whether we hold the information.

Disclosures under the Act are disclosures to the world, not just to the

individual making the request. To confirm or deny that any investigation

relating to this request was ongoing, even if that information was

exempted, or to confirm or deny no information is held, would provide

intelligence to criminals about the status of MPS investigations. This

would either encourage them to commit more offences, if they believed

their crimes were unknown, or take steps to evade detection by destroying

evidence or discontinuing current activities, until any current

investigation had been concluded.

This could have an impact on any on-going investigations and any future

investigations as it would enable targeted individuals/groups to become

surveillance aware. This would help subjects avoid detection, and inhibit

the prevention and detection of crime.

Factors favouring confirmation or denial for Section 30

Information, if it were held, would be gathered for the purposes of an

investigation.

There is a public interest in the transparency of policing operations and

providing assurance that the MPS is appropriately and effectively dealing

with crime.

The public have a right to expect transparency and accountability in

relation to the use of Public Funds.

By confirming or denying the information you requested the public will be

informed of investigations that public funds are spent on.

Factors against confirmation or denial for Section 30

Confirming or denying the information you requested would hinder the

investigative process. If this information were held, it would be held

solely for the purpose of investigating a crime.

It is not in the public interest to disrupt any investigative process by

confirming or denying the information you requested.

The MPS is charged with enforcing the law, preventing and detecting crime

and protecting the communities we serve.

The MPS will not divulge whether information is or is not held if to do so

would adversely affect these important roles.

Whilst there is a public interest in the transparency of policing

operations and providing assurance that the MPS is appropriately and

effectively dealing with crime there is a strong public interest in

safeguarding the integrity of police investigations and operations and in

maintaining confidence in the MPS.

Factors favouring confirmation or denial for Section 31



By confirming or denying whether information is held would enable the

public to have a better understanding of the type of tactics employed by

the MPS in carrying out their law enforcement role.

Better public awareness may reduce crime or lead to more information from

the public as they would be more observant in reporting suspicious

activity.

Factors against confirmation or denial for Section 31

Confirming or denying whether information is held would compromise law

enforcement tactics and would subsequently hinder the prevention and

detection of crime.

This would result in further risks to the public and consequently require

the use of more MPS resources.

Balancing Test

Irrespective of whether information is or isn't held, public safety and

the ability to deliver effective law enforcement is of paramount

importance to the MPS.

Confirmation or denial of whether information is or is not held would

undoubtedly compromise both law enforcement and any ongoing

investigations.

Therefore, at this moment in time, it is our opinion that for these issues

the balancing test for confirming whether or not any information relating

to the number of allegations is not made out.

No inference can be taken from this refusal that any information, does or

does not exist.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of

complaint.

Should you have any further enquiries concerning this matter, please email

or contact me on telephone number 020 7230 2372 quoting the reference

number above.

Yours sincerely

James Young

SC&O Information Manager

Legal Annex

Section 1(1)(a) of the Act provides:

(1)Any person making a request for information to a public authority is

entitled-

(a)to be informed in writing by the public authority whether it holds

information of the description specified in the request, and

Section 17(1) of the Act provides:

(1)A public authority which, in relation to any request for information,

is to any extent relying on a claim that any provision of Part II relating

to the duty to confirm or deny is relevant to the request or on a claim

that information is exempt information must, within the time for complying

with section 1(1), give the applicant a notice which-

(a)states that fact,

(b)specifies the exemption in question, and

(c)states (if that would not otherwise be apparent) why the exemption

applies.

Section 23(5) of the Act provides:

(5) The duty to confirm or deny does not arise if, or to the extent that,

compliance with section 1(1)(a) would involve the disclosure of any

information (whether or not already recorded) which was directly or

indirectly supplied to the public authority by, or relates to, any of the

bodies specified in subsection (3).

Section 30(3) of the Act provides:

(3)The duty to confirm or deny does not arise in relation to information

which is (or if it were held by the public authority would be) exempt

information by virtue of subsection (1) or (2).

Section 31(3) of the Act provides:

(3) The duty to confirm or deny does not arise if, or to the extent that,

compliance with section 1(1)(a) would, or would be likely to, prejudice

any of the matters mentioned in subsection (1).



COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the

decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to

review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to

discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to

telephone the case officer that is nominated at the end of your decision

letter.

That person will be able to discuss the decision, explain any issues and

assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of

the MPS made under the Freedom of Information Act 2000 (the Act) regarding

access to information you can lodge a complaint with the MPS to have the

decision reviewed.

Complaints should be made in writing, within forty (40) working days from

the date of the refusal notice, and addressed to:

FOI Complaint

Public Access Office

PO Box 57192

London

SW6 1SF

[email address]

In all possible circumstances the MPS will aim to respond to your

complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with

the decision you may make application to the Information Commissioner for

a decision on whether the request for information has been dealt with in

accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner

please visit their website at www.informationcommissioner.gov.uk.

Alternatively, phone or write to:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Phone: 01625 545 700

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