|Feb. 6, 2018
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To Whom It May Concern:
Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:
• All records regarding the purchase of, acquisition of, installation of, subscription to, payment for, or agreements concerning software designed to access information from social media services
• Any and all contracts (as well as all associated amendments, exhibits, and materials), memorandums of understanding, and other equivalent agreements entered into by this agency with any software or equipment company providing services related to social media surveillance, including but not limited to:
• Intrado Inc.
• Magnet Forensics
• Media Sonar
• Signal Corporation
Responsive materials should include but not be limited to:
• the initial Invitation to Bid, Request for Proposal, or equivalent call for contractors
• the responsive materials provided by the winning bidder
• other bidder responses
• the current contract
• all exhibits
• all amendments
• all performance work statements
• all deliverables inventories
• all invoices related to the deliverance of software, services, or goods
Please also include:
• All records that contain any information about the functioning of software designed to access information from social media services that is used or has been used by this agency;
• All records regarding correspondence about or with a company that offers software designed to access information from social media services, including but not limited to all correspondence about or with the companies Brightplanet, Geofeedia, Intrado Inc, LifeRaft, Magnet Forensics, Media Sonar, Signal Corporation, and ZeroFOX;
• All policies related to the acquisition and use of social media by individual officers and representatives of this agency, including all records regarding the policies that govern access to or use of software designed to access information from social media services;
• All training materials and all records used to instruct members of your agency in the proper use of software designed to access information from social media services or of the information such software is capable of accessing;
• All records regarding the sharing with entities outside this agency of information obtained from or obtained by using software designed to access information from social media services;
• All policies related to the acquisition and use of social media surveillance software by individual officers and representatives of this agency;
• All records referencing social media profiles, comments, posts, messages, or events accessed or retained from social media services through use of software designed o access information from social media services.
• All materials related to the use of any other social media platform, including but not limited to Facebook, Instagram, Twitter, Nextdoor, etc.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Dear Ms. Lipton,
Pursuant to California Government Code Section 6253(c), we write in response to the inquiry that you made to the Alameda County Sheriff's Office under the California Public Records Act, which we received on, February 6, 2018. We note that the Requests are limited only to records in our custody and control.
Please note that we will not produce documents that are privileged or otherwise exempt from disclosure pursuant to California Government Code Section 6254(k). This includes documents protected by the attorney-client privilege, attorney work product, and official information privileges.
No preliminary drafts or memorandum not normally kept in the ordinary course of business will be produced pursuant to California Government Code Section 6254(a).
We will not produce documents that are subject to copyright protections, contain trade secrets, and/or proprietary and/or confidential information. See California Government Code Sections 6253.9, 6254(k), 6254.9; California Evidence Code section 1060.
We will not produce documents exempt from disclosure under the deliberative process privilege. See Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325.
No documents will be produced where "the public interest served by not disclosing the record clearly outweighs the public interest by the disclosure of the record" under California Government Code Section 6255. Additionally, no documents will be produced if they contain personnel, medical, private, confidential, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy under California Government Code Section 6254(c). And, to the extent any of the records you are requesting are the subject of ongoing litigation and/or pending investigations, and/or are law enforcement investigatory records, such records are exempt from production. See Government Code Sections 6254 (b), (f).
In addition, no documents or records will be produced to the extent such a production would violate California Penal Code §§ 832.7, 832.8, 11076, 13072, or Evidence Code § 1043.
Upon review of your Requests, the Alameda County Sheriff's Office has determined that it does have on responsive document referencing our Policy on the use of social media. We are not in use of social media surveillance software.
Alameda County Sheriff's Office - Internal Affairs
Cynthia Wilson - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017