|Submitted||Feb. 10, 2018|
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To Whom It May Concern:
Pursuant to North Dakota Constitution, Article XI, Section 6, and the North Dakota Open Records Statute, N.D.C.C. § 44-04-18(1), 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 would request your response within ten (10) business days.
I have reviewed your open records request and given the volume of information you have requested we will require a $5,000 deposit in advance. Any portion of the deposit not used in locating or redacting the information you requested will be refunded. Much of the time processing this request will involving locating the relative materials and redacting any information protected under N.D.C.C. or USC 28 CFR 23.
I already provided you with our Social Media policy, City of Fargo Communications policy, Department Use of Social Media policy, and Employee Speech, Expression, and Social Networking policy in an email sent to you on January 24th, 2018. We do not have a policy related to social media surveillance.
I’m also asking you to clarify a portion of your request (see highlighted portion in your original open records request below). If you wish to proceed, please contact Sgt. Kevin Volrath, at (701) 241-1416, who will explain our deposit process. If we do not hear from you by 4 PM (CST) on Wednesday, February 21st we will consider this request as closed.
Deputy Chief Joe Anderson
Administrative Services Division
Fargo Police Department
222 4th St. N.
Fargo, ND 58102
Ph: (701) 476-4174
FBI NA 250th Session