Request for email metadata (Office of the Governor - Hawaii)

Matt Chapman filed this request with the Office of the Governor - Hawaii of Hawaii.
Multi Request Request for email metadata
Est. Completion None
Status
Fix Required

Communications

From: Matt Chapman

To Whom It May Concern:

Pursuant to the Hawaii Uniform Information Practices Act, I hereby request the following records:

For all non-personal emails accounts in use by the governor and its staff, please provide me the following information for all emails sent and received between March 5 2018 and March 9, 2018.

1. From address
2. To address
3. bcc addresses
4. cc addresses
5. Time
6. Date

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 business days, as the statute requires.

Sincerely,

Matt Chapman

From: Matt Chapman

Is there any progress on this request?

Thanks

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

From: Office of the Governor - Hawaii

Dear Mr. Chapman:

Please see attached for the Office of the Governor's response to your government records request. Once we receive your check, we will send you a first increment within 5 business days.

Thank you.

Office of the Governor
State of Hawaii

From: Matt Chapman

I humbly beg your pardon, but could you please explain where these outrageous cost estimates come from? I see zero explanation, despite statutory requirements to do so. If your office is construing my request as one that requires the physical printing of every single email and to redact any irrelevant information by-hand, then please consider that there are other technological methods that will work much, much, much faster.

Based on the email headers in your response -- particularly "X-Ms-Office365-Filtering-Correlation-Id" -- you are using Office 365 as an email provider. Below are some steps that you can use to retrieve the metadata records.

0. Username must have access to search and export eDiscovery reports. If not, your IT department should have access to either grant the required permissions, or run through these steps themselves.
1. From Internet Explorer, log into https://protection.office.com/.
2. Navigate to "Search & Investigation" -> "eDiscovery" and create a new case.
3. Open the case, then create a new search through "Search" -> "New search"
4. Add a "Type" condition and select, "E-mail messages".
5. Under "Locations" -> "Specific locations" -> "Modify...".
6. Toggle the location that includes "Exchange email" and click "Save".
7. Click "Save & run" and give the search a name.
8. Navigate to "More" -> "Export results", then select the following options:
-Output options: "All items, excluding [...]"
-Export Exchange content as: "Individual messages"
9. Navigate to Export -> "[Name of export]_Export".
10. Click "Download results" and launch the "Unified Export Tool".
11. Paste the export page's "Export key" into the tool's key field.
12. Choose a save location and click "Start"
13. Open "results.csv" from the saved location.
14. Delete all columns that are not the requested metadata and save.

That all said, if your office is still not interested in finding alternative methods, then would smaller, but frequent payments be acceptable? 5k is a bit much for me right now, but I can certainly do it in batches if your office is willing. Please feel free to adjust the size of the records set with each release.

For whatever it's worth, Vermont's governor's office gave a similar fee estimate for the same request wording. When I provided them with these instructions, they were able to get me the records with ease. Though, before these instructions, their office printed all emails and used a group of unpaid interns with paper cutters to cut out the email bodies of each email. There was absolutely no need for that. If you're interested in reading those communications, please see: https://www.muckrock.com/foi/vermont-80/email-metadata-55744/. Strangely, the request even won an award by EFF: https://www.eff.org/deeplinks/2019/03/foilies-2019#vermont. Their cost estimate is only fifth of what yours is....

Kindest regards,
Matt Chapman

From: Office of the Governor - Hawaii

Dear Mr. Chapman:

The information in the format you requested is not considered readily retrievable. In any case, please note that as stated in the Notice to Requester sent to you on July 19, most email addresses are confidential and will not be provided. We can provide the dates and times of all emails sent and received during the requested period.

To arrive at the estimate, a sample was taken of emails for one staff member during this period which came to about 500 pages. This number was multiplied by 43 staff members in the Governor's office for a total estimate of 21,500 pages of emails. The estimate to review and segregate 5 days of each staff member's emails x 1 minute per page = 500 minutes = 8.33 hours/person, for a total estimate of 358 hours.

Our practice is to require 50% payment of the estimated fees and costs prior to conducting the search, review, and segregation process.

Thank you.

Office of the Governor
State of Hawai'i

From: Matt Chapman

As described in 92F-2:
"In a democracy, the people are vested with the ultimate decision-making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest. Therefore, the legislature declares that it is the policy of this State that the formation and conduct of public policy – the discussions, deliberations, decisions, and action of governmental agencies – shall be conducted as openly as possible."

Your outrageous and uncharitable fees are preventing access to information about the discussions of governmental agencies. Your fee estimate builds a massive wall that prevents access to information in a way that breaks the spirit of the law. Could you please explain to me how the steps I provided wouldn't make the set of records readily retrievable? The systems used in my provided steps were explicitly designed by Microsoft for general eDiscovery, litigation, and FOIA. That seems to be definitionally "retrievable". I'm willing to admit that I might be missing something, but clarification from your department is needed in order to make that determination.

If I provided you with a list of email addresses that the state of Hawaii makes available on its (and its cities') websites, would that make the review process simpler? The implication with this question being that the email addresses have already been reviewed for public release, or else they wouldn't have been made public. I am very willing to write and sign an affidavit that declares that the information comes only from Hawaiian websites managed by Hawaiian governmental bodies if needed. To simplify this process even further, I can provide your office with an excel spreadsheet that automatically redacts a large list of email addresses based on another set of email addresses - this should *dramatically* reduce the time required for review, redaction.

That all said, this information will be used to build a greater understanding of communication across the United States and will be combined with other email metadata datasets, including the email metadata from the White House OMB. Because of the importance of this information for building public's understanding of your government's discussions, please waive all fees to the extent that the statute allows.

Matt

From: Office of the Governor - Hawaii

Dear Mr. Chapman:

We received your email dated August 8, 2019, but the information and estimated charges contained in the Notice dated July 19, 2019 remain in effect.

Thank you.

Office of the Governor
State of Hawai‘i

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