Kentucky Secretary of State Social Media Settings

Adam Steinbaugh filed this request with the Secretary of State of Kentucky of Kentucky.
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Communications

From: Adam Steinbaugh

To Whom It May Concern:

Pursuant to the {law name}, I hereby request the following records:

With respect to any Twitter, Facebook, or Instagram account maintained by your agency:

1. A copy of the list of people, accounts, or pages banned by that account. This list is accessible by logging into the account as an administrator and:
(a) On Facebook, clicking "Settings" t the top of the official page, (C) clicking “People and Other Pages” in the left column, and (D) selecting “Banned People and Pages” from the drop-down menu. The final URL should look like: https://www.facebook.com/.../settings/?tab=people_and_other_pages.
(b) On Twitter, navigating to this URL while logged into the account: https://twitter.com/settings/blocked.
(c) On Instagram, follow these instructions: https://help.instagram.com/461525818338125/?helpref=uf_share.

2. A copy of the settings for the Facebook page. This list is accessible by (A) logging into the Facebook page as an administrator, and then (B) clicking “Settings” at the top of the official page. The URL should look like: https://www.facebook.com/.../settings/?tab=settings.

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 3 business days, as the statute requires.

Sincerely,

Adam Steinbaugh

From: Secretary of State of Kentucky

A no responsive documents response.

From: Secretary of State of Kentucky

Please find attached our Office's response to your open records request.

Jenni Scutchfield
Assistant Secretary of State
General Counsel
Kentucky Secretary of State - Michael G. Adams
700 Capital Avenue, Suite 152
Frankfort, KY
(502) 782-7417

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From: Adam Steinbaugh

Ms. Scutchfield --

To clarify, is the assertion that there are no responsive records based on (1) their electronic format; or (2) their possession by Facebook, Twitter, or Instagram?

With respect to the former, Kentucky's public records laws broadly grant access to information "regardless of physical form or characteristics," including electronic information. With respect to the latter, the law provides access to information "prepared, owned, used, in the possession of or retained by" the agency. The settings for the various accounts operated by the Secretary of State (see, for example, https://www.facebook.com/KySecofState, https://twitter.com/KYSecState) were set (that is, prepared) by the Secretary of State. These records may be accessed at any given time by the agency (that is, they are currently being "used" and are in the "possession" of the agency), as evidenced by the frequent and regular posts on those accounts. Indeed, even as I write this, the Secretary of State is currently tweeting: https://twitter.com/KYSecState/status/1500857516091187203.

Given the foregoing, I respectfully request that you reconsider the denial of access.

Best,

Adam Steinbaugh

From: Secretary of State of Kentucky

Jenni Scutchfield
Assistant Secretary of State
General Counsel
Kentucky Secretary of State – Michael G. Adams
700 Capital Avenue, Suite 152
Frankfort, KY
(502) 782-7417

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