District blocked domains

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If this is a new Public Records Request, please submit the request via:

CCSD JustFOIA website

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Cindy Smith-Johnson
Document Control Specialist
Administrative Center
Clark County School District
5100 West Sahara Avenue
Las Vegas, NV 89146
*PublicRecordRequest@nv.ccsd.net <PublicRecordRequest@nv.ccsd.net>*
smithc3@nv.ccsd.net

Dear Requestor,

Thank you for submitting a request for records on Tuesday, August 8, 2023 at 3:05 AM (Pacific Standard Time).

Your request reference number is Request Number: PRR-2023-100 and your security key is 763649.

Please have both reference numbers available when communicating with our staff regarding your request.

Records Requested:
Field NameResponse
NameTodd Feathers
Phone617-299-1832
requests@muckrock.com
AddressMuckRock News, DEPT MR150492
CityBoston
StateMassachusetts
Zip02115
DescriptionTo Whom It May Concern: Pursuant to the Nevada Public Records Act, I hereby request the following records: 1) An activity log showing all web domains blocked by the district's web filter (such as Securly, GoGuardian, Lightspeed Systems, Gaggle, or other CIPA-compliant filters) from Jan. 1, 2022 until the date this request is processed. The log should be provided as a .csv or .xlsx file and should include all data fields available from the district's web filter provider (e.g. the domain, the school, the reason blocked, the date) with the exception of personally identifiable fields (e.g., name, email, IP address). To assist with your search, I've included instructions for downloading blocked domain activity logs from several popular web filter providers: Instructions for obtaining Securly blocked activity logs: http://url4102.request.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15msOsALDVnYvgQJlR7Co1hFPYkDwg6HV5titjR40N8wqSgRdH0MNGicInMPUR-2FuMqwj-2B6S3OYoPzlEKoF-2Bna-2F3mmLUQhfxM9mnElYwEciwvndBU8A1NIZqdqFIq70p71AJl3Xf76pelSNdmGOE3s7KU-3DwMfU_Z-2FfpaLAmrfYvCyNX1QLUnkifFXwYc4uhiRZASCzsXK8zL1-2BoG4qhswIDIUP8MOpyGInfAiEoNhifuydooLH2O4KyJyglKdSZFBdztk57ki5lcEd7vyjy7mqN9C4UpxVqvEfkFpgRS-2BmqDLsJzxfFu8akHoagaUGEX3djQ2iNcfcEPDsOZR7evmvwVN7xkSv-2Bx1BPgrNWndcqb-2F9yEQ4QJ58qKyBl-2B4jCtXeyw45zl6Zbx6uW-2Fd0zbXI7axNkjUv-2FSJGmkU5lfaZHgWlGDTI-2BlBw4uRx4npI9e3ao0nQCRjN-2Fac3Uiq9mU-2B164zsyJ9QbsNxORxTgXGlITYEIkUw-2B8g-3D-3D Instructions for obtaining GoGuardian blocked activity logs: http://url4102.request.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15kkb4-2BmpRSJe26GP-2B-2Fjwmu9MKys-2FScnSyBwYYNvB5LXitliwn4wNYVleqljQG-2BHD9xt12cXH-2FBVyqo8HpzOToSH39gsy96Ksm3P57R4lfo8N9Uwy_Z-2FfpaLAmrfYvCyNX1QLUnkifFXwYc4uhiRZASCzsXK8zL1-2BoG4qhswIDIUP8MOpyGInfAiEoNhifuydooLH2O4KyJyglKdSZFBdztk57ki5lcEd7vyjy7mqN9C4UpxVqvEfkFpgRS-2BmqDLsJzxfFu4fiHVf57boTWfYmwZROgj4-2Fdjowwwu5dMpGQY6NE-2Fh-2Blyv2SvReoXZx8MrqIP51ZbasuxUSx1F7tr-2FvjRBoT5T-2FDlXT7YcyEgF7EArJcVKGV1RI0z9fwG7-2FOkAxTftZE-2BvhPiupcC7VmPEQmnRZISSLav81xn1vgKkPoFEr5coR8-2FYYGIOa58ZFO4Ys-2BmGo5w-3D-3D Instructions for obtaining Lightspeed Systems blocked activity logs: http://url4102.request.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15jENHTsbMzu59c9U81XdMkcuiFK1eDnJJT5n-2ByrxpCYeyzBf2l6yOOQugC8erufzbveu0Ew-2FROENlJtLR4A1Rmidr8RYg3ZGn1lUfdu7P3PwNSNr_Z-2FfpaLAmrfYvCyNX1QLUnkifFXwYc4uhiRZASCzsXK8zL1-2BoG4qhswIDIUP8MOpyGInfAiEoNhifuydooLH2O4KyJyglKdSZFBdztk57ki5lcEd7vyjy7mqN9C4UpxVqvEfkFpgRS-2BmqDLsJzxfFu0RtgwH5fiq4XCEfIIn82FnQu6SXymtwnt7tr6wujds1c91r8w51TXWY6zIGa3hVpYMudF3gyXPvMpxJoWKtUFMT4S5ZxHodrQyAOc-2BJWRhlOSeEdi5n1X97vjHg11la90rpt-2FotdEWvfG2garlFTzuXyYyTX-2B0y7kXsYKffYgpEYihNcnB7byeALxlSRk2efQ-3D-3D 2) An activity log showing all search terms blocked and/or flagged by the district's web filter from Jan. 1, 2022 until the date this request is processed. The log should be provided as a .csv or .xlsx file and should include all data fields available from the district's web filter provider (e.g. the flagged term, the school, the reason flagged, the date) with the exception of personally identifiable fields (e.g., name or IP address). I ask that all fees be waived as I am a journalist and intend to use the requested records to publish articles in the public interest about the operations of a government agency. In the event you choose to impose fees, I request a detailed breakdown of the fees, including the hourly wage of each employee involved and an explanation of the employee hours required to fulfill the request. Should you choose to reject this request or redact portions of responsive documents, I ask that you provide a detailed breakdown of the statutory exemptions and associated case law underlying your decision to withhold each/any portions from public review. 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 5 business days, as the statute requires. Sincerely, Todd Feathers Upload documents directly: http://url4102.request.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15shv484ucFFIazOudcBo6e6r3qGT-2BbxCMYJ-2FrnPJT37aRLJyGZxgjxTWzeo5NOMBW1Kh7-2F0lVLEBoE0q9toAN-2F1JX-2FDizz7QU2mJbrnf15fdU9rXkaFmAJo070A4n6zUkxLyF-2F5-2BxL3UFD-2FxRPx0Jo9AS29EQ1IB8HRXEjvF3Wajbr74s6HD-2BhfXBMsU-2FrXTtylrLufLf1kn7a7aGAoyFOGiaglWMkGmLLz5lQ8hAo-2B8A3rBfmamb7iE9v-2B5gwYPy8XpY4UkbYNfDppYeeHttQRx4CgbRao1cJ4fNUASV2hH2eKTu02QsggcJ5EqahRDBr4kLpTpjqHDOiY8X8Awp-2FClaQ7t7kJXsqRZ6qv2H8v-2BpsXUyYj5PO2Bn19w2Otz03hAbu6AukAbHEN-2FsOMiriXtM7kV1-2BghoddBNR34KcbZgDtsegGkgSwKPaG8YnCncnuW5qby5UnrNLPTDQt4YmSnyc-2BAeDpKt-2B9eKTmXJqUAHuDW_Z-2FfpaLAmrfYvCyNX1QLUnkifFXwYc4uhiRZASCzsXK8zL1-2BoG4qhswIDIUP8MOpyGInfAiEoNhifuydooLH2O4KyJyglKdSZFBdztk57ki5lcEd7vyjy7mqN9C4UpxVqvEfkFpgRS-2BmqDLsJzxfFuxozSkMHnxlXpEMkXzH4xySZInCIu9lBmAAOMHZbVK2nljs-2B4SaZtozMRX2f060pHneR0AqXwY5V62PWmv9Iw8D3mtsnF54LXNc5MZ-2B2rxj4ty7YOuhVy1HA0kpJxlnZwwLMMlyhNZK8iaHc3YOovGU42M4Z40Tm7rF9Sxu4UKr9qDD-2Fa42P9TLXyb-2BMEr8PfQ-3D-3D
DeliveryMethodElectronic

Thank you,
Clark County School District
5100 West Sahara Avenue
Las Vegas, NV 89146


________________________________________________________________________________________________________
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Mr. Feathers,

Regarding the below public record request. Pursuant to NRS 239.0107(1)(c)(1), I am unable to provide the information to you within 5 business days. I have reached out to the responsible department(s) and am awaiting their reply. I anticipate a further response by the close of business day on September 5 , 2023, if not before.

Thank you,

Mr. Feathers,

You have requested the following records under the Nevada Public Records Act (NPRA): “An activity log showing all web domains blocked by the district's web filter (such as Securly, GoGuardian, Lightspeed Systems, Gaggle, or other CIPA-compliant filters) from Jan. 1, 2022 until the date this request is processed.” and “An activity log showing all search terms blocked and/or flagged by the district's web filter from Jan. 1, 2022 until the date this request is processed.”



No Currently Existing Public Record.

There is no currently existing public record that is responsive to your request. Only records that already exist are considered public records. CCSD is not obligated to create a record, conduct research, analyze data, or answer written questions in response to a request for a copy of a public record. NRS 239.010 (NPRA applies to “public books and public records”); NRS 239.0107 (NPRA applies to a “public book or record”); NAC 239.867 (if a record “does not exist,” an agency “is not required to create a public record to satisfy the request”); Public Employees’ Retirement System of Nevada v. Reno Newspapers Inc., 129 Nev. 833, 313 P.3d 221 (2013); Las Vegas Metropolitan Police Department v. Blackjack Bonding, Inc., 131 Nev. 80, 343 P.3d 608 (2015); Public Employees’ Retirement System of Nevada v. Nevada Policy Research Institute, 134 Nev. 669, 429 P.3d 280 (2018).

In this case, with regard to GoGuardian, CCSD is not able to provide the activity logs. It is our understanding that GoGuardian does not retain activity logs for more than 6 months. It is also our understanding that there are restrictions on how GoGuardian runs activity log reports in that the report can only cover a maximum of 30 days and contain a maximum of 15,000 records per report. CCSD is the fifth largest school district in the country (with about 300,000 students and about 40,000 employees), and for even one day there are millions of activities logged. The issue is compounded by the fact that GoGuardian exports “all” of the blocked and viewed activities, and does not just export the blocked sites.



Overbroad and Unduly Burdensome.

Your request is overbroad and unduly burdensome. The records you seek are not readily available and would be unduly burdensome to gather, compile, redact, and produce.



A public entity need not produce records that are not readily available and would require research, compilation, and redaction to produce. See NRS 239.010 (NPRA applies to “public books and public records”); NRS 239.0107 (NPRA applies to a “public book or record”); NAC 239.867 (agency is not required to create a public record that does not exist); Public Employees’ Retirement System of Nevada v. Nevada Policy Research Institute, 134 Nev. 669 (2018) (recognizing that an agency is not required to compile a document or report about information contained in a database ); Las Vegas Metropolitan Police Department v. Blackjack Bonding, Inc., 131 Nev. 80 (2015) (same); Lunney v. State, 418 P.3d 943, 954 (Ariz. Ct. App. 2017) (recognizing that the agency was not required to respond to the burdensome request); Shehadeh v. Madigan, 996 N.E.2d 1243, 1249 (Ill. App. Ct. 2013) (holding that the Attorney General satisfied its burden by explaining that its staff members would have to go through all of the 9,200 potentially responsive documents by hand); Beckett v. Serpas, 112 So.3d 348, 353 (La. App. Ct. 2013) (determining that segregating 10-years worth of files is unreasonably burdensome); Community Youth Athletic Ctr. v. City of Nat’l City, 220 Cal.App.4th 1385, 1425 (2013) (generally, an agency is not required to undertake extraordinarily extensive or intrusive searches, and in general, the scope of an agency’s search for public records need only be reasonably calculated to locate responsive documents).



To determine if producing documents “poses an unreasonable administrative burden,” courts consider whether the general presumption in favor of disclosure is overcome by: “(1) the resources and time it will take to locate, compile, and redact the requested materials; (2) the volume of materials requested; and, (3) the extent to which compliance with the request will disrupt the agency's ability to perform its core functions.” Lunney, 418 P.3d at 954; NAC 239.860 (defining “readily available” as records that are “easily retrievable,” “not confidential,” and having a “nature...such that an officer, employee or agent of the agency…is not required to review the record to determine whether the record includes confidential information”).

In this case, the volume of activities in CCSD renders the request overbroad and unduly burdensome. CCSD is the fifth largest school district in the country (with about 300,000 students and about 40,000 employees). With regard to GoGuardian, for even one day in CCSD there are millions of activities logged. The issue is compounded by the fact that GoGuardian exports “all” of the blocked and viewed activities, and does not just export the blocked sites. The same issue of an extreme volume of activities occurs with CCSD’s own web filter.



Confidential and Privileged Information.



Even if records were readily available, confidential and privileged information is not required to be produced under the public records law. NRS 239.010(1) (documents are not required to be produced if they fall within the enumerated exceptions or are “otherwise declared by law to be confidential”); NRS 239.010(3) (confidential and privileged information may be redacted). CCSD reserves the right to assert any and all additional arguments and defenses, including, but not limited to, the following:



The documents or portions thereof contain sensitive and confidential information pertaining to the prevention of and response to acts of terrorism, crisis and emergency plans, and emergency management. See NRS Chapter 239C (related to preventing or responding to acts of terrorism and emergency response plans); NRS Chapter 414 (related to emergency management); NRS 480.530 et. seq. (criminal intelligence information and other information regarding actual or potential threats to public safety is confidential); NRS 388.243 (related to emergency operations plans); NRS 388.259 (same). In this case, release of the activity logs may reveal sensitive safety and cybersecurity information related to CCSD. It may compromise and jeopardize law enforcement intelligence and investigative efforts. Confidentiality of this information is also critical to providing for the health and safety of CCSD students, staff, and the community.
Any record of a state or local government “which identifies the detection of, the investigation of or a response to a suspected or confirmed threat to or attack on the security of an information system is not a public record.” NRS 480.940(1); NRS 239.010(1) (NRS 480.940 related to a cybersecurity incident is an enumerated exception to the NPRA). Information related to a cybersecurity incident may only be released to enumerated individuals including the appropriate law enforcement or prosecuting authorities “for the purposes of preparing for and mitigating risks to, and otherwise protecting, the security of information systems or as part of a criminal investigation.” NRS 480.940(1). A cybersecurity incident response plan is also confidential. NRS 480.935(4); NRS 239.010(1) (NRS 480.935 is an enumerated exception to the NPRA). See also NRS 480.900(1) (protecting the security of information systems has been declared by the Nevada Legislature to be “essential to protecting the health, safety and welfare” of the state); NRS 236.090 (Nevada Legislature recognized the danger that cybersecurity threats pose to the economy and public infrastructure of the state).
Documents or information therein may be confidential under the common law balancing test. Donrey of Nevada v. Bradshaw, 106 Nev. 630 (1990) (a balancing of the interests weighs in favor of confidentiality and non-disclosure of certain information within the documents which could compromise CCSD’s computer systems and data security); Reno Newspapers, Inc. v. Gibbons, 127 Nev. 873 (2011) (same); Shapiro v. Department of Justice, 393 F.Supp.3d 111 (D.D.C. 2019) (under analogous FOIA authority, redaction or withholding of information is permissible under FOIA when release of the information would pose a risk of cyber-attack). In this case, release of the activity logs may reveal sensitive safety and cybersecurity information related to CCSD. It may compromise and jeopardize law enforcement intelligence and investigative efforts. Confidentiality of this information is also critical to providing for the health and safety of CCSD students, staff, and the community.
Personally identifiable student information is confidential under the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA). 20 U.S.C. 1232g; 34 C.F.R. Part 99; NRS 392.029; NRS 385A.830; 20 U.S.C. 1400 et seq. In this case, the activity logs will contain personally identifiable student and employee information.
Personal information is not a public record. NRS 239.010; NRS 239.0105; NRS 388G.525 (personal information, including, without limitation, the home address, employment records, academic records and disciplinary records of a pupil or any other person is confidential); NRS 239B.030(2); NRS 239B.040(1); NRS 603.070; NRS 603A.040; NRS 603A.210; Donrey of Nevada, Inc. v. Bradshaw, 106 Nev. 630 (1990); Reno Newspapers, Inc. v. Gibbons, 127 Nev. 873 (2011). In this case, the activity logs will contain personally identifiable student and employee information.
There are nontrivial personal privacy interests at stake that need to be protected, and in the balancing of the interests these privacy interests prevail over the public’s right to information. These nontrivial personal privacy interests may warrant the redaction or withholding of certain documents. Clark County School District v. Las Vegas Review-Journal, 134 Nev. 700 (2018); Las Vegas Metropolitan Police Department v. Las Vegas Review-Journal, 478 P.3d 383 (2020); Cameranesi v. U.S. Dep’t of Defense, 856 F.3d 626 (9th Cir. 2017). In this case, the activity logs will contain personally identifiable student and employee information. Among other things, disclosure of the information will: result in a clearly unwarranted invasion of personal privacy of the individuals; result in embarrassment, shame, stigma, or harassment of the individuals; and reveal personally identifying information.
Confidential employment information is not required to be produced under the public records law. NRS 239.010(1); NRS 388G.525; 5 U.S.C. 552(b)(6); NAC 284.718; NAC 284.726; NRS 386.350; CCSD Regulation 1212; CCSD Regulation 4311; CCSD Policy 4235; Donrey of Nevada v. Bradshaw, 106 Nev. 630 (1990); Clark County School District v. Las Vegas Review-Journal, 429 P.3d 313 (2018); Cameranesi v. U.S. Dep’t of Defense, 856 F.3d 626 (9th Cir. 2017). In this case, the activity logs may reveal confidential employee and personnel information.



Thank you.

Clark County School District
5100 West Sahara Avenue
Las Vegas, NV 89146


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