Los Angeles Police Department Social Media Settings, broader request
It is a clone of this request.
| Tracking # |
22-4085 |
| Submitted | April 19, 2022 |
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Communications
From: Adam Steinbaugh
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
With respect to any Twitter, Facebook, or Instagram account created, operated, or maintained by your agency, I request the following records. These accounts include, but are not limited to, the Facebook pages located at https://www.facebook.com/lapdhq and https://www.facebook.com/911LAPD and https://www.facebook.com/lapdwestla, the Twitter accounts @LAPDHQ, @911LAPD, @LAPDCentralArea, @LAPDPacific, @LAPDRampart, @NortheastArea, @LapdHarborDiv, @LAPDWestLA, @LAPDDevonshire, and @LAPDChiefMoore.
An example of what each of these records look like is attached and available at https://www.documentcloud.org/documents/21579793-facebook-and-twitter-settings-examples. Examples of these records as produced by hundreds of other public entities may be found here: https://www.documentcloud.org/app?q=%2Bproject%3Asocial-media-censorship-s-45722%20sort%3A-created_at%20.
I request:
1. A copy of the full settings for the Facebook page. These records may be accessed through one of three processes:
The first option:
(a) Log in as an administrator of the page.
(b) Navigate to the Facebook page (e.g., https://www.facebook.com/lapdhq).
(c) On the lefthand side of the page, where it says "Manage Page," scroll to "Settings," located at the lefthand side of the bottom of the page.
(d) Click "General" on the lefthand side of the page.
The second option:
(a) Log in as an administrator of the page.
(b) Go to the following URL, replacing "lapdhq" with the appropriate page name: https://www.facebook.com/lapdhq/settings/?tab=settings.
The third option:
(a) Log in as an administrator of the page.
(b) Navigate to the Facebook page (e.g., https://www.facebook.com/lapdhq).
(c) Go to this URL, replacing "lapdhq" with the appropriate page name: https://www.facebook.com/lapdhq/settings/?tab=settings&ref=page_edit§ion=download_your_page
(d) Click "Download your page"
(e) Select "HTML," "High," and "All time" in the available options.
(f) Make sure only the "Page profile information" and "Page settings" boxes are checked.
(g) Click "Request a download."
(h) When the information is ready to download, enter the password to download it.
(i) Press "confirm."
(j) Provide the files contained in the .zip file.
2. A copy of the list of banned people and pages. This record may be accessed in this manner:
(a) Log in as an administrator of the page.
(b) Navigate to the Facebook page (e.g., https://www.facebook.com/lapdhq).
(c) On the lefthand side of the page, where it says "Manage Page," scroll to "Settings," located at the lefthand side of the bottom of the page.
(d) Click "People and other Pages" on the lefthand side of the page.
(e) On the menu labeled "People who Like this Page," select "Banned People and Pages"
3. A copy of the list of "Page Roles." This record may be accessed in this manner:
(a) Log in as an administrator of the page.
(b) Navigate to the Facebook page (e.g., https://www.facebook.com/lapdhq).
(c) On the lefthand side of the page, where it says "Manage Page," scroll to "Settings," located at the lefthand side of the bottom of the page.
(d) Click "Page Roles" on the lefthand side of the page.
5. A copy of the lists of users blocked by the Twitter account. This list can be obtained through this process:
(a) Log into the account.
(b) Visit this URL: https://twitter.com/settings/blocked/all
(c) Visit this URL: https://twitter.com/settings/blocked/imported
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.
Sincerely,
Adam Steinbaugh
From: Los Angeles Police Department
City of Los Angeles
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Your first City of Los Angeles record request (request number #22-4085) has been submitted.
It is currently unpublished and is not available for the general public to view.
Request #22-4085.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-4085:
Dear Requester,
Your California Public Records Act (CPRA) request was received and will be assigned to a CPRA Analyst.
If you have any further questions, please respond to this email
Respectfully,
LAPD Public Records & Subpoena Response Section, CPRA Unit
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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Record request #22-4085 has been closed and published. The closure reason supplied was:
Dear Requester:
We reviewed your request for:
1. A copy of the full settings for the Facebook page. These records may be accessed through one of three processes:
2. A copy of the list of banned people and pages. This record may be accessed in this manner:
3. A copy of the list of "Page Roles." This record may be accessed in this manner:
5[sic]. A copy of the lists of users blocked by the Twitter account. This list can be obtained through this process:
Your request was made under the California Public Records Act (the Act). The Department is cognizant of its responsibilities under the Act. It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government. The Act does not mandate disclosure of all documents within the government’s possession. Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1. The law also exempts from disclosure records that are privileged or confidential or otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(b); 6254(c); 6254(f); 6254(k); and 6255.
With regards to #1, #2, and #5[sic] of your request, this portion of your request is a duplicate of Request #22-2223 (see: https://lacity.nextrequest.com/requests/22-2223). Please see the document and responses that were provided to you. For future requests, please be reminded that it is not necessary to create a new request in order to make adjustments or inquiries; rather, you may communicate with us by using the external message feature of NextRequest.
With regards to #3 of your request, in accordance with Government Code Section 6255, we are denying this portion of your request. The Department asserts this exemption due to our belief that disclosure of this information to the public could interfere with the operations of the Department and does not serve the public interest.
If you have any questions, please respond to this email.
Respectfully,
LAPD Public Records & Subpoena Response Section, CPRA Unit
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Adam Steinbaugh
Hello,
I am writing to seek reconsideration of the denial of this request (consolidated with Request #22-2223) with respect to Items 1 (the page settings) and 3 (the list of "page roles").
These requests were denied under Government Code Section 6255, the "catchall" exemption, which provides, in pertinent part, that an "agency shall justify withholding any record by demonstrating that . . . on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." Gov't Code § 6255 subd. (a). No other exemptions were cited in the denial of the consolidated request.
The Department's justification with respect to both categories proffers "our belief that disclosure of this information to the public could interfere with the operations of the Department and does not serve the public interest." This response, asserting the Department's naked "belief," does not meet Section 6255's requirement that the Department demonstrate "the facts." That burden requires the Department to set forth a "particularized showing" in order to "demonstrate a clear overbalance on the side of confidentiality." Long Beach Police Officers Ass’n v. City of Long Beach, 59 Cal.4th 59, 67-75 (2014). If "general assertions" about "risks" are insufficient to meet this burden (Id. at 75), so, too, are the Department's feelings.
The Department's belief is not widely shared. To the contrary, hundreds of other public agencies, including many in California, have provided their social media settings without objection. (See the records linked here: https://cutt.ly/firesms). If hundreds of other entities have not come to the conclusion that disclosing these records will engender interference with agency operations (and, indeed, no interference has resulted from the disclosure of these records), it's unlikely the Department can demonstrate a "clear overbalance" justifying withholding of the records.
The balance in favor of disclosure is bolstered by the establishment of a right under California's state constitution to access to information concerning government activities. Given that the Department cited none of the other myriad exemptions to the Public Records Act to justify this withholding, it is further unlikely that an interest shielded by those exemptions is advanced here.
Further, the records relate to a law enforcement agency's regulation of expression on social media, "the most important place[ . . . ] for the exchange of views." Packingham v. North Carolina, 137 S. Ct. 1730, 1735 (2017). Whether and how public actors regulate expression protected by the First Amendment (and the California state constitution) is a matter of significant public interest, against which the Department's interests must be measured.
That balancing test is not met by an invocation of the Department's feelings. As such, I request that the Department reconsider its posture or, if it remains intransigent, set forth the particularized interests justifying its withholding.
Finally, I would like to amend the instant request to additionally seek (6) copies of any records reviewed in the processing of this request and (7) copies of any archived or previous settings for the relevant Facebook accounts.
Sincerely,
Adam Steinbaugh
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-4085:
Dear Requester:
The Department has received your message regarding the Department's response to your request. The Department will evaluate your concerns and respond as soon as practicable.
Thank you,
LAPD Public Records & Subpoena Response Section, CPRA Unit
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-4085:
Dear Requester:
With regards to your request for a copy of the full settings and list of “Page Roles” for the listed facebook pages of https://www.facebook.com/lapdhq, https://www.facebook.com/911LAPD, and https://www.facebook.com/lapdwestla, a search was conducted, and the requested records have been provided to you. Please be advised that in accordance with Section 6254(c) and 6255(a) certain information, the disclosure of which would constitute an unwarranted invasion of personal privacy and/or would not serve the public interest, has been withheld from the documents provided.
With regards to the addition to your request for copies of records reviewed in the process of this request for the listed facebook pages of https://www.facebook.com/lapdhq, https://www.facebook.com/911LAPD, and https://www.facebook.com/lapdwestla, a search was conducted, and a responsive record has been provided to you. Please be advised that in accordance with Section 6254(c) and 6255(a) certain information, the disclosure of which would constitute an unwarranted invasion of personal privacy and/or would not serve the public interest, has been withheld from the documents provided.
With regards to the addition to your request for copies of archived or previous settings for the listed facebook pages of https://www.facebook.com/lapdhq, https://www.facebook.com/911LAPD, and https://www.facebook.com/lapdwestla, please be advised that this is not a metric or feature that the Department tracks and/or monitors. Therefore, we are unable to respond to this portion of your request.
If you have any questions, please respond to this email.
Respectfully,
LAPD Public Records & Subpoena Response Section, CPRA Unit
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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Documents have been released for record request #22-4085:
* NR22-4085_Communications_Redacted.pdf
* NR22-4085_LAPDHQ_Redacted.pdf
* NR22-4085_WestLA_during review_Redacted.pdf
* NR22-4085_WestLA_Redacted.pdf
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
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