Network Breaches and Cyber Attacks Records - Los Angeles Unified School District
| Tracking # |
0078099 |
| Submitted | June 6, 2023 |
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Communications
From: Jordan Lassiter
MuckRock News
DEPT MR 146407
263 Huntington Ave
Boston, MA 02115
Date: June 6, 2023
Los Angeles Unified School District
333 S Beaudry Ave
Los Angeles, CA 90017
Attn: FOIA Officer
Subject: Freedom of Information Act (FOIA) Request – Network Breaches and Cyber Attacks Records
Dear FOIA Officer,
Under the provisions of the Freedom of Information Act, 5 U.S.C. § 552, I hereby request access to and copies of all records held by Los Angeles Unified School District pertaining to:
1) Any network breaches or cyber-attacks that have occurred within your organization, including any records of unauthorized access, data theft, or system compromise from January 1, 2018, to the present.
2) Any internal investigations or reviews conducted in response to a suspected or confirmed network breach, including any reports, findings, or recommendations.
3) Any incident response plans or policies in place to address network breaches, including any procedures for mitigating and remediating the effects of such incidents.
4) Any communications between your organization and affected individuals, students, staff, or partners regarding network breaches or incidents.
Should any portion of the requested records be deemed exempt from disclosure, I request the release of any reasonably segregable non-exempt portions in accordance with 5 U.S.C. § 552(b). If an entire document is exempt, I request a justification, citing specific FOIA exemptions, and provision of an exemption log as per Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973).
Please note your obligation under the law not to destroy any records potentially responsive to this request. Any withholding, redaction, or destruction of responsive records without proper justification constitutes a violation of the FOIA and is subject to litigation, as confirmed in Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136, 150 (1980).
Enclosed is a letter requesting a fee waiver for the processing of this request. As an independent investigative journalist associated with TransparencyReport.pw, I believe that the information I seek is in the public interest and its disclosure contributes significantly to public understanding of the operations or activities of the government.
If the enclosed waiver is not accepted and there are any potential charges in excess of $200 associated with fulfilling my request, please inform me in advance.
As stipulated by the FOIA, I look forward to your response within twenty business days (5 U.S.C. § 552(a)(6)(A)(i)).
Thank you for your prompt attention to this matter.
Sincerely,
Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: 1-845-748-0329
Enclosure: Fee Waiver Request Letter
Please be aware: All communications related to this request, including incoming and outgoing communications, will be publicly available on MuckRock.com. Additionally, any correspondence in relation to this request will be instantly published on the platform.
From: Los Angeles Unified School District
Hello,
This email is in response to your California Public Records Act (PRA) request. Your request will be reviewed and the appropriate departments contacted to determine if disclosable records relevant to your request exist.
As required under California Code section 7922.535(a), the Los Angeles Unified School District (District) will make a determination within 10 days as to whether or not a request is seeking records that are publicly disclosable and, if so, to provide the estimated date that the records will be made available. There is no requirement for a public agency to actually produce the records within 10 days of receiving a request, unless the requested records are readily available. Still, the District prides itself on always providing all publicly disclosable records in as timely a manner as possible.
Should you have any questions, please contact the Office of the General Counsel at (213) 241-7600.
Thank you.
PLEASE DO NOT RESPOND TO THIS EMAIL.
From: Los Angeles Unified School District
Hello,
This email is in response to your California Public Records Act request dated June 6, 2023, seeking:
I hereby request access to and copies of all records held by Los Angeles Unified School District pertaining to:
1) Any network breaches or cyber-attacks that have occurred within your organization, including any records of unauthorized access, data theft, or system compromise from January 1, 2018, to the present.
2) Any internal investigations or reviews conducted in response to a suspected or confirmed network breach, including any reports, findings, or recommendations.
3) Any incident response plans or policies in place to address network breaches, including any procedures for mitigating and remediating the effects of such incidents.
4) Any communications between your organization and affected individuals, students, staff, or partners regarding network breaches or incidents.
Your request is currently being reviewed and the appropriate Custodian of Record has been contacted to determine if disclosable records relevant to your request exist.
As required under California Government Code section 7922.525, the District will make a determination within 10 days as to whether or not a request is seeking records that are publicly disclosable and, if so, to provide the estimated date that the records will be made available. There is no requirement for a public agency to actually supply the records within 10 days of receiving a request, unless the requested records are readily available. Still, the District prides itself on always providing all publicly disclosable records in as timely a manner as possible.
Should you have any questions, please contact Gustavo Aragon, the assigned paralegal on this matter, at (213) 241-7600 and reference the above "OGC Control #"
Best,
[cid:image001.png@01D99D4D.F321C6E0]
Miriam A. Gonzalez
Interim Senior Legal Secretary
Los Angeles Unified School District
Office of the General Counsel
333 South Beaudry Avenue, 20th Floor
Los Angeles, California 90017
Phone: (213) 241-3745
E-mail: m.gonzalezledesm@lausd.net<mailto:laura.gonzalez1@lausd.net>
P Please consider the environment before printing this e-mail
This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential, or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message or any attachment is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer.
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image001
From: Los Angeles Unified School District
Hello,
This letter is in response to your California Public Records Act request received in the Office of the General Counsel on June 6, 2023, in which you requested the following:
I hereby request access to and copies of all records held by Los Angeles Unified School District pertaining to:
1) Any network breaches or cyber-attacks that have occurred within your organization, including any records of unauthorized access, data theft, or system compromise from January 1, 2018, to the present.
2) Any internal investigations or reviews conducted in response to a suspected or confirmed network breach, including any reports, findings, or recommendations.
3) Any incident response plans or policies in place to address network breaches, including any procedures for mitigating and remediating the effects of such incidents.
4) Any communications between your organization and affected individuals, students, staff, or partners regarding network breaches or incidents.
Pursuant to California Government Code section 7922.535, the District is permitted to extend the date for responding under the following specified circumstances:
1. The District needs to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.
2. The District needs to search for, collect and appropriately examine a voluminous amount of separate and distinct records that are demanded in the request.
3. The District may need to consult, which shall be conducted with all practicable speed, with two or more components of the agency having substantial subject matter interest therein.
4. The District may need to compile data.
In this regard, an extension is needed regarding the above-highlighted number(s). The District will respond to your request no later than the close of business on June 30, 2023, with an estimated date and time that responsive documents will be made available.
Should you have any questions, please do not hesitate to contact me at (213) 241-7604. Please refer to the following reference number in any correspondence regarding this request: # 0078099.
[A blue and red logo Description automatically generated with low confidence]
Gustavo Aragon
Senior Paralegal, PRA Unit
Los Angeles Unified School District, Office of the General Counsel
333 S. Beaudry Ave., 20th Floor, Los Angeles, CA 90017
Phone: (213) 241-7604
Fax: (213) 241-8444
Email: gustavo.aragon@lausd.net<mailto:gustavo.aragon@lausd.net>
P Please consider the environment before printing this e-mail
This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential, or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message or any attachment is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer.
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image001
From: Los Angeles Unified School District
Hello,
We have reviewed your California Public Records Act request, dated June 6, 2023, in which you requested:
1) Any network breaches or cyber-attacks that have occurred within your organization, including any records of unauthorized access, data theft, or system compromise from January 1, 2018, to the present.
2) Any internal investigations or reviews conducted in response to a suspected or confirmed network breach, including any reports, findings, or recommendations.
3) Any incident response plans or policies in place to address network breaches, including any procedures for mitigating and remediating the effects of such incidents.
4) Any communications between your organization and affected individuals, students, staff, or partners regarding network breaches or incidents.
Pursuant to California Government Code section 7922.000, your request for this record is denied. This denial is based upon our determination that the records sought are exempt from disclosure under (1) California Government Code section 7929.210 which exempts . . . the disclosure of an information security record of a public agency, if, on the facts of the particular case, disclosure of that record would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of a public agency . . .; and (2) California Government Code section 7922.000, which exempts the disclosure of records . . . under express provisions of this division, or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosing the record. . .
With the submission of this email, we are closing this matter. Thank you for contacting the Los Angeles Unified School District Public Records Act Unit.
Sincerely,
[A blue and red logo Description automatically generated with low confidence]
Gustavo Aragon
Senior Paralegal, PRA Unit
Los Angeles Unified School District, Office of the General Counsel
333 S. Beaudry Ave., 20th Floor, Los Angeles, CA 90017
Phone: (213) 241-7604
Fax: (213) 241-8444
Email: gustavo.aragon@lausd.net<mailto:gustavo.aragon@lausd.net>
P Please consider the environment before printing this e-mail
This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential, or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message or any attachment is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer.
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image001
From: Jordan Lassiter
Los Angeles Unified School District
333 S Beaudry Ave
Los Angeles, CA 90017
Attn: FOIA Officer
Subject: Appeal for Denial of California Public Records Act Request - Network Breaches and Cyber Attacks Records
Dear FOIA Officer,
I am writing to appeal the denial of my California Public Records Act (CPRA) request dated June 6, 2023, in which I requested access to records held by the Los Angeles Unified School District pertaining to network breaches and cyber attacks within your organization. I believe the denial of my request is in violation of federal and state laws, and I respectfully request a reconsideration of the decision.
As a journalist associated with TransparencyReport.pw, my intention is to contribute to the public's understanding of the operations and activities of the government. The requested records are of significant public interest, as they pertain to network security, potential vulnerabilities, and the impact of cyber attacks on the educational system.
In support of my appeal, I would like to highlight several federal and state laws that support the disclosure of the requested records:
Freedom of Information Act (FOIA) - Under the provisions of FOIA, 5 U.S.C. § 552, the public has the right to access federal agency records. While my initial request was made under the CPRA, the principles of transparency and access to information embodied in FOIA also apply to this situation.
California Public Records Act (CPRA) - The CPRA, California Government Code section 6250 et seq., provides the public with the right to access records held by state and local government agencies, including the Los Angeles Unified School District. The CPRA is intended to promote transparency and accountability in government.
California Government Code section 7929.210 - The exemption cited in the denial of my request states that the disclosure of an information security record of a public agency may be exempt if it would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of a public agency. However, the application of this exemption should be balanced against the public interest in disclosing the records, as required by California Government Code section 7922.000.
California Government Code section 7922.000 - This section allows for the exemption of records if, on the facts of the particular case, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosing the record. In this case, the public interest in understanding the extent and impact of network breaches and cyber attacks on the Los Angeles Unified School District outweighs the potential security concerns associated with disclosure.
I respectfully request that you reconsider the denial of my request and provide access to the requested records as required by federal and state laws. If any portion of the requested records is deemed exempt, I request the release of any reasonably segregable non-exempt portions in accordance with 5 U.S.C. § 552(b) and the CPRA.
Please note that any withholding, redaction, or destruction of responsive records without proper justification would constitute a violation of FOIA and the CPRA, and may be subject to legal action. I trust that the Los Angeles Unified School District will comply with its legal obligations and provide a thorough and transparent response to my request.
I appreciate your prompt attention to this matter. I look forward to a positive resolution of this appeal and the release of the requested records. If you require any further information or clarification, please do not hesitate to contact me.
Thank you for your consideration.
Sincerely,
Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: +1 845-218-0299
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on June 6, 2023. You had previously indicated that it would be completed on June 30, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #0078099.
Thanks for your help, and let me know if further clarification is needed.
From: Los Angeles Unified School District
Hello,
Attached is a copy of the District June 26, 2023 response denying the records sought by your PRA request. As stated in that response, this matter is closed.
Best,
[A blue and red logo Description automatically generated with low confidence]
Rita Gail Turner, CP, MBA
Litigation Research Coordinator, Public Records Act Unit
And Notary Public
Los Angeles Unified School District
Office of the General Counsel
333 South Beaudry Avenue, 24th Floor
Los Angeles, California 90017
Phone: (213) 241-7600
Direct: (213) 241-7645
Cell: (213) 514-2130
E-mail: rita.turner@lausd.net<mailto:rita.turner@lausd.net>
P Please consider the environment before printing this e-mail
This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential, or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message or any attachment is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer.
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