Collegedale Police Department: Social media settings and hidden Facebook comments

To Whom It May Concern:

Pursuant to the Tennessee Public Records Act, I hereby request the following records:

This request seeks records relating to the Facebook page located at https://www.facebook.com/CDalePD. 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.

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 (i.e., https://www.facebook.com/CDalePD).
(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 https://www.facebook.com/CDalePD/settings/?tab=settings.

The third option:
(a) Log in as an administrator of the page.
(b) Navigate to the Facebook page (i.e., https://www.facebook.com/CDalePD).
(c) Go to this URL: https://www.facebook.com/CDalePD/settings/?tab=settings&ref=page_edit&section=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 (i.e., https://www.facebook.com/CDalePD).
(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 (i.e., https://www.facebook.com/CDalePD).
(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.

4. For each of the "THREADS" identified below, a copy of any hidden comments, with all comments expanded, as visible when logged in as the page. The records of the hidden comments on the full thread may be accessed through this process:
(a) Log in as an administrator of the page.
(b) Navigate to the url of the thread.
(c) Make sure you are interacting with the page as the page: Click the down-pointing arrow next to the user icon (located near the top of the thread, to the right of the "Like," "Comment," and "Share" buttons) and, on the "Choose How to Interact" menu, select the name of the page.
(d) Click "Most Relevant" (or "Newest" or "All Comments" or "Hidden by This Page") and, on the menu, select "Hidden by This Page".
(e) Make sure the thread is fully expanded: Scroll through the comments and click the links reading "1 reply," "replies," or "View more comments" to expand the thread.

For purposes of this request, "THREADS" means and refers to the posts located at:
(a) https://www.facebook.com/CDalePD/posts/298939142380673
(b) https://www.facebook.com/CDalePD/posts/297272855880635
(c) https://www.facebook.com/CDalePD/posts/297147295893191
(d) https://www.facebook.com/CDalePD/posts/297063282568259
(e) https://www.facebook.com/CDalePD/posts/296908779250376

5. A copy of the lists of users blocked by the @CollegedalePD 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 7 business days, as the statute requires.

Sincerely,

Kent Hoover, a citizen of Tennessee, in coordination with Adam Steinbaugh.

Please also find attached the file, which I neglected to include earlier.

Mr. Elliott --

I'm writing to ask the CIty of Collegedale to reconsider this denial with respect to the question of whether the records requested are public records. They are.

First, both the City of Collegedale and Facebook agree that these are the city's records. For example, Chief Sapp encourages the public to follow the department on "our" social media pages (https://www.collegedaletn.gov/departments/police_department/office_of_the_chief.php). Moreover, the City maintains a formal policy referring to Facebook as one of the third parties that "host[s] our sites" and reserving "all rights relating to the official City social media sites," including the ability to employ "filtering" mechanisms and to "[d]isclos[e] your communications and activities" in response to "lawful requests by governmental authorities." Facebook, too, describes these as the city's records on the page that permits the city to download "your" records. (See attached screenshot depicting Facebook link to "[g]et a copy of your Pages posts, photos, videos and Page info.")

I think you will agree that the City could not withhold emails sent by city officials on the novel theory that the records are held by the company hosting the email servers. Yet that's the theory advanced here.

Second, consistent with that ownership, the City -- not Facebook -- accesses and engages with these records on a daily basis. The City employs a "Social Media Coordinator" (https://www.linkedin.com/in/kirstenert/) specifically to operate its social media accounts. As evident from the posts on the Collegedale Police Department's social media accounts, one or more City employees is regularly logged into the account to use it to post, edit, or remove content.

Third, the City's position is, to put it mildly, among the minority. Hundreds of public entities have disclosed these same records in response to public records requests, which they would not ordinarily do if the records were those of Facebook and not a public agency. You can find those records here: https://www.documentcloud.org/app?q=%2Bproject%3Asocial-media-censorship-s-45722%20sort%3A-created_at%20.

In short, these are not records generated by Facebook, but records created *on* Facebook (and stored on Facebook) by the City of Collegedale. City employees have created a policy (i.e., the settings) on Facebook directing the company's servers, utilize those systems on a regular basis to regulate content pursuant to a formal policy, and can access those records at will and instantaneously.

Best,

Adam Steinbaugh

Hello,

In addition, please see attached for proof of citizenship. Thank you for your help with this request!