BCC Emails - Immediate Disclosure Request (SF DT)

City and County of San Francisco

************************************************************************

Hi there

Your first City and County of San Francisco record request (request number #20-643) has been submitted.
It is currently unpublished and is not available for the general public to view.

As the requester, you can always see the status of your
request by signing into the City and County of San Francisco Public Records
portal here.

If you haven't already activated your account,
click here to get started.
Once your account is activated, your request will be visible at the following link:
Request #20-643.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

City and County of San Francisco

************************************************************************

Hi there

A document has been released for record request #20-643:

* 20-643_BCC-redacted.pdf

Document links are valid for one month.
After March 11, you will need to sign in to view the document(s).

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

City and County of San Francisco

************************************************************************

Hi there

Record request #20-643 has been closed. The closure reason supplied was:

Anonymous,

We received your Immediate Disclosure Request on Saturday, dated February 8, 2020,  on Monday, February 10, 2020 at 9:06 am.  Public records requests received after the close of business, or received on a weekend or holiday, are considered received on the next business day.

You have requested the following records:

* An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your Department Head on their government account . Note that you will have to search directly from the Head's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

We have found records responsive to your request.  The documents are now released to you completely public in our NextRequest portal "DOCUMENTS" section.   You will be able to access the document without any login or sign-in.  The documents are in PDF format for ease of transferability and accessibility, consistent with Cal. Gov 6253.9(a)(1). 

Please note pursuant to 6254.19, the Public Records Act now protects from disclosure an information security record …. That would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology systems of the city. 

Let me know if you are having a problem accessing your documents  publicly without any login or sign-in.

This concludes your public record request.

Sincerely,

Arlene Licudine

This concludes your public records request.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

City and County of San Francisco

************************************************************************

Hi there

Record request #20-643 has been published and is now available for public view.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

Use this to confirm your account. The link is only valid for 24 hours.

City and County of San Francisco

************************************************************************
Hello Anonymous!
************************************************************************

You can confirm your City and County of San Francisco public records portal account by copying and pasting the URL below into your web browser. This link is only valid for the next 24 hours.

Magic link: https://sanfrancisco.nextrequest.com/users/confirmation?confirmation_token=qyhbyU-fxyMDRdQN8EQK

************************************************************************
Questions? Check out our help page (https://www.nextrequest.com/support) or email us at support@nextrequest.com.
************************************************************************

Powered by NextRequest (https://www.nextrequest.com).

To Whom It May Concern:

We understand that the Department of Technology provided an updated response to your request on April 30, 2021. If you continue to contest the department’s response, please let us know. Thank you.

[signature_540561676]Odaya Buta
Paralegal
Office of City Attorney Dennis J. Herrera
odaya.buta@sfcityatty.org<mailto:odaya.buta@sfcityatty.org>
www.sfcityattorney.org<applewebdata://354EB39C-2368-4201-BE40-DFCD2DA81691/www.sfcityattorney.org>
Find us on: Facebook<https://www.facebook.com/sfcityattorney/> Twitter<https://twitter.com/SFCityAttorney> Instagram<https://www.instagram.com/sfcityattorney/>

This message and any attachments are solely for the intended recipient and may include privileged or confidential information.
If you have received this communication in error, please notify the sender immediately, and permanently delete this message and any attachments.

From: requests@muckrock.com <requests@muckrock.com>
Sent: Friday, October 9, 2020 8:43 PM
To: Supervisor Records (CAT) <supervisor.records@SFCITYATTY.ORG>
Subject: RE: California Public Records Act Request #20-643

San Francisco Department Of Technology
PRA Office
1 S. Van Ness Ave, 2nd floor
San Francisco, CA 94103

October 9, 2020

This is a follow up to request number 20-643:

Supervisor of Records Dennis Herrera,

Please see the attached 67.21(d) petition.

Sincerely,
Anonymous

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 87729
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

---

On Oct. 9, 2020:
Subject: RE: California Public Records Act Request #20-643
Supervisor of Records Dennis Herrera,

Please see the attached 67.21(d) petition.

Sincerely,
Anonymous
---

On Feb. 11, 2020:
Subject: [ACTION REQUIRED] Your City and County of San Francisco public records portal account
Use this to confirm your account. The link is only valid for 24 hours.

City and County of San Francisco

************************************************************************
Hello Anonymous!
************************************************************************

You can confirm your City and County of San Francisco public records portal account by copying and pasting the URL below into your web browser. This link is only valid for the next 24 hours.

Magic link: https://sanfrancisco.nextrequest.com/users/confirmation?confirmation_token=qyhbyU-fxyMDRdQN8EQK

************************************************************************
Questions? Check out our help page (https://www.nextrequest.com/support) or email us at support@nextrequest.com<mailto:support@nextrequest.com>.
************************************************************************

Powered by NextRequest (https://www.nextrequest.com).

---

On Feb. 11, 2020:
Subject: Your City and County of San Francisco public records request #20-643 has been published.
City and County of San Francisco

************************************************************************

Hi there

Record request #20-643 has been published and is now available for public view.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

---

On Feb. 11, 2020:
Subject: Your City and County of San Francisco public records request #20-643 has been closed.
City and County of San Francisco

************************************************************************

Hi there

Record request #20-643 has been closed. The closure reason supplied was:

Anonymous,

We received your Immediate Disclosure Request on Saturday, dated February 8, 2020, on Monday, February 10, 2020 at 9:06 am. Public records requests received after the close of business, or received on a weekend or holiday, are considered received on the next business day.

You have requested the following records:

* An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your Department Head on their government account . Note that you will have to search directly from the Head's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

We have found records responsive to your request. The documents are now released to you completely public in our NextRequest portal "DOCUMENTS" section. You will be able to access the document without any login or sign-in. The documents are in PDF format for ease of transferability and accessibility, consistent with Cal. Gov 6253.9(a)(1).

Please note pursuant to 6254.19, the Public Records Act now protects from disclosure an information security record …. That would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology systems of the city.

Let me know if you are having a problem accessing your documents publicly without any login or sign-in.

This concludes your public record request.

Sincerely,

Arlene Licudine

This concludes your public records request.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

---

On Feb. 11, 2020:
Subject: [Document Released] City and County of San Francisco public records request #20-643
City and County of San Francisco

************************************************************************

Hi there

A document has been released for record request #20-643:

* 20-643_BCC-redacted.pdf

Document links are valid for one month.
After March 11, you will need to sign in to view the document(s).

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

---

On Feb. 8, 2020:
Subject: California Public Records Act Request: BCC Emails - Immediate Disclosure Request (SF DT)
RE: BCC Emails - Immediate Disclosure Request

To the Department Head:

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to your agency and its department head. Your response is required by Feb 11, 2020. Rolling records responses are requested (SFAC 67.25(d)) if you are unable to immediately produce records. Exact copies of every responsive record are requested (Gov Code 6253(b)) - do not: provide mere URLs, print and scan electronic records, convert native files to PDFs, or provide black and white versions of any color record. Provide only copies of records not requiring fees and in-person inspection of all other records (GC 6253). Emails are requested in the easily-generated EML or MSG formats (SFAC 67.21(l)).

I am now auditing how the City appears to unlawfully withhold the BCC recipients of emails when they print out emails in certain formats. The identity of BCC recipients is not exempt. BCC is not an information security record that reveals vulnerabilities or increases chance of an attack. The BCC names was typed in by a human being and are not metadata. You must provide BCC just like you provide To or CC recipients. There is no legal authority to keep secret the identities of persons communicating with government officials, unless they are specifically confidential informants and such. If you withhold the BCC names, I will file complaints, separate and apart from email metadata complaints, which at this point I have already won (see SOTF 19044).

Your non-exhaustive obligations: All withholding of any information must be justified in writing (SFAC 67.27). All withholdings by masking or deletion (aka redactions) must be keyed by footnote or other clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld (SFAC 67.26). You must respond to emailed requests (SFAC 67.21(b)). You must notify us of whether or not responsive records exist and/or were withheld for each below request (Gov Code 6253(c), 6255(b)). You must state the name and title of each person responsible for withholding any information (Gov Code 6253(d)). Do not impose any end-user restrictions upon me (Santa Clara Co. vs Superior Ct, 170 Cal.App 4th 1301); so if you use a third-party website to publish records, please make them completely public without any login or sign-in.

Your agency must do all of the above things in your response, and you cannot wait until we file complaints.

****** We have no duty to, and we will not again, remind the City of its obligations. Instead, we will file complaints for every Sunshine Ordinance or CPRA violation. We will continue to file complaints until the City's procedures are modified to fully comply with the Sunshine Ordinance and CPRA, without caveat or exception. ******

1. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your Department Head on their government account . Note that you will have to search directly from the Head's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

Do not destroy or discard any responsive records - we will appeal all withholdings or Sunshine violations.

NOTE: Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. The email address sending this request is a publicly- viewable mailbox. All of your responses (including all responsive records) may be instantly and automatically available to the public online via the MuckRock.com FOIA service used to issue this request (though the requester is an anonymous user, not a representative of MuckRock). Nothing herein is legal, IT, or professional advice of any kind. The author disclaims all warranties, express or implied, including but not limited to all warranties of merchantability or fitness. In no event shall the author be liable for any special, direct, indirect, consequential, or any other damages whatsoever. The digital signature, if any, in this email is not an indication of a binding agreement or offer; it merely authenticates the sender. Please do not include any confidential information, as I intend that these communications with the City all be disclosable public records.

Sincerely,

Anonymous

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 87729
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[http://email.requests.muckrock.com/o/eJwNyk0OwiAQQOHTyJLM8GPpgoVdeA1Dh6mS2qADNentbd63fDl6f1W8pfJ-lBwRBwRn1Sumwc-8MC6BZwTiIeXs0ziin41xSKpEAwbwDKwzdtSoA9jb6T7ZaQrBh4sD4e_OrTe97bRKpVVT3ZTEtn9YfqVV0cJUJbdzbguVfqTeD13l-Qd7LC_Y]

To Whom It May Concern:

We understand that the Department of Technology provided an updated response to your request on April 30, 2021. If you continue to contest the department’s response, please let us know. Thank you.

[signature_540561676]Odaya Buta
Paralegal
Office of City Attorney Dennis J. Herrera
odaya.buta@sfcityatty.org<mailto:odaya.buta@sfcityatty.org>
www.sfcityattorney.org<applewebdata://354EB39C-2368-4201-BE40-DFCD2DA81691/www.sfcityattorney.org>
Find us on: Facebook<https://www.facebook.com/sfcityattorney/> Twitter<https://twitter.com/SFCityAttorney> Instagram<https://www.instagram.com/sfcityattorney/>

This message and any attachments are solely for the intended recipient and may include privileged or confidential information.
If you have received this communication in error, please notify the sender immediately, and permanently delete this message and any attachments.

From: requests@muckrock.com <requests@muckrock.com>
Sent: Sunday, October 11, 2020 7:47 PM
To: Supervisor Records (CAT) <supervisor.records@SFCITYATTY.ORG>
Subject: RE: California Public Records Act Request #20-643

San Francisco Department Of Technology
PRA Office
1 S. Van Ness Ave, 2nd floor
San Francisco, CA 94103

October 11, 2020

This is a follow up to request number 20-643:

Supervisor of Records Dennis Herrera,

Please see the following additional attached 67.21(d) petition. It is separate and in addition to the one from Oct. 9.
This one is about a single email record. Oct 9 was about calendars.

Sincerely,
Anonymous

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 87729
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

---

On Oct. 9, 2020:
Subject: RE: California Public Records Act Request #20-643
Supervisor of Records Dennis Herrera,

Please see the attached 67.21(d) petition.

Sincerely,
Anonymous
---

On Oct. 9, 2020:
Subject: RE: California Public Records Act Request #20-643
Supervisor of Records Dennis Herrera,

Please see the attached 67.21(d) petition.

Sincerely,
Anonymous
---

On Feb. 11, 2020:
Subject: [ACTION REQUIRED] Your City and County of San Francisco public records portal account
Use this to confirm your account. The link is only valid for 24 hours.

City and County of San Francisco

************************************************************************
Hello Anonymous!
************************************************************************

You can confirm your City and County of San Francisco public records portal account by copying and pasting the URL below into your web browser. This link is only valid for the next 24 hours.

Magic link: https://sanfrancisco.nextrequest.com/users/confirmation?confirmation_token=qyhbyU-fxyMDRdQN8EQK

************************************************************************
Questions? Check out our help page (https://www.nextrequest.com/support) or email us at support@nextrequest.com<mailto:support@nextrequest.com>.
************************************************************************

Powered by NextRequest (https://www.nextrequest.com).

---

On Feb. 11, 2020:
Subject: Your City and County of San Francisco public records request #20-643 has been published.
City and County of San Francisco

************************************************************************

Hi there

Record request #20-643 has been published and is now available for public view.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

---

On Feb. 11, 2020:
Subject: Your City and County of San Francisco public records request #20-643 has been closed.
City and County of San Francisco

************************************************************************

Hi there

Record request #20-643 has been closed. The closure reason supplied was:

Anonymous,

We received your Immediate Disclosure Request on Saturday, dated February 8, 2020, on Monday, February 10, 2020 at 9:06 am. Public records requests received after the close of business, or received on a weekend or holiday, are considered received on the next business day.

You have requested the following records:

* An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your Department Head on their government account . Note that you will have to search directly from the Head's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

We have found records responsive to your request. The documents are now released to you completely public in our NextRequest portal "DOCUMENTS" section. You will be able to access the document without any login or sign-in. The documents are in PDF format for ease of transferability and accessibility, consistent with Cal. Gov 6253.9(a)(1).

Please note pursuant to 6254.19, the Public Records Act now protects from disclosure an information security record …. That would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology systems of the city.

Let me know if you are having a problem accessing your documents publicly without any login or sign-in.

This concludes your public record request.

Sincerely,

Arlene Licudine

This concludes your public records request.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City and County of San Francisco.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

---

On Feb. 8, 2020:
Subject: California Public Records Act Request: BCC Emails - Immediate Disclosure Request (SF DT)
RE: BCC Emails - Immediate Disclosure Request

To the Department Head:

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to your agency and its department head. Your response is required by Feb 11, 2020. Rolling records responses are requested (SFAC 67.25(d)) if you are unable to immediately produce records. Exact copies of every responsive record are requested (Gov Code 6253(b)) - do not: provide mere URLs, print and scan electronic records, convert native files to PDFs, or provide black and white versions of any color record. Provide only copies of records not requiring fees and in-person inspection of all other records (GC 6253). Emails are requested in the easily-generated EML or MSG formats (SFAC 67.21(l)).

I am now auditing how the City appears to unlawfully withhold the BCC recipients of emails when they print out emails in certain formats. The identity of BCC recipients is not exempt. BCC is not an information security record that reveals vulnerabilities or increases chance of an attack. The BCC names was typed in by a human being and are not metadata. You must provide BCC just like you provide To or CC recipients. There is no legal authority to keep secret the identities of persons communicating with government officials, unless they are specifically confidential informants and such. If you withhold the BCC names, I will file complaints, separate and apart from email metadata complaints, which at this point I have already won (see SOTF 19044).

Your non-exhaustive obligations: All withholding of any information must be justified in writing (SFAC 67.27). All withholdings by masking or deletion (aka redactions) must be keyed by footnote or other clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld (SFAC 67.26). You must respond to emailed requests (SFAC 67.21(b)). You must notify us of whether or not responsive records exist and/or were withheld for each below request (Gov Code 6253(c), 6255(b)). You must state the name and title of each person responsible for withholding any information (Gov Code 6253(d)). Do not impose any end-user restrictions upon me (Santa Clara Co. vs Superior Ct, 170 Cal.App 4th 1301); so if you use a third-party website to publish records, please make them completely public without any login or sign-in.

Your agency must do all of the above things in your response, and you cannot wait until we file complaints.

****** We have no duty to, and we will not again, remind the City of its obligations. Instead, we will file complaints for every Sunshine Ordinance or CPRA violation. We will continue to file complaints until the City's procedures are modified to fully comply with the Sunshine Ordinance and CPRA, without caveat or exception. ******

1. An exact copy with all email headers (incl. but not limited to the BCC identities), attachments, color, formatting and all other parts of the record of the most recent 5 emails which have any BCC recipients which were sent by your Department Head on their government account . Note that you will have to search directly from the Head's computer or account in their Sent folder specifically (In many email systems, no other method will allow you to see the BCC recipients). In modern Outlook systems, the search query is as follows: (bcc:*)

Do not destroy or discard any responsive records - we will appeal all withholdings or Sunshine violations.

NOTE: Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. The email address sending this request is a publicly- viewable mailbox. All of your responses (including all responsive records) may be instantly and automatically available to the public online via the MuckRock.com FOIA service used to issue this request (though the requester is an anonymous user, not a representative of MuckRock). Nothing herein is legal, IT, or professional advice of any kind. The author disclaims all warranties, express or implied, including but not limited to all warranties of merchantability or fitness. In no event shall the author be liable for any special, direct, indirect, consequential, or any other damages whatsoever. The digital signature, if any, in this email is not an indication of a binding agreement or offer; it merely authenticates the sender. Please do not include any confidential information, as I intend that these communications with the City all be disclosable public records.

Sincerely,

Anonymous

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 87729
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[http://email.requests.muckrock.com/o/eJwNyk0OwiAQQOHTyJIwU8rPgk0bvYbBgSqpDTpQk97ert63eCmMoxF5i-V9LykAWFDWi1eIQDSQiwmRLDrMbvTDieT1Iy5GiRJQoQIFZ7TRVoKc3Hx1etBm9s5MeLtoxfm759ab3HZaudIqqW6CQ9s_mX-lVZacqXJq59wWKv2IvR-y8vMPMeEvQg]