Request for email metadata

Matt Chapman filed this request with the Office of the Governor of Virginia.
Est. Completion None
Status
Fix Required

Communications

From: Tom Nash


To Whom It May Concern:

Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:

For all non-personal emails accounts in use by the governor and its staff, please provide me the following information for all emails sent and received between March 5 2018 and March 9, 2018.

1. From address
2. To address
3. bcc addresses
4. cc addresses
5. Time
6. Date

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.

Please note that I am a citizen of Virginia, and am using MuckRock's services to help manage and track my request.

Sincerely,

Tom Nash

From: Office of the Governor

Dear Mr. Nash,

The Office of the Governor is in receipt of your request under the
Virginia Freedom of Information Act, § 2.2-3700, et seq. (Act). You
requested:

For all non-personal emails accounts in use by the governor and its staff,
please provide me the following information for all emails sent and
received between March 5 2018 and March 9, 2018.

1. From address
2. To address
3. bcc addresses
4. cc addresses
5. Time
6. Date
There is no document responsive to your request. Thank you for contacting
the Office of the Governor.
Best,

Jessica
--

Jessica R. Killeen
Deputy Counsel to Governor Ralph S. Northam
Office of the Governor
Patrick Henry Building

1111 East Broad Street

Richmond, Virginia 23219

Office Number: (804) 663-7880

From: Matt Chapman

If you use an email system, then the records responsive to my exist. This request does not require the creation of records, as the records pursuant to this request already exist in a discrete context separate from the contents of emails themselves. Any steps to retrieve the requested documentation is simply retrieving those discrete records.

Here is the technical documentation which describes how messages are stored within Exchange for storing emails: https://msdn.microsoft.com/en-us/library/ee158780(v=exchg.80).aspx . The takeaway from this document is that while a message itself is an object (a record), there are subobjects (also records) for 1. the message body, 2. recipients and sender(s) 3. subject line and 4. attachments. To the extent that you would likely consider an attachment to be a distinct record, despite being a component of an email message in its method of storage, then it follows that the recipient objects of an email would be a distinct record apart from the message themselves.

With this information in mind, please re-review the request.

From: Office of the Governor

Dear Mr. Nash,

Thank you for sending me instructions on how to create a record.
However, according to Virginia Code Section 2.2-3704(D), no public body
shall be required to create a new record if the record does not already
exist.

Thank you for contacting the Office of the Governor.
Best,

Jessica

--

Jessica R. Killeen
Deputy Counsel to Governor Ralph S. Northam
Office of the Governor
Patrick Henry Building

1111 East Broad Street

Richmond, Virginia 23219

Office Number: (804) 663-7880

From: Matt Chapman

The provided documentation is not for creating records. It simply describes how the records are not records. Please review my request with a little bit more care.

Also, my last name is not Nash.

From: Office of the Governor

To whom it may concern,

Based on the email correspondence below, please clarify the identity of
the person making this request. Pursuant to § 2.2-3704(A) of the Act, all
public records shall be open to citizens of the Commonwealth,
representatives of newspapers and magazines with circulations in the
Commonwealth, and representatives of radio and television stations
broadcasting in or into the Commonwealth during the regular office hours of
the custodian of such records. Please provide information that confirms
that you are either (1) a citizen of the Commonwealth (such as a Virginia
address) or (2) a representative of a newspaper or magazine with
circulations in the Commonwealth, or (3) a representative of a radio or
television station broadcasting in or into the Commonwealth.

Thank you for contacting the Office of the Governor.
Best,

Jessica

--

Jessica R. Killeen
Deputy Counsel to Governor Ralph S. Northam
Office of the Governor
Patrick Henry Building

1111 East Broad Street

Richmond, Virginia 23219

Office Number: (804) 663-7880

Files

There are no files associated with this request.