Baltimore PD social media services

Dear Petitioner,

In the months of August -September 2016 the Baltimore Police Department received multiple requests for records, seeking records and email communications pertaining to the Wide Aeria Surveillance program as conducted between Company Persistent Surveillance Systems ("PSS").

The requests for emails referenced a wide range of names, email addresses, words phrases and terms along with descriptions of the type records being sought. In an effort to comprehensively address these requests for email communications with the least amount of costs to the petitioners and the BPD, this Office requested the IT Division of BPD to search its email system for ANY Communications (sent or received) between email domains: @Persistentsurveillance.com; @pss-1.com; @baltimorepolice.org.

The IT Custodian in return provided to this office a total of 495 email communications consisting of approximately1500-2000 pages. After an initial review of the responsive emails, most of the specific records or documents made by the several petitioners are contained in the emails and attachments that I contemplate being released.

This Office is diligently working to review the communications to accommodate each requests. To this end, this Office hopes to have its review completed within fourteen (14) days of the writing of this correspondence. The normal search and review fees will be waived.

This office is attempting to set up an electronic drop box, where a link to same will be provided in the response. When the review is complete and responsive records are ready to be released, this office will contact you in writing. If upon review of the disclosed emails you believe there may be additional emails not covered under this group or you wish to request emails using different search criteria I can send you the procedures outlining the costs to make specific emails requests.

Thank you.

Dear Requester,

On or about September 12, 2016, you submitted a request for records to the Baltimore City Police Department, c/o Document Compliance Unit.

The Maryland Public Information Act (“MPIA”), Annotated Code of Maryland, General Provisions Article, § 4-101, et seq. governs your request. Below as listed, are your Seven (7) separate requests, and BPD’s response to each.

1. All records regarding the purchase of, acquisition of, installation of, subscription to, payment for, or agreements concerning software designed to access information from social media services;

Response: Please find attached two (2) pdf documents respectively labeled “Geofeedia Agreement” and “GEOFEEDIA purchasing information”, the Custodians have provided as responsive to this request.

2. All records that contain any information about the functioning of software designed to access information from social media services that is used or has been used by the Baltimore Police Department;

Response: The BPD per MPIA § 4-335 “Trade Secrets; Confidential Information” is forbidden from releasing any records in its possession that detail the trade secrets and/or confidential commercial information provided by or obtained from any Person or governmental unit. To this end, the BPD must deny your request to the extent same is contemplated under this request. Additionally, BPD will refer you to: https://geofeedia.com/; where you may find information publicly available that is responsive to this request.

3. All records regarding correspondence about or with a company that offers software designed to access information from social media services, including but not limited to all correspondence about or with the companies Brightplaent, Geofeedia, Intrado Inc, LifeRaft, Magnet Forensics, Media Sonar, Signal Corporation, and ZeroFOX;
Response: This request contemplates the production of e-mail correspondence in possession of the BPD. Requests for BPD e-mails are handled by the Information and Technology Section (I T). BPD e-mails have a limited retrieval time frame. The I T technicians can retrieve e-mails for approximately the preceding three (3) years, then an outside vendor must be hired to retrieve archived e-mails at a substantial cost.

The cost of in-house retrieval is based on the number of e-mail that must be reviewed before being disclosed. Confidential opinions, intelligence information, deliberations, advice or recommendations from one governmental employee or official to another for the purpose of assisting the latter official in the decision-making function may be withheld. In addition, part of an interagency, or intra-agency letter or memorandum that would not be available by law to a private party in litigation can be withheld.

The BPD can run a word, name or phase through the e-mail retention system. The BPD can run individual e-mail addresses or the entire BPD e-mail system. Once the system identifies the e-mails with the word, name or phase each e-mail will have to be review to determine what can be disclosed and their relevancy.

The average staff time of review e-mails for release is thirty (3) pages reviewed per hour (e-mails and attachments). Time differs depending on the size or complexity of the e-mails. Once all disclosable e-mails are identified the BPD will advise of the actual cost of producing the e-mails. There is a minimum charge of $50.00 to start the search and downloading of e-mails. If the costs and terms are agreed upon e-mails will be reviewed.

It is in petitioner’s interest to narrow or identify specific persons or e-mail addresses or to use precise key search words or phrases to limit unnecessary or unwanted emails. If you would like the BPD to proceed with your request remit a non-refundable deposit of $50.00 along with the e-mail addresses, individual names and or key search words or phrases. Nothing in this response is intended to indicate that any records sought from the BPD exist or to waive any privileges held by the BPD.

4. All records regarding the policies that govern access to or use of software designed to access information from social media services;

Response: The Custodian has advised it is not in possession of any records responsive to this request.

5. All training materials and all records used to instruct members of your agency in the proper use of software designed to access information from social media services or of the information such software is capable of accessing;

Response: The Custodian has advised it is not in possession of any records responsive to this request.

6. All records regarding the sharing with entities outside the Baltimore Police Department of information obtained from or obtained by using software designed to access information from social media services;

Response: The BPD denies this request, as same contemplates the production of records otherwise deemed “Intelligence Information.” Per MPIA §4-351(a)(3) “Investigations, Intelligence Information; Security Procedures”, a custodian may deny inspection of “records that contain intelligence information…”.

7. All records referencing social media profiles, comments, posts, messages, or events accessed or retained from social media services through use of software designed o access information from social media services.

Response: The BPD denies this request, as same contemplates the production of records otherwise deemed “Intelligence Information.” Per MPIA §4-351(a)(3) “Investigations, Intelligence Information; Security Procedures”, a custodian may deny inspection of “records that contain intelligence information…”.

Nothing in this response is intended to indicate that any records sought from the BPD exist or to waive any privileges held by the BPD. You may contest this response by filing a complaint for Judicial Review in Circuit Court pursuant to MPIA Section 4-362.

Sincerely,

Brent Schubert
Assistant City Solicitor
Legal Affairs Division
Baltimore Police Department
100 N. Holliday Street, Room 101
Baltimore, Maryland 21202

---

On Sept. 12, 2016:
To Whom It May Concern:

Pursuant to Maryland's Public Information Act ("PIA"), I hereby request the following records:

1. All records regarding the purchase of, acquisition of, installation of, subscription to, payment for, or agreements concerning software designed to access information from social media services;

2. All records that contain any information about the functioning of software designed to access information from social media services that is used or has been used by the Dallas Police Department;

3. All records regarding correspondence about or with a company that offers software designed to access information from social media services, including but not limited to all correspondence about or with the companies Brightplaent, Geofeedia, Intrado Inc, LifeRaft, Magnet Forensics, Media Sonar, Signal Corporation, and ZeroFOX;

4. All records regarding the policies that govern access to or use of software designed to access information from social media services;

5. All training materials and all records used to instruct members of your agency in the proper use of software designed to access information from social media services or of the information such software is capable of accessing;

6. All records regarding the sharing with entities outside the Dallas Police Department of information obtained from or obtained by using software designed to access information from social media services;

7. All records referencing social media profiles, comments, posts, messages, or events accessed or retained from social media services through use of software designed o access information from social media services.

As I am submitting this request in my capacity as a professional investigative reporter, I please ask you waive all applicable fees associated with the search, review and duplication of the responsive records. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. 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 business days, as the statute requires.

Sincerely,

Patrick Howell O'Neill

------
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):
MuckRock
DEPT MR 28182
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/eJwNzDsOwyAQANHThBItGHahoLGt3CB1xE8JshEOtu8fuimeJjmtkRUnQSBYMcGkJRBHq4n4KKH5jDAv69M8FPT8u_N5nbzecestbjy2yr4uGmsM2YTKSyVJZp0CUCAUPnjlAxusvkty0kwKFetuXV7jF_x-ldp6PtpeYuatf_4ePCpQ]