Request for Email Metadata (Information Technology)

Matt Chapman filed this request with the Information Technology of Cincinnati, OH.
Multi Request Request for Email Metadata
Est. Completion None
Status
Fix Required
Tags

Communications

From: Matt Chapman


To Whom It May Concern:

Pursuant to the Ohio Open Records Law, I hereby request the following records:

For all email accounts under the management of this city, please provide me the following information for all emails sent and received during January, 2019:

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

E-mail metadata is trivially exportable from the IT infrastructure of any modern e-mail archiving or data retention system - such as Microsoft Outlook 365, Google, Datacove, etc. - and should be deliverable in a .CSV, .XLS, or other machine readable format.

Please note that I am not requesting the contents of each email. E-mail metadata does not include the contents of the specified e-mails, thus do not need individual review for redaction.

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 10 business days.

Sincerely,

Matt Chapman - Free Our Info, NFP

From: Information Technology

Mr. Chapman:

This email is to acknowledge receipt of your public records request dated January 29, 2019, seeking email metadata for all City email accounts during January 2019. Ohio law requires the City to respond to your request in a reasonable amount of time based on the circumstances of your request and whether legal review of the records is appropriate. The City will review your request and contact you if we have any questions or need to clarify your request.

Thank you,

Zach

[cid:image001.jpg@01CC9E24.E62557C0]

Zach Southwood
Assistant City Solicitor
General Counsel Section
Law Department
513/352-3317 (office) | 513/352-1515 (fax)
Zach.Southwood@cincinnati-oh.gov<mailto:zach.southwood@cincinnati-oh.gov>
-

From: Information Technology

Mr. Chapman:

The City cannot provide any responsive records to your request because, under Ohio law, the request is overbroad and requires the City to create a record that does not currently exist as the City keeps and retrieves its information.

Your request for the metadata from all City emails during the month of January 2019 is overly broad because it requires the City to search the records and emailboxes of over 5,000 city employees and officials. The request is therefore a complete duplication of voluminous records that the City is not required to provide. State ex rel. Glasgow v. Jones, 119 Ohio St. 3d 391, 894 N.E.2d 686 (2008).

A request for only the metadata and not the emails is also a request the City cannot produce. The City's database does not currently have the ability to extract the email metadata as requested. As the City currently stores and accesses, this information, the City would have to compile the information from other records. Documents that are not in the possession of the City, including documents that do not exist, are not public records, and Ohio public entities have no obligation to create records in response to a request, or to compile information from existing records to create a new record, if a responsive record does not already exist. See State ex rel. Kerner v. State Teachers Retirement Bd., 82 Ohio St.3d 273 (Ohio 1998) and State ex rel. White v. Goldsberry, 85 Ohio St.3d 153, 154 (Ohio 1999).

If you wish to make a future request, please let me know.

Thanks,

Zach

[cid:image001.jpg@01CC9E24.E62557C0]

Zach Southwood
Assistant City Solicitor
General Counsel Section
Law Department
513/352-3317 (office) | 513/352-1515 (fax)
Zach.Southwood@cincinnati-oh.gov<mailto:zach.southwood@cincinnati-oh.gov>

From: Matt Chapman

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.

While I understand the concern of the extent and volume of this request, I ask that you reconsider on the basis that the work involved to procure the requested information is a trivial task, as stated in the original request. Two examples to produce the requested output are one of the following powershell one-liners. These are trivial to run by your IT staff:

`get-messagetrackinglog -Start "1/1/2017 00:00:00 AM" -End "2/1/2017 00:00:00 AM" | select timestamp, sender,{$_.recipients} | export-csv c:\results.csv`

`Get-Mailbox | Search-Mailbox -SearchQuery "received >= 01/01/2017 AND received <= 02/01/2017) OR (sent >= 01/01/2017 AND sent <= 02/01/2017" -LogOnly -LogLevelFull`

If this is too technical, then the process can also be done with Excel without any additional software. The only requirement would be a permission set similar to the above commands.

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

From: Information Technology

Mr. Chapman,

Unfortunately, the information you provided did not help us to locate responsive records. Ultimately, your request requires the City to create a record that does not currently exist as the City keeps and retrieves its information. Our IT department cannot readily retrieve the information in the format you requested without additional augmentation of the software. The powershell one-liners you provided did not work to retrieve the requested record.

Sorry for the inconvenience. If you wish to alter your request, please let me know.

Thanks,

Zach
[cid:image001.jpg@01CC9E24.E62557C0]

Zach Southwood
Assistant City Solicitor
General Counsel Section
Law Department
513/352-3317 (office) | 513/352-1515 (fax)
Zach.Southwood@cincinnati-oh.gov<mailto:zach.southwood@cincinnati-oh.gov>

From: Matt Chapman

Could you provide some more information about why the powershell didn't work? The powershell I provided is fairly vanilla in that Exchange has had functionality to run those commands since 2010. My impression from your response is that little to no troubleshooting was done - something that is typically a core tenet of IT work. Furthermore, I'm not sure that "augmentation" is required in this case, especially considering the relative banality of what I'm requesting and how widespread the use of the commands are throughout the industry - in particular for ediscovery and litigation.

Some things could have happened to prevent the provided powershell from working:

1. A connection was not made to the exchange database. The IT dept. should ensure that they've created a connection prior to running the provided commands.
2. The retention policy does not have a retention policy that retains message tracking logs up to the provided timeframe. (Not relevant for the mailbox search cmd).
3. A typo in one of the one liners I provided. This ought to be easy to fix, and I can help.
4. The commands weren't available from where the server/PC that the commands were executed from. It is likely easier (but not required) to run the commands directly on the exchange server.
5. The user account did not have the correct privileges. Ensure that an admin, or similar, account is used.

This all said, there are other routes to extract the information that still require no exceptional work, nor production system changes. I'm not certain what email system you use, but if your agencies use Office 365, then there are even easier methods for retrieving the requested records. I can provide a step by step guide for Office 365.

For now, I kindly ask that the following documentation be forwarded to your IT department for their review:
https://docs.microsoft.com/en-us/powershell/module/exchange/mailboxes/search-mailbox?view=exchange-ps
https://docs.microsoft.com/en-us/powershell/module/exchange/mail-flow/get-messagetrackinglog?view=exchange-ps

Let me know if you would like any further documentation or tips. If it's helpful, I am always available for a phone call to discuss, or walk your IT department through any work. For what it's worth, I have ten years of systems administration experience in large, distributed infrastructures, and am very cognizant of what might be considered technically sensitive work. I can be reached at 312.721.7448.

Thanks and regards -
Matt Chapman
Free Our Info, NFP

From: Matt Chapman

Any updates or additional for this request?

Thanks in advance.
Matt Chapman

From: Information Technology

Mr. Chapman,

We are looking into this and working with our IT Department. I will get you an update as soon as I know more.

Thanks for your patience as we figure this out.

Zach

[cid:image001.jpg@01CC9E24.E62557C0]

Zach Southwood
Assistant City Solicitor
General Counsel Section
Law Department
513/352-3317 (office) | 513/352-1515 (fax)
Zach.Southwood@cincinnati-oh.gov<mailto:zach.southwood@cincinnati-oh.gov>

From: Information Technology

Mr. Chapman:

The City cannot provide responsive records for your request. Despite repeated attempts, our IT department was unable to retrieve the metadata from the City system as you requested. Further, the messagetrackinglog you reference is only for on-premises Exchange, which the City does not have. Our IT personnel attempted to run a query and export the report from the content search, but the .csv file was over 1tb. They also tried the powershell command 5 times for all mailboxes and it failed every time with no explanation. Your request is not for a simple retrieval of a single record, but is overbroad and amounts to a complete duplications of records.

If you wish to augment your request or make a new request, please let me know.

Thanks,

Zach

[cid:image001.jpg@01D56F06.F50A0860]

Zach Southwood
Assistant City Solicitor
General Counsel Section
Law Department
513/352-3317 (office) | 513/352-1515 (fax)
Zach.Southwood@cincinnati-oh.gov<mailto:zach.southwood@cincinnati-oh.gov>

NOTICE: This electronic mail transmission is for the use of the named individual or entity to which it is directed and may contain information that is privileged or confidential. It is not to be transmitted to or received by anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It is not to be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, delete it from your system without copying or forwarding it, and notify the sender of the error by replying via email or by calling the City of Cincinnati Law Department at (513) 352-3334, so that our address record can be corrected.

Files