BlueLeaks (Hayward Police Department)

Dear Emma Best,

The City of Hayward received a Public Records Act request from you on June 29, 2020. Your request mentioned: "To Whom It May Concern:

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

1. Documents mentioning, describing or generated in response to the BlueLeaks release, the preceding hack or subsequent fallout, including but not limited to:

* Damage assessments
* Emails
* Interagency communications (local, state, or federal)
* Communications with the press about BlueLeaks
* Communications with Twitter or other social media or sharing platforms

2. Documents mentioning or describing Distributed Denial of Secrets (DDoSecrets)

You may limit this request to records generated between November 1, 2018 and the present.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and the journalist non-profit MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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 calendar days, as the statute requires.

Sincerely,

Emma Best

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

Your request has been referred to the appropriate City staff for follow-up, and we will provide you with an email response by July 09, 2020. (If your request was received on a weekend or City Holiday, City staff will begin to process your request on the next open business day.)
In the interests of public health and controlling the spread of COVID-19, the City of Hayward is taking steps that include the modification or limiting of non-essential City services or access to certain facilities. Many staff members will be working from home and may not be readily available to research physical copies of records.

We will send available electronic records through this portal.  If you feel that the records provided do not fulfill your request, please let us know and we will continue our search for responsive documents once the declared State of Emergency has been lifted.

Thank you for your understanding during this difficult time.

Office of the City Clerk

RE: PUBLIC RECORDS REQUEST of June 29, 2020, Reference # P000119-062920.

Dear Emma Best,

The Hayward Police Department received a public information request from you on June 29, 2020. Your request mentioned:
"Pursuant to the California Public Records Act, I hereby request the following records:

1. Documents mentioning, describing or generated in response to the BlueLeaks release, the preceding hack or subsequent fallout, including but not limited to:

* Damage assessments
* Emails
* Interagency communications (local, state, or federal)
* Communications with the press about BlueLeaks
* Communications with Twitter or other social media or sharing platforms

2. Documents mentioning or describing Distributed Denial of Secrets (DDoSecrets)

You may limit this request to records generated between November 1, 2018 and the present."

After conducting a review of the matter pursuant to the PRA, the Hayward Police Department has determined that your request seeks documents and information which fall within an exemption to the PRA disclosure requirements since the request relates to an ongoing federal criminal/regulatory investigation: Government Code Section 6254(f).
If you have any questions, or wish to discuss this further, please contact the Public Records Desk at 510-293-7014.
Regards,
HAYWARD POLICE DEPARTMENT

Toney Chaplin, Chief of Police

By: ADP
Adam D Perez
Records Administrator
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