North Dakota Department of Emergency Services (and North Dakota State and Local Intelligence Center) Social Media Surveillance

We have reviewed your request and am advising you that we believe this request to qualify as exempted and confidential records under: 1) Trade Secrets, Proprietary, Commercial, and Financial Information (NDCC 44-04-18.4 - confidential); 2) Computer Programs and Computer Passwords (NDCC 44-04-18.5 - exempted); and 3) Records Regarding Security of a Public Entity, Public Officials and the Public (44-04-27 - confidential)

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October 5, 2016
Department of Emergency Services
Fraine Barracks Lane - Building 35
PO Box 5511
Bismarck, ND 58504

To Whom It May Concern:

Pursuant to North Dakota Constitution, Article XI, Section 6, and the North Dakota Open Records Statute, N.D.C.C. § 44-04-18(1), 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 North Dakota Department of Emergency Services (and/or the North Dakota State and Local Intelligence Center);

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 North Dakota Department of Emergency Services (and/or the North Dakota State and Local Intelligence Center) 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 to access information from social media services.

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 would request your response within ten (10) business days.

Sincerely,

Christopher Thomas
Investigative Journalist, Unicorn Riot - an educational 501(c)(3) nonprofit
www.unicornriot.ninja<http://www.unicornriot.ninja>

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