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1 New York City Public Records Request, January 30, 2020 [1] (2020)

handle is hein.brennan/nycprrbc0001 and id is 1 raw text is: BRENNAN
CENTER
FOR JUSTICE
January 30, 2020
Re: Freedom of Information Law Request
Dear Sir or Madam:
This is a request under the New York Freedom of Information Law (FOIL), N.Y. Pub.
Off. Law §§ 86, 87, on behalf of the Brennan Center for Justice at NYU School of Law
(Brennan Center).
The Brennan Center seeks information relating to the New York City Police Department's
use of social media to collect information about individuals, groups, and activities,
described below as social media monitoring.
Background
In general, social media monitoring is a term describing the use of social media platforms
like Facebook, Twitter, and Instagram to gather information for purposes including, but
not limited to, identifying potential threats, reviewing breaking news, collecting
individuals' information, conducting criminal investigations and intelligence, and gauging
public sentiment. Social media monitoring can be conducted through individual, direct use
of social media platforms and their search functions (including via the use of a social media
account, either public or undercover), or through third-party monitoring tools that use
keywords, geographic locations, and data mining to identify trends and networks of
association.
The most recent publicly available social media use policy from the New York City Police
Department (NYPD or Department), which was produced in response to a 2015 FOIL
request, allows officers to use social media to aid investigations, including by using
fictional or undercover personas.1 The arrest of Jelani Henry on murder charges in 2012
demonstrates the Department's use of social media during investigations to identify
potential persons of interest via their friend and follower networks. Mr. Henry was arrested
based on his associations and pictures with members of a local crew.2 He spent two years
1See Chase Pashkowich, NYPD Online Surveillance, MUCKROCK, h /_ s://ww nvclock con/fonewyorLcitl-
I<nv pd-online-survei1ance4466/#file34 135 (last visited Oct. 29, 2019).
2 David Uberti, How Social-Media Surveillance of Teenagers Led to a New Kind of Policing, NATION (Apr. 19, 2019),
ha zs :/www.thenation.comlarticlefefferwlanedigitastreet-oo'.eview/ reviewin Sociolo ist Jeifre ILane s book
The Digital Street Ben Popper, How The NYPD Is Using Social Media To Put Harlem Teens Behind Bars, VERGE
(Dec. 10, 2014), h       e

Brennan Center for Justice at New York University School of Law
1140 Connecticut Ave., NW, Suite 1150 Washington, DC 20036

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