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RE: PETA Lawsuit Update and Requests for Information

NIH Hid Public Comments Package, pp.56-57 · nih_public_comments:email:00033

Page text: p.56, p.57 · original PDF

Date
2021-12-27 17:52
Type
email · email
cc
Crystal Spruill, Scott Prince, David Lankford, Renate Myles, Lydia Polimeni
sender
Sarah J. Imhoff
to
Amanda Fine, Anna Kern
Topics
Intelligence community assessmentsPublic comments and policy process

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This is a duplicate copy. Canonical version: nih_public_comments:email:00108

Hi team, I know some of you are out but I figured I would email the whole group the questions to see who is around and can answer a few questions this week. We are working on the next round of edits to the fact stipulation. Thank you very /OD) [E] > /OD) [E] Lankford, nate (NIH/OD) [E] limeni, Lydia 2PM much for your help! 1. The NIH Facebook and Instagram pages currently link to the privacy policy, https://www.nih.gov/about/privacy.htm. Would you have any concerns about adding a link on both pages to the comment moderation guidelines in addition to the privacy policy? *This is not a request yet, the DOJ is just weighing options.* 2. To prove the point that inflammatory comments may dissuade interested citizens from visiting the social media pages: Has the NIH received any complaints about animal rights comments on its social media pages? Has it received complaints about other comments that it considers to be "off-topic" or "inflammatory"? If so, do you have any specific proof or examples? 3. In your last response, you mentioned NIH has had some form of guidelines for moderating content since November 2012. Can you provide the guidance used prior to the March 30, 2015 guidelines were posted? 4. The Plaintiffs believe Facebook account holders can set the "level" of the profanity filter (weak/strong/etc.). What level has the NIH selected for its Facebook profanity filter? 5. During the relevant time period (Sep 2020 to now), has the NIH set any Facebook Live video-specific filtering? 6. On Facebook, is it possible that "non-animal" would be hidden because it contains the filtered word "animal"? Thank you, Sarah J. Imhoff, JD, MHSA Senior Attorney Office of the General Counsel Public Health Division, NIH Branch (direct) @nih.gov This e-mail message is intended for the exclusive use of the recipient(s) named above. It may contain information that is protected, privileged, or confidential, and it should not be disseminated, distributed, or copied to persons not authorized to receive such information. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think you have received this e-mail message in error, please notify the sender immediately.

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  1. 2021-12-22 18:52 Sarah J. Imhoff open
    Hi everyone, Happy holidays! I am following up from our last call. As an update, we just received another draft of the fact stipulation back from the Plaintiffs. It is now due to the court January 14, 2022 due to an extension request and we will be continuing to negotiate the facts with them over the next 3 weeks. I expect to have a few additional factual questions for you next week. In the meantime, I wanted to send you an answer to your question from our last call: Question: Could a decision in this case impact other NIH ICO social media accounts? Answer: It will likely not, because the case is limited to NIH's main Facebook and Instagram accounts. However, there is a small risk that a court may apply it more broadly if they rule for PETA. It is likely Plaintiffs will use broad wording in their briefs in order to have a wide scope to attack any policy that might apply NIH's main Facebook and Instagram pages. If a court rules for PETA, they may be ruling with that broad scope in mind and apply it to all of NIH and not the two specific accounts at issue. The DOJ has seen the court apply the decision more broadly than they should before. However, the DOJ has this scope on their radar and they will be sure to be extremely clear with the court that this concerns only the two social media pages, and if there was a ruling adverse to NIH it should be limited to these two pages only. This is why the DOJ sees a broader application to other NIH social media accounts as a small risk. Please let me know if you have any questions. Thank you, OD) [E] OD) [E] nate (NIH/OD) [E] OD) [E] nate (NIH/OD) [E] Lankford, limeni, Lydia Lankford, limeni, Lydia Sarah J. Imhoff, JD, MHSA Senior Attorney Office of the General Counsel Public Health Division, NIH Branch (direct) @nih.gov This e-mail message is intended for the exclusive use of the recipient(s) named above. It may contain information that is protected, privileged, or confidential, and it should not be disseminated, distributed, or copied to persons not authorized to receive such information. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think you have received this e-mail message in error, please notify the sender immediately.
  2. 2021-12-22 19:43 Amanda Fine open
    Hi Sarah- Thanks for the update! I'm out next week, but Renate will be in. Good news on the extended deadline! Have a great holiday season and a happy new year! Amanda
  3. 2021-12-22 19:43 Amanda Fine open
    Hi Sarah- Thanks for the update! I'm out next week, but Renate will be in. Good news on the extended deadline! Have a great holiday season and a happy new year! Amanda
  4. 2021-12-22 19:43 Amanda Fine open
    Hi Sarah- Thanks for the update! I'm out next week, but Renate will be in. Good news on the extended deadline! Have a great holiday season and a happy new year! Amanda
  5. 2021-12-27 17:52 Sarah J. Imhoff
    Hi team, I know some of you are out but I figured I would email the whole group the questions to see who is around and can answer a few questions this week. We are working on the next round of edits to the fact stipulation. Thank you very /OD) [E] > /OD) [E] Lankford, nate (NIH/OD) [E] limeni, Lydia 2PM much for your help! 1. The NIH Facebook and Instagram pages currently link to the privacy policy, https://www.nih.gov/about/privacy.htm. Would you have any concerns about adding a link on both pages to the comment moderation guidelines in addition to the privacy policy? *This is not a request yet, the DOJ is just weighing options.* 2. To prove the point that inflammatory comments may dissuade interested citizens from visiting the social media pages: Has the NIH received any complaints about animal rights comments on its social media pages? Has it received complaints about other comments that it considers to be "off-topic" or "inflammatory"? If so, do you have any specific proof or examples? 3. In your last response, you mentioned NIH has had some form of guidelines for moderating content since November 2012. Can you provide the guidance used prior to the March 30, 2015 guidelines were posted? 4. The Plaintiffs believe Facebook account holders can set the "level" of the profanity filter (weak/strong/etc.). What level has the NIH selected for its Facebook profanity filter? 5. During the relevant time period (Sep 2020 to now), has the NIH set any Facebook Live video-specific filtering? 6. On Facebook, is it possible that "non-animal" would be hidden because it contains the filtered word "animal"? Thank you, Sarah J. Imhoff, JD, MHSA Senior Attorney Office of the General Counsel Public Health Division, NIH Branch (direct) @nih.gov This e-mail message is intended for the exclusive use of the recipient(s) named above. It may contain information that is protected, privileged, or confidential, and it should not be disseminated, distributed, or copied to persons not authorized to receive such information. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think you have received this e-mail message in error, please notify the sender immediately.
  6. 2021-12-27 17:52 Sarah J. Imhoff open
    Hi team, I know some of you are out but I figured I would email the whole group the questions to see who is around and can answer a few questions this week. We are working on the next round of edits to the fact stipulation. Thank you very much for your help! 1. The NIH Facebook and Instagram pages currently link to the privacy policy, https://www.nih.gov/about/privacy.htm. Would you have any concerns about adding a link on both pages to the comment moderation guidelines in addition to the privacy policy? *This is not a request yet, the DOJ is just weighing options.* 2. To prove the point that inflammatory comments may dissuade interested citizens from visiting the social media pages: Has the NIH received any complaints about animal rights comments on its social media pages? Has it received complaints about other comments that it considers to be "off-topic" or "inflammatory"? If so, do you have any specific proof or examples? 3. In your last response, you mentioned NIH has had some form of guidelines for moderating content since November 2012. Can you provide the guidance used prior to the March 30, 2015 guidelines were posted? 4. The Plaintiffs believe Facebook account holders can set the "level" of the profanity filter (weak/strong/etc.). What level has the NIH selected for its Facebook profanity filter? 5. During the relevant time period (Sep 2020 to now), has the NIH set any Facebook Live video-specific filtering? 6. On Facebook, is it possible that "non-animal" would be hidden because it contains the filtered word "animal"? Thank you, Sarah J. Imhoff, JD, MHSA Senior Attorney Office of the General Counsel Public Health Division, NIH Branch (direct) @nih.gov This e-mail message is intended for the exclusive use of the recipient(s) named above. It may contain information that is protected, privileged, or confidential, and it should not be disseminated, distributed, or copied to persons not authorized to receive such information. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think you have received this e-mail message in error, please notify the sender immediately. OD) [E] OD) [E] nate (NIH/OD) [E] OD) [E] nate (NIH/OD) [E] Lankford, limeni, Lydia Lankford, limeni, Lydia
  7. 2021-12-27 17:52 Sarah J. Imhoff open
    Hi team, I know some of you are out but I figured I would email the whole group the questions to see who is around and can answer a few questions this week. We are working on the next round of edits to the fact stipulation. Thank you very much for your help! 1. The NIH Facebook and Instagram pages currently link to the privacy policy, https://www.nih.gov/about/privacy.htm. Would you have any concerns about adding a link on both pages to the comment moderation guidelines in addition to the privacy policy? *This is not a request yet, the DOJ is just weighing options.* 2. To prove the point that inflammatory comments may dissuade interested citizens from visiting the social media pages: Has the NIH received any complaints about animal rights comments on its social media pages? Has it received complaints about other comments that it considers to be "off-topic" or "inflammatory"? If so, do you have any specific proof or examples? 3. In your last response, you mentioned NIH has had some form of guidelines for moderating content since November 2012. Can you provide the guidance used prior to the March 30, 2015 guidelines were posted? 4. The Plaintiffs believe Facebook account holders can set the "level" of the profanity filter (weak/strong/etc.). What level has the NIH selected for its Facebook profanity filter? 5. During the relevant time period (Sep 2020 to now), has the NIH set any Facebook Live video-specific filtering? 6. On Facebook, is it possible that "non-animal" would be hidden because it contains the filtered word "animal"? Thank you, Sarah J. Imhoff, JD, MHSA Senior Attorney /OD) [E] OD) [E] nate (NIH/OD) [E] OD) [E] nate (NIH/OD) [E] Lankford, limeni, Lydia Lankford, limeni, Lydia Office of the General Counsel Public Health Division, NIH Branch (direct) @nih.gov This e-mail message is intended for the exclusive use of the recipient(s) named above. It may contain information that is protected, privileged, or confidential, and it should not be disseminated, distributed, or copied to persons not authorized to receive such information. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think you have received this e-mail message in error, please notify the sender immediately.
  8. 2021-12-29 11:16 Lydia Polimeni open
    Hi Sarah, Sorry for the delay, I was off yesterday Amanda and Anna are out this week but I can work on getting you answers to some of these; may not have it all until next week when I can consult with them however. Want to make sure the info is accurate! I hope that works. Thanks! Lydia Polimeni Office of Communications and Public Liaison Office of the Director, National Institutes of Health I @nih.gov
  9. 2021-12-29 11:16 Lydia Polimeni open
    Hi Sarah, Sorry for the delay, I was off yesterday Amanda and Anna are out this week but I can work on getting you answers to some of these; may not have it all until next week when I can consult with them however. Want to make sure the info is accurate! I hope that works. Thanks! Lydia Polimeni Office of Communications and Public Liaison Office of the Director, National Institutes of Health /OD) [E] Lankford, nate (NIH/OD) [E] limeni, Lydia I @nih.gov

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