--- type: Conversation title: peta lawsuit update and requests for information description: "email conversation, 114 messages, 2021-12-01." tags: - conversation - email medium: email message_count: 114 started_at: "2021-12-01T11:43:00" ended_at: "2022-01-26T11:39:34" duration_seconds: 4838194 sources: - { id: nih_public_comments, resource: /sources/nih-public-comments.md, title: NIH Hid Public Comments Package, author: "process:senate-hsgac-release", last_modified: 2026-07-17 } generated: { by: randpaul-corpus-pipeline/1.0, at: "2026-08-01T12:42:27Z" } status: stable --- A email conversation of 114 messages spanning 1343h 56m. # Metadata - **Started:** 2021-12-01T11:43:00 - **Ended:** 2022-01-26T11:39:34 - **Duration:** 1343h 56m - **Participants:** 23 - **Source:** [nih_public_comments](/sources/nih-public-comments.md) - **Pages:** 2-115 # Participants * Amanda * Amanda A Fine * [Amanda Fine](/people/amanda-fine.md) * Anna * Anna * Anna * [Anna Kern](/people/anna-kern.md) * [Crystal Spruill](/people/crystal-spruill.md) * David L Lankford * [David Lankford](/people/david-lankford.md) * Fine * [Haley Spencer](/people/haley-spencer.md) * Kern * Kern * Kern * Lydia * Lydia * Lydia L * [Lydia Polimeni](/people/lydia-polimeni.md) * Myles * Myles * Polimeni * Polimeni * Polimeni * Renate * Renate * [Renate Myles](/people/renate-myles.md) * [Sarah J. Imhoff](/people/sarah-j-imhoff.md) * Sarah S Imhoff * [Scott Prince](/people/scott-prince.md) # Transcript **[2021-12-01T11:43:00] Sarah J. Imhoff:** Hi everyone, I had a call with DOJ yesterday and am writing to answer questions from the last call, provide an update as to next steps and ask for some additional information. I thought it would be helpful to have this all in writing, but if you would like to have a call to discuss please let me know. The DOJ unfortunately needs the additional information ASAP, so if you could provide it by tomorrow that would be very helpful. As a first matter, we'd like to know who is the ultimate decision-maker for the team. There is a policy decision to be made, as described below, and we want to ensure the appropriate person is looped in and making the decision. Questions from Last Call 1. Should NIH… **[2021-12-01T11:43:00] Sarah J. Imhoff:** Hi everyone, I had a call with DOJ yesterday and am writing to answer questions from the last call, provide an update as to next steps and ask for some additional information. I thought it would be helpful to have this all in writing, but if you would like to have a call to discuss please let me know. The DOJ unfortunately needs the additional information ASAP, so if you could provide it by tomorrow that would be very helpful. As a first matter, we'd like to know who is the ultimate decision-maker for the team. There is a policy decision to be made, as described below, and we want to ensure the appropriate person is looped in and making the decision. Questions from Last Call 1. Should NIH… **[2021-12-01T11:43:00] Sarah J. Imhoff:** Hi everyone, I had a call with DOJ yesterday and am writing to answer questions from the last call, provide an update as to next steps and ask for some additional information. I thought it would be helpful to have this all in writing, but if you would like to have a call to discuss please let me know. The DOJ unfortunately needs the additional information ASAP, so if you could provide it by tomorrow that would be very helpful. As a first matter, we'd like to know who is the ultimate decision-maker for the team. There is a policy decision to be made, as described below, and we want to ensure the appropriate person is looped in and making the decision. Questions from Last Call 1. Should NIH… **[2021-12-01T11:43:00] Sarah J. Imhoff:** Hi everyone, I had a call with DOJ yesterday and am writing to answer questions from the last call, provide an update as to next steps and ask for some additional information. I thought it would be helpful to have this all in writing, but if you would like to have a call to discuss please let me know. The DOJ unfortunately needs the additional information ASAP, so if you could provide it by tomorrow that would be very helpful. As a first matter, we'd like to know who is the ultimate decision-maker for the team. There is a policy decision to be made, as described below, and we want to ensure the appropriate person is looped in and making the decision. Questions from Last Call iieve its… **[2021-12-01T11:46:00] Amanda Fine:** ; ieni, Lydia ) () /OD) (€] Lankford, Thanks, Sarah! We'll take a look and try to get you answers. I'm out tomorrow and Friday, and we're handling the POTUS visit tomorrow, so we're completely underwater. Is there any possibility for us to get back to you by COB Monday? I know it's longer than ideal, but just want to make sure we are able to give this the attention it needs. Thanks! Amanda **[2021-12-01T11:46:00] Amanda Fine:** Thanks, Sarah! We'll take a look and try to get you answers. I'm out tomorrow and Friday, and we're handling the POTUS visit tomorrow, so we're completely underwater. Is there any possibility for us to get back to you by COB Monday? I know it's longer than ideal, but just want to make sure we are able to give this the attention it needs. Thanks! Amanda **[2021-12-01T11:46:00] Amanda Fine:** Thanks, Sarah! We'll take a look and try to get you answers. I'm out tomorrow and Friday, and we're handling the POTUS visit tomorrow, so we're completely underwater. Is there any possibility for us to get back to you by COB Monday? I know it's longer than ideal, but just want to make sure we are able to give this the attention it needs. Thanks! Amanda **[2021-12-01T11:55:00] Sarah J. Imhoff:** Hi Amanda, Wow of course! I'll check with DOJ on timeline. I know they thought if we were going to make the deadline we'd need to get a draft back to PETA by the weekend... but they were already thinking we wouldn't make it since PETA got us their draft later than they promised....I know its super short notice. I'll touch base with them to see if they can get started on an extension request today to get us some additional time. Thanks, 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,… **[2021-12-01T11:55:00] Sarah J. Imhoff:** Hi Amanda, Wow of course! I'll check with DOJ on timeline. I know they thought if we were going to make the deadline we'd need to get a draft back to PETA by the weekend... but they were already thinking we wouldn't make it since PETA got us their draft later than they promised....I know its super short notice. I'll touch base with them to see if they can get started on an extension request today to get us some additional time. Thanks, 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,… **[2021-12-01T11:55:00] Sarah J. Imhoff:** Hi Amanda, Wow of course! I'll check with DOJ on timeline. I know they thought if we were going to make the deadline we'd need to get a draft back to PETA by the weekend... but they were already thinking we wouldn't make it since PETA got us their draft later than they promised....I know its super short notice. I'll touch base with them to see if they can get started on an extension request today to get us some additional time. Thanks, Sarah J. Imhoff, JD, MHSA Senior Attorney ) (e] 00) I -- > 00) I eni, Lydia Lankford, ieni, Lydia Lankford, Office of the General Counsel Public Health Division, NIH Branch (direct) @nih.gov This e-mail message is intended for the… **[2021-12-01T11:55:00] Sarah J. Imhoff:** Hi Amanda, 00) (I » 00) i ) > 00) eni, Lydia Lankford, ieni, Lydia Lankford, Wow of course! I'll check with DOJ on timeline. I know they thought if we were going to make the deadline we'd need to get a draft back to PETA by the weekend... but they were already thinking we wouldn't make it since PETA got us their draft later than they promised....I know its super short notice. I'll touch base with them to see if they can get started on an extension request today to get us some additional time. Thanks, 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… **[2021-12-01T11:59:00] Amanda Fine:** Thanks Sarah! Much much appreciated. **[2021-12-01T11:59:00] Amanda Fine:** Thanks Sarah! Much much appreciated. **[2021-12-01T11:59:00] Amanda Fine:** Thanks Sarah! Much much appreciated. **[2021-12-01T11:59:00] Amanda Fine:** Thanks Sarah! Much much appreciated. **[2021-12-02T12:42:00] Sarah J. Imhoff:** Hi everyone, Plaintffs agreed to an extension, so COB Monday works well for getting the additional information back to us. Thanks so much, Sarah J. Imhoff, JD, MHSA 6 AM ) Ce] 00) ae pe > 00) 00) (I eni, Lydia Lankford, eni, Lydia Lankford, eni, Lydia 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… **[2021-12-02T12:42:00] Sarah J. Imhoff:** Hi everyone, Plaintffs agreed to an extension, so COB Monday works well for getting the additional information back to us. Thanks so much, Sarah J. Imhoff, JD, MHSA Senior Attorney /OD) [E] ~ eni, Lydia > ) (e] /OD) [€] Lankford, /OD) [E] ~ eni, Lydia > ) (e] 00) (I ) 00) () i > 00) ieni, Lydia Lankford, eni, Lydia Lankford, ieni, Lydia Lankford, **[2021-12-03T12:36:00] Anna Kern:** Hi Sarah, » ) 00) () 00) (] a 00) () i > 00) ieni, Lydia Lankford, eni, Lydia Lankford, ieni, Lydia Lankford, Thanks so much for the extension. We did want to update and let you know that we have removed the filters you mentioned below on Facebook and Instagram today, so you can give the date of 12/3/21 to DOJ as when the filters were removed. Thanks! Anna **[2021-12-03T13:10:00] Sarah J. Imhoff:** Hi Anna, Thanks so much for the update. To clarify, what was your group's decision on the Instagram filters #stopanimaltesting; #stoptesting; and #stoptestingonanimals? If you don't have a decision on those filters yet, that is fine. 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… **[2021-12-03T13:10:00] Sarah J. Imhoff:** Hi Anna, Thanks so much for the update. To clarify, what was your group's decision on the Instagram filters #stopanimaltesting; #stoptesting; and #stoptestingonanimals? If you don't have a decision on those filters yet, that is fine. 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… **[2021-12-03T13:14:00] Anna Kern:** Hi Sarah, We don't have a decision on those quite yet, we just removed "peta" and "petalatino" for now. Hoping to have a decision on Monday. Thanks! Anna **[2021-12-03T13:14:00] Anna Kern:** Hi Sarah, We don't have a decision on those quite yet, we just removed "peta" and "petalatino" for now. Hoping to have a decision on Monday. Thanks! Anna **[2021-12-03T13:14:00] Anna Kern:** Hi Sarah, We don't have a decision on those quite yet, we just removed "peta" and "petalatino" for now. Hoping to have a decision on Monday. Thanks! Anna **[2021-12-03T13:16:00] Sarah J. Imhoff:** Great, thanks so much Anna! Sarah J. Imhoff, JD, MHSA Senior Attorney Office of the General Counsel Public Health Division, NIH Branch 00 (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. **[2021-12-03T13:16:00] Sarah J. Imhoff:** Great, thanks so much Anna! 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. **[2021-12-03T13:16:00] Sarah J. Imhoff:** Great, thanks so much Anna! 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. **[2021-12-03T13:16:00] Sarah J. Imhoff:** Great, thanks so much Anna! 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 oo) (¢] oe /OD) [.] : 00) oo) (¢] oe Lankford, Lankford, Lankford, 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… **[2021-12-06T18:31:00] Anna Kern:** Hi Sarah, Since there were quite a few questions and requests for screenshots, we have compiled our responses in the attached word doc. Our answers to your questions are highlighted in yellow. Please let us know if you have any questions regarding the responses. We have two main questions for you and DOJ: 1. Can the chief policy maker just be NIH or do we have to name a specific person? We'd prefer to not name a specific person given the history of PETA sharing people's personal information with their supporters. OGC- David Lankford and I- would like to know the ultimate NIH decision-maker for this lawsuit. The person's name will not be given to Plaintiffs and is for our own internal… **[2021-12-06T18:31:00] Anna Kern:** Hi Sarah, Since there were quite a few questions and requests for screenshots, we have compiled our responses in the attached word doc. Our answers to your questions are highlighted in yellow. Please let us know if you have any questions regarding the responses. We have two main questions for you and DOJ: 1. Can the chief policy maker just be NIH or do we have to name a specific person? We'd prefer to not name a specific person given the history of PETA sharing people's personal information with their supporters. OGC- David Lankford and I- would like to know the ultimate NIH decision-maker for this lawsuit. The person's name will not be given to Plaintiffs and is for our own internal… **[2021-12-06T18:31:00] Anna Kern:** Hi Sarah, Since there were quite a few questions and requests for screenshots, we have compiled our responses in the attached word doc. Our answers to your questions are highlighted in yellow. Please let us know if you have any questions regarding the responses. We have two main questions for you and DOJ: 1. Can the chief policy maker just be NIH or do we have to name a specific person? We'd prefer to not name a specific person given the history of PETA sharing people's personal information with their supporters. OGC- David Lankford and I- would like to know the ultimate NIH decision-maker for this lawsuit. The person's name will not be given to Plaintiffs and is for our own internal… **[2021-12-06T19:07:00] Sarah J. Imhoff:** Hi Anna and team, Thank you so much! This is extremely helpful. I will work with DOJ on incorporating this information into the facts. Please see my responses below in red. After all your work, I already have a request for follow-up. The draft stipulation of facts we received from the Plaintiffs included a number of examples of specific comments that were hidden from NIH's Facebook and Instagram. They attribute these hidden comments to NIH's Facebook and Instagram filter lists. Interestingly, we have discovered that the HHS Facebook comments plaintiffs mention were likely filtered through Facebook's own spam filter, as HHS does not filter "monkey" from its Facebook comments (as a reminder,… **[2021-12-06T19:07:00] Sarah J. Imhoff:** Hi Anna and team, Thank you so much! This is extremely helpful. I will work with DOJ on incorporating this information into the facts. Please see my responses below in red. After all your work, I already have a request for follow-up. The draft stipulation of facts we received from the Plaintiffs included a number of examples of specific comments that were hidden from NIH's Facebook and Instagram. They attribute these hidden comments to NIH's Facebook and Instagram filter lists. Interestingly, we have discovered that the HHS Facebook comments plaintiffs mention were likely filtered through Facebook's own spam filter, as HHS does not filter "monkey" from its Facebook comments (as a reminder,… **[2021-12-06T19:07:00] Sarah J. Imhoff:** Hi Anna and team, Thank you so much! This is extremely helpful. I will work with DOJ on incorporating this information into the facts. Please see my responses below in red. After all your work, I already have a request for follow-up. The draft stipulation of facts we received from the Plaintiffs included a number of examples of specific comments that were hidden from NIH's Facebook and Instagram. They attribute these hidden comments to NIH's Facebook and Instagram filter lists. Interestingly, we have discovered that the HHS Facebook comments plaintiffs mention were likely filtered through Facebook's own spam filter, as HHS does not filter "monkey" from its Facebook comments (as a reminder,… **[2021-12-06T21:52:00] Sarah J. Imhoff:** Hi team, I also reviewed the document you sent over and have a few follow-up responses/questions: 1. For the Instagram filters #stopanimaltesting, #stoptesting, and #stoptestingonanimals, NIH chose option #1- . Remove the above filters and use a different neutral keyword hashtag to achieve the same effect to help stop the barrage of comments from PETA, such as #testing or #animals, if this would work. You asked "Can we add filters in the future as long as they're neutral?" Answer- As things currently stand with our litigation strategy, NIH can add neutral filters now and in the future. If the court issues an injunction based on a ruling that NIH's social media pages are designated public… **[2021-12-06T21:52:00] Sarah J. Imhoff:** Hi team, I also reviewed the document you sent over and have a few follow-up responses/questions: 1. For the Instagram filters #stopanimaltesting, #stoptesting, and #stoptestingonanimals, NIH chose option #1- . Remove the above filters and use a different neutral keyword hashtag to achieve the same effect to help stop the barrage of comments from PETA, such as #testing or #animals, if this would work. You asked "Can we add filters in the future as long as they're neutral?" Answer- As things currently stand with our litigation strategy, NIH can add neutral filters now and in the future. If the court issues an injunction based on a ruling that NIH's social media /OD) a a Lankford, ne, Amanda… **[2021-12-06T21:52:00] Sarah J. Imhoff:** Hi team, I also reviewed the document you sent over and have a few follow-up responses/questions: 1. For the Instagram filters #stopanimaltesting, #stoptesting, and #stoptestingonanimals, NIH chose option #1- . Remove the above filters and use a different neutral keyword hashtag to achieve the same effect to help stop the barrage of comments from PETA, such as #testing or #animals, if this would work. You asked "Can we add filters in the future as long as they're neutral?" Answer- As things currently stand with our litigation strategy, NIH can add neutral filters now and in the future. If the court issues an injunction based on a ruling that NIH's social media pages are designated public… **[2021-12-06T21:52:00] Sarah J. Imhoff:** Hi team, I also reviewed the document you sent over and have a few follow-up responses/questions: 1. For the Instagram filters #stopanimaltesting, #stoptesting, and #stoptestingonanimals, NIH chose option #1- . Remove the above filters and use a different neutral keyword hashtag to achieve the same effect to help stop the barrage of comments from PETA, such as #testing or #animals, if this would work. You asked "Can we add filters in the future as long as they're neutral?" Answer- As things currently stand with our litigation strategy, NIH can add neutral filters now and in the future. If the court issues an injunction based on a ruling that NIH's social media pages are designated public… **[2021-12-08T18:32:00] Sarah J. Imhoff:** Hi, I want to clarify my answer below to #1. I just heard from DOJ that they'd prefer holding on adding any new keywords to the filter list for right now. It would be easier to just litigate with the universe we have, rather than change the facts at a later stage. However, our fact stipulation will expressly reserve the right for NIH to add content neutral keyword filters to capture posts that violate the comment guidelines in the future. Please let me know if you have any further questions about this point. 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… **[2021-12-08T18:32:00] Sarah J. Imhoff:** Hi, I want to clarify my answer below to #1. I just heard from DOJ that they'd prefer holding on adding any new keywords to the filter list for right now. It would be easier to just litigate with the universe we have, rather than change the facts at a later stage. However, our fact stipulation will expressly reserve the right for NIH to add content neutral keyword filters to capture posts that violate the comment guidelines in the future. Please let me know if you have any further questions about this point. 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… **[2021-12-08T18:32:00] Sarah J. Imhoff:** Hi, I want to clarify my answer below to #1. I just heard from DOJ that they'd prefer holding on adding any new keywords to the filter list for right now. It would be easier to just litigate with the universe we have, rather than change the facts at a later stage. However, our fact stipulation will expressly reserve the right for NIH to add content neutral keyword filters to capture posts that violate the comment guidelines in the future. Please let me know if you have any further questions about this point. 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… **[2021-12-08T18:32:00] Sarah J. Imhoff:** Hi, I want to clarify my answer below to #1. I just heard from DOJ that they'd prefer holding on adding any new keywords to the filter list for right now. It would be easier to just litigate with the universe we have, rather than change the facts at a later stage. However, our fact stipulation will expressly reserve the right for NIH to add content neutral keyword filters to capture posts that violate the comment guidelines in the future. Please let me know if you have any further questions about this point. Thank you, Sarah J. Imhoff, JD, MHSA Senior Attorney Office of the General Counsel /OD) a a Lankford, ne, Amanda > Public Health Division, NIH Branch (direct) @nih.gov This e-mail… **[2021-12-08T20:57:00] Amanda Fine:** Hi Sarah- So sorry for writing late. Crazy week for us! A call would be great, but we have another crazy day tomorrow and the best time that will work is 12:30-1pm. Will that work for you all as well? I'm attaching our responses to your comments in the stipulations document. I've included the answers to your questions below (highlighted). To answer your question about the key policy decision maker: that would be Renate. In terms of who has the most information to talk through the stipulation--that would be all of the OCPL people on this email. We each have different pieces of the information. My take away from the below explanation is that if we want to continue to moderate off topic… **[2021-12-08T20:57:00] Amanda Fine:** Hi Sarah- So sorry for writing late. Crazy week for us! A call would be great, but we have another crazy day tomorrow and the best time that will work is 12:30-1pm. Will that work for you all as well? I'm attaching our responses to your comments in the stipulations document. I've included the answers to your questions below (highlighted). To answer your question about the key policy decision maker: that would be Renate. In terms of who has the most information to talk through the stipulation--that would be all of the OCPL people on this email. We each have different pieces of the information. My take away from the below explanation is that if we want to continue to moderate off topic… **[2021-12-08T20:57:00] Amanda Fine:** Hi Sarah- So sorry for writing late. Crazy week for us! A call would be great, but we have another crazy day tomorrow and the best time that will work is 12:30-1pm. Will that work for you all as well? I'm attaching our responses to your comments in the stipulations document. I've included the answers to your questions below (highlighted). To answer your question about the key policy decision maker: that would be Renate. In terms of who has the most information to talk through the stipulation--that would be all of the OCPL people on this email. We each have different pieces of the information. My take away from the below explanation is that if we want to continue to moderate off topic… **[2021-12-08T22:57:00] Sarah J. Imhoff:** Hi Amanda, Thank you very much. I'm not sure we can get through everything in 30 minutes, but we can try. Lets tentatively set from 12:30-1pm. As to your comment that you haven't stopped the Instagram filters #stopanimaltesting, #stoptesting, and #stoptestingonanimals yet, can you please double check to confirm these are still on the list? I just checked NIH's most recent Instagram posts from my own personal Instagram account and I see #stoptestingonanimals and #stopanimaltesting comments. If this is still on the filter list, then this adds confusion as to why these comments are not hidden. For example, I see a #stoptestingonanimals on the December 3rd post about the POTUS briefing and on… **[2021-12-08T22:57:00] Sarah J. Imhoff:** Hi Amanda, Thank you very much. I'm not sure we can get through everything in 30 minutes, but we can try. Lets tentatively set from 12:30-1pm. As to your comment that you haven't stopped the Instagram filters #stopanimaltesting, #stoptesting, and #stoptestingonanimals yet, can you please double check to confirm these are still on the list? I just checked NIH's most recent Instagram posts from my own personal Instagram account and I see #stoptestingonanimals and #stopanimaltesting comments. If this is still on the filter list, then this adds confusion as to why these comments are not hidden. For example, /OD) [E] > /OD) [E] Lankford, nate (NIH/OD) [E] limeni, Lydia I see a… **[2021-12-08T22:57:00] Sarah J. Imhoff:** Hi Amanda, Thank you very much. I'm not sure we can get through everything in 30 minutes, but we can try. Lets tentatively set from 12:30-1pm. As to your comment that you haven't stopped the Instagram filters #stopanimaltesting, #stoptesting, and #stoptestingonanimals yet, can you please double check to confirm these are still on the list? I just checked NIH's most recent Instagram posts from my own personal Instagram account and I see #stoptestingonanimals and #stopanimaltesting comments. If this is still on the filter list, then this adds confusion as to why these comments are not hidden. For example, I see a #stoptestingonanimals on the December 3rd post about the POTUS briefing and on… **[2021-12-08T22:57:00] Sarah J. Imhoff:** Hi Amanda, Thank you very much. I'm not sure we can get through everything in 30 minutes, but we can try. Lets tentatively set from 12:30-1pm. As to your comment that you haven't stopped the Instagram filters #stopanimaltesting, #stoptesting, and #stoptestingonanimals yet, can you please double check to confirm these are still on the list? I just checked NIH's most recent Instagram posts from my own personal Instagram account and I see #stoptestingonanimals and #stopanimaltesting comments. If this is still on the filter list, then this adds confusion as to why these comments are not hidden. For example, I see a #stoptestingonanimals on the December 3rd post about the POTUS briefing and on… **[2021-12-08T23:24:00] Sarah J. Imhoff:** /OD) [E] Lankford, >; Polimeni, Hi everyone, I apologize for the confusion- my comments about the effect of losing the lawsuit - specifically the last two sentences of my prior email- need to be modified after further discussion with DOJ (yes at 11pm). I struck these sentences out below. The effect of NIH losing the lawsuit depends on how the Judge ultimately chooses to frame the injunction. It is more likely than not that the injunction would specifically target (i) the animal-testing filters and/or (ii) all efforts to target animal testing comments. Of course, there's always a chance that a Judge can issue a broad injunction that, say, concludes that the NIH social media pages are public… **[2021-12-08T23:24:00] Sarah J. Imhoff:** Hi everyone, I apologize for the confusion- my comments about the effect of losing the lawsuit - specifically the last two sentences of my prior email- need to be modified after further discussion with DOJ (yes at 11pm). I struck these sentences out below. The effect of NIH losing the lawsuit depends on how the Judge ultimately chooses to frame the injunction. It is more likely than not that the injunction would specifically target (i) the animal-testing filters and/or (ii) all efforts to target animal testing comments. Of course, there's always a chance that a Judge can issue a broad injunction that, say, concludes that the NIH social media pages are public forums, and that no… **[2021-12-08T23:24:00] Sarah J. Imhoff:** Hi everyone, I apologize for the confusion- my comments about the effect of losing the lawsuit - specifically the last two sentences of my prior email- need to be modified after further discussion with DOJ (yes at 11pm). I struck these sentences out below. The effect of NIH losing the lawsuit depends on how the Judge ultimately chooses to frame the injunction. It is more likely than not that the injunction would specifically target (i) the animal-testing filters and/or (ii) all efforts to target animal testing comments. Of course, there's always a chance that a Judge can issue a broad injunction that, say, concludes that the NIH social media pages are public forums, and that no… **[2021-12-08T23:24:00] Sarah J. Imhoff:** Hi everyone, I apologize for the confusion- my comments about the effect of losing the lawsuit - specifically the last two sentences of my prior email- need to be modified after further discussion with DOJ (yes at 11pm). I struck these sentences out below. The effect of NIH losing the lawsuit depends on how the Judge ultimately chooses to frame the injunction. It is more likely than not that the injunction would specifically target (i) the animal-testing filters and/or (ii) all efforts to target animal testing comments. Of course, there's always a chance that a Judge can issue a broad injunction that, say, concludes that the NIH social media pages are public forums, and that no… **[2021-12-08T23:28:00] Amanda Fine:** Hi Sarah- Thank you for responding at such a late hour! Looking forward to talking through this tomorrow. Speak tomorrow, Amanda /OD) [E] Lankford, nate (NIH/OD) [E] limeni, Lydia > /OD) [E] Lankford, >; Polimeni, **[2021-12-08T23:28:00] Amanda Fine:** Hi Sarah- Thank you for responding at such a late hour! Looking forward to talking through this tomorrow. Speak tomorrow, Amanda **[2021-12-08T23:28:00] Amanda Fine:** Hi Sarah- Thank you for responding at such a late hour! Looking forward to talking through this tomorrow. Speak tomorrow, Amanda **[2021-12-22T18:52:00] Sarah J. Imhoff:** 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… **[2021-12-22T18:52:00] Sarah J. Imhoff:** 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… **[2021-12-22T19:43:00] Amanda Fine:** 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 **[2021-12-22T19:43:00] Amanda Fine:** 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 **[2021-12-22T19:43:00] Amanda Fine:** 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 **[2021-12-27T17:52:00] 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… **[2021-12-27T17:52:00] 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 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… **[2021-12-27T17:52:00] 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 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… **[2021-12-29T11:16:00] Lydia Polimeni:** 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 **[2021-12-29T11:16:00] Lydia Polimeni:** 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 **[2021-12-29T11:16:00] Lydia Polimeni:** /OD) [E] nate (NIH/OD) [E] Lankford, limeni, Lydia 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 **[2021-12-29T11:47:00] Sarah J. Imhoff:** 00) /OD) [E] Lankford, nate (NIH/OD) [E] > /OD) [ nate (NIH/OD) [E] > E] Lankford, limeni, Lydia Hi Lydia, Thanks for your response. We need to get a draft back to the Plaintiffs early next week, so that is fine but if there is any way I could have the answers back Monday COB or Tuesday am that would be ideal. 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… **[2021-12-29T11:47:00] Sarah J. Imhoff:** Hi Lydia, Thanks for your response. We need to get a draft back to the Plaintiffs early next week, so that is fine but if there is any way I could have the answers back Monday COB or Tuesday am that would be ideal. 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,… **[2021-12-29T11:47:00] Sarah J. Imhoff:** Hi Lydia, Thanks for your response. We need to get a draft back to the Plaintiffs early next week, so that is fine but if there is any way I could have the answers back Monday COB or Tuesday am that would be ideal. 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,… **[2022-01-03T12:57:00] Anna Kern:** Hi Sarah, Most of us are back in the office, so we will aim to have these answers to you by COB today. Thanks! Anna **[2022-01-03T12:57:00] Anna Kern:** Hi Sarah, Most of us are back in the office, so we will aim to have these answers to you by COB today. Thanks! Anna **[2022-01-03T18:14:00] Anna Kern:** Hi Sarah, Thanks for your patience on these! Still trying to track down number 3 - will have an update for you tomorrow. Thanks! 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.* Not at all, this would be ok with us. 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… **[2022-01-03T18:14:00] Anna Kern:** Hi Sarah, Thanks for your patience on these! Still trying to track down number 3 - will have an update for you tomorrow. Thanks! 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.* Not at all, this would be ok with us. 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… **[2022-01-03T18:14:00] Anna Kern:** Hi Sarah, Thanks for your patience on these! Still trying to track down number 3 - will have an update for you tomorrow. Thanks! 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.* Not at all, this would be ok with us. 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… **[2022-01-14T09:22:00] Sarah J. Imhoff:** Hi everyone, I have two additional follow-up questions from the DOJ: 1. Were the twitter posts on the 10/3/14 discussion on brain health linked below posted directly on NIH's Twitter account main page? Or was there a separate "chat" where these were posted? Plaintiffs want to know if anyone that went to the NIH's twitter account during that time would have seen those posts. 2. Are you aware of complaints we've received against other types of posts, unrelated to animal testing? E.g., posts concerning Dr. Fauci, or posts concerning vaccine misinformation? I know I've asked this before, but Plaintiffs specifically want to know if the complaints NIH receives are really focused on PETA, or if… **[2022-01-14T09:22:00] Sarah J. Imhoff:** Hi everyone, I have two additional follow-up questions from the DOJ: 1. Were the twitter posts on the 10/3/14 discussion on brain health linked below posted directly on NIH's Twitter account main page? Or was there a separate "chat" where these were posted? Plaintiffs want to know if anyone that went to the NIH's twitter account during that time would have seen those posts. /OD) [ Lankford, nate (NIH/OD) [E] limeni, Lydia ) a (Animal 2. Are you aware of complaints we've received against other types of posts, unrelated to animal testing? E.g., posts concerning Dr. Fauci, or posts concerning vaccine misinformation? I know I've asked this before, but Plaintiffs specifically want to know if… **[2022-01-14T12:56:00] Anna Kern:** Hi Sarah, Sure - we can get those answers to you by COB today. Thanks! Anna **[2022-01-14T12:56:00] Anna Kern:** Hi Sarah, Sure - we can get those answers to you by COB today. Thanks! Anna **[2022-01-14T12:56:00] Anna Kern:** Hi Sarah, Sure - we can get those answers to you by COB today. Thanks! Anna **[2022-01-18T11:32:00] Sarah J. Imhoff:** Hi Anna, Is there any way you could get these answers to me by COB today? Thanks. I received a little more information on the Twitter question: Plaintiffs are arguing that the relevant Twitter posts took place on the animal rights activists' own Twitter accounts; according to Plaintiffs, those Twitter posts did not take place on NIH's page. My understanding is that, perhaps, those activists "tagged" NIH's Twitter handle, which caused their comments to appear on NIH's Twitter page. Is that correct? Thanks, Sarah J. Imhoff, JD, MHSA Senior Attorney Office of the General Counsel Public Health Division, NIH Branch (direct) @nih.gov /OD) [ nate (NIH/OD) [E] )E) as /OD) [ nate (NIH/OD) [E] )E)… **[2022-01-18T11:32:00] Sarah J. Imhoff:** Hi Anna, OD) [ nate (NIH/OD) [E] )E) OD) [ nate (NIH/OD) [E] )) Lankford, limeni, Lydia Lankford, limeni, Lydia Is there any way you could get these answers to me by COB today? Thanks. I received a little more information on the Twitter question: Plaintiffs are arguing that the relevant Twitter posts took place on the animal rights activists' own Twitter accounts; according to Plaintiffs, those Twitter posts did not take place on NIH's page. My understanding is that, perhaps, those activists "tagged" NIH's Twitter handle, which caused their comments to appear on NIH's Twitter page. Is that correct? Thanks, Sarah J. Imhoff, JD, MHSA Senior Attorney Office of the General Counsel Public… **[2022-01-18T11:32:00] Sarah J. Imhoff:** Hi Anna, Is there any way you could get these answers to me by COB today? Thanks. I received a little more information on the Twitter question: Plaintiffs are arguing that the relevant Twitter posts took place on the animal rights activists' own Twitter accounts; according to Plaintiffs, those Twitter posts did not take place on NIH's page. My understanding is that, perhaps, those activists "tagged" NIH's Twitter handle, which caused their comments to appear on NIH's Twitter page. Is that correct? Thanks, 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… **[2022-01-18T11:44:00] Anna Kern:** Hi Sarah, Yes - we'll get you those answers by COB. We'll elaborate in our response, but yes - while those activists posted from their own Twitter accounts, they tagged @NIH and used the NIH designated hashtag for the chat #NIHChat to ensure their responses appeared in the chat feed, so those comments did take place on a hashtag that NIH created. In addition to the activists, PETA tagged NIH and used the hashtag as well. Thanks, Anna **[2022-01-18T11:44:00] Anna Kern:** Hi Sarah, Yes - we'll get you those answers by COB. We'll elaborate in our response, but yes - while those activists posted from their own Twitter accounts, they tagged @NIH and used the NIH designated hashtag for the chat #NIHChat to ensure their responses appeared in the chat feed, so those comments did take place on a hashtag that NIH created. In addition to the activists, PETA tagged NIH and used the hashtag as well. Thanks, Anna **[2022-01-18T11:44:00] Anna Kern:** Hi Sarah, Yes - we'll get you those answers by COB. We'll elaborate in our response, but yes - while those activists posted from their own Twitter accounts, they tagged @NIH and used the NIH designated hashtag for the chat #NIHChat to ensure their responses appeared in the chat feed, so those comments did take place on a hashtag that NIH created. In addition to the activists, PETA tagged NIH and used the hashtag as well. Thanks, OD) [ nate (NIH/OD) [E] )) OD) [ nate (NIH/OD) [E] )) 2 AM > /OD) [ Renate (NIH/OD) [E] 00) () ; Polimeni, /OD) [E] You cannot post to someone's page on Twitter in the same way you can on Facebook. On Twitter, you can either reply to someone's tweet (aka tweet thread) or tweet under an established hashtag. The hashtag is a way to filter and organize tweets across Twitter by creating a feed with only… **[2022-01-24T17:09:00] Sarah J. Imhoff:** Hi Anna, Thanks so much! We are getting close to finalizing the fact stipulation. Hopefully by Friday but possibly next week if necessary. I have one needed clarification about Twitter, and would like your team to review some language about manual moderation to see if you have any feedback or edits. We initially did not want to include any detail about manual moderation, but this seems to be a sticking point for Plaintiffs. We think they want to focus on non-animal rights comments that violate NIH's comment guidelines and argue that NIH is only targeting animal rights comments, and will use the presence of these other extreme comments as their argument. The DOJ and I are starting to be ok… **[2022-01-24T17:09:00] Sarah J. Imhoff:** Hi Anna, Thanks so much! We are getting close to finalizing the fact stipulation. Hopefully by Friday but possibly next week if necessary. I have one needed clarification about Twitter, and would like your team to review some language about manual moderation to see if you have any feedback or edits. /OD) [ Lankford, nate (NIH/OD) [E] limeni, Lydia )E) We initially did not want to include any detail about manual moderation, but this seems to be a sticking point for Plaintiffs. We think they want to focus on non-animal rights comments that violate NIH's comment guidelines and argue that NIH is only targeting animal rights comments, and will use the presence of these other extreme comments as… **[2022-01-25T11:53:00] Anna Kern:** Hi Sarah, Just confirming receipt and that we are working on these responses. Thanks! Anna **[2022-01-25T11:53:00] Anna Kern:** Hi Sarah, Just confirming receipt and that we are working on these responses. Thanks! Anna **[2022-01-25T15:53:00] Anna Kern:** Hi Amanda and Renate, Below is a draft response (#1) back to Sarah regarding a question about the Twitter chat. I thought that the paragraph they drafted about the manual moderation of comments looked good. Please let us know if you have additional thoughts by COB tomorrow. Thank you! f(OoD)[ Lankford, nate (NIH/OD) [E] limeni, Lydia )) as 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… **[2022-01-25T15:53:00] Anna Kern:** Hi Amanda and Renate, Below is a draft response (#1) back to Sarah regarding a question about the Twitter chat. I thought that the paragraph they drafted about the manual moderation of comments looked good. Please let us know if you have additional thoughts by COB tomorrow. Thank you! 1. Re: PETA on the NIH Twitter chat--can users see that whole Twitter chat? Plaintiffs claimed they may want context for the complaints, but asserted they couldn't necessarily view the whole chat. Is that true? . Yes, for the most part. Tweets from users whose accounts are private would not be seen. However, all of the complaints and PETA's tweets direct at NIH are public. You can see the chat tweets from… **[2022-01-25T15:53:00] Anna Kern:** Hi Amanda and Renate, Below is a draft response (#1) back to Sarah regarding a question about the Twitter chat. I thought that the paragraph they drafted about the manual moderation of comments looked good. Please let us know if you have additional thoughts by COB tomorrow. Thank you! /OD) [E] Lankford, >; Polimeni, /OD) [E] (o) >) nn Lankford, nate (NIH/OD) [E] limeni, Lydia )) 1. Re: PETA on the NIH Twitter chat--can users see that whole Twitter chat? Plaintiffs claimed they may want context for the complaints, but asserted they couldn't necessarily view the whole chat. Is that true? . Yes, for the most part. Tweets from users with a public profile can be seen by anyone following the… **[2022-01-26T09:55:00] Anna Kern:** Bumping! **[2022-01-26T09:55:00] Anna Kern:** Bumping! **[2022-01-26T09:55:00] Anna Kern:** Bumping! **[2022-01-26T11:30:51] Renate Myles:** Inline-Images: image001.png Hi Anna: I updated the response to the first Q based on our discussion. Thanks, Renate **[2022-01-26T11:31:00] Renate Myles:** Hi Anna: I updated the response to the first Q based on our discussion. Thanks, Renate **[2022-01-26T11:31:00] Renate Myles:** Hi Anna: I updated the response to the first Q based on our discussion. Thanks, Renate **[2022-01-26T11:39:34] Amanda Fine:** Inline-Images: image001.png A couple of additional suggested edits on top of Renate's. Thanks, Amanda **[2022-01-26T11:39:34] Amanda Fine:** Inline-Images: image001.png A couple of additional suggested edits on top of Renate's. Thanks, Amanda