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AI Records Guidance, Deepfakes, & Social Media Hostility - Government On The Record - Issue #1

Welcome to the inaugural issue of Pagefreezer's newsletter for government records and communications staff. This short read will keep you current on the latest news shaping open records work in the US.

In this issue:

  • NARA gives guidance on the big AI-records question
  • AI-generated content and deepfakes are wreaking havoc across state lines
  • California redefines what "promptly available" means for requests
  • Local officials push back on rising online hostility

Let's dive in.

GOVERNMENT & AI

AI-Generated Chaos

NARA AC 11.2026. The latest memo from NARA gives guidance on when AI inputs and outputs count as records. Right now, it only applies to the feds, but state and local governments will likely follow suit as AI-use spreads. Read the memo.

Two AI mishaps in one week. Spokane's city government had a rough week: an AI-generated image of an "injured" police dog got passed off as real, and a Parks Department flyer unintentionally reused a local artist's design. A good prompt to double-check your review steps before anything AI-assisted goes out the door. The Spokesman Review

The deepfake mayor problem. In Columbia, Missouri, an anonymous account posted AI-generated videos impersonating Mayor Barbara Buffaloe. In St. Charles County, a candidate ran an AI-generated ad literally putting words in County Executive Steve Ehlmann's mouth. Columbia Missourian | First Alert 4

NOTABLE LEGAL UPDATE

California changes the definition of “promptly available”

A California appeals court ruled that "promptly available" under the CPRA has no fixed timeline. The underlying case had requests that took more than three years to fill; the court called this "not a blank check" but set no outer limit. Similar "promptly available" language is in quite a few other state statutes, so it will be interesting to see if this reasoning travels.

RESEARCH & TRENDS

Social Media Toxicity Isn’t Going Anywhere

What’s happening?

Baker City, Oregon's council voted unanimously to disable comments on its Facebook page and other social accounts after increased hostility and sustained personal vitriol directed at the city recorder.

Why?

Moderating a government forum selectively invites First Amendment liability, so the city attorney advised they only had two options: allow all comments or none.

How widespread is the problem?

Of surveyed local officials, 54% experienced hostility, and 76% say safety concerns are curbing their political engagement. 64% are less willing to use social media, 47% are less willing to work on controversial topics, and 43% are less likely to run for re-election. (Source: Bridging Divides Initiative)

The Pagefreezer Takeaway:

Social media is one of the most-used channels for government agencies to inform and connect with the public. If your agency is seeing an uptick in “engaged” citizens commenting on your social media pages, make sure you’re documenting everything so you can justify your moderation decisions, have records ready if and when a request arrives, and take legal action if the situation escalates.

Here's how:

  1. Create a clear moderation policy and communicate it on your pages
  2. Automate preservation, so you don’t miss edited or deleted content
  3. Capture everything: all posts, comments, reactions, and surrounding context
  4. Do not rely on screenshots (they can be edited and questioned too easily)
  5. Be meticulous about your documentation

Not sure where to start? Pagefreezer can help.

PAGEFREEZER CONTENT

The Latest from Pagefreezer

  1. Maybe it’s a bit early to be thinking about Halloween, but we couldn’t resist writing about these 5 Open Records Nightmares (And What's Really Causing Them).
  2. How does Pagefreezer compare to other website and social media archiving software? We’re so glad you asked. Read our comparison breakdown.
  3. Small team and not enough hours in the day? Check out our The Digital Records Playbook for Small Government (Even With a Team of One)

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Kyla Sims

Kyla Sims

Kyla Sims is the Content Marketing Manager at Pagefreezer, where she helps to demystify digital records compliance, ediscovery and online investigations. With a background in storytelling and a passion for educational research and content design, she's been leading content marketing initiatives for over a decade and was overusing em-dashes long before it was cool.