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

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

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.

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.

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

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)

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: