Access to Government in the Computer Age: An Examination of State Public Records LawAmerican Bar Association, 2007 - 218 halaman |
Isi
Transcending Paper Public Records in the Electronic Age | 1 |
IS A PUBLIC RECORD DEFINED BY ITS FORM OR ITS CONTENT? | 3 |
Public Records Defined by Form | 4 |
MUST GOVERNMENT CUSTOMIZE ITS RECORDS? | 6 |
Public Records Not Limited by Form | 7 |
DOES REDACTION OR EXTRACTION CREATE A NEW RECORD? | 10 |
IS RIGHT OF ACCESS AFFECTED BY POSTING RECORDS ON GOVERNMENT WEBSITES? | 11 |
WHAT IS A REASONABLE CHARGE FOR PROVIDING ACCESS TO ELECTRONIC RECORDS? | 12 |
Making No Distinction | 84 |
CONCLUSION | 86 |
EMail Public Records and Public Meetings Statutes Public Employee Privacy in Cyberspace | 93 |
IS EMAIL A PUBLIC RECORD? | 94 |
IS EMAIL A PUBLIC MEETING? | 96 |
IS THERE A RIGHT OF PRIVACY THAT PROTECTS PUBLIC EMPLOYEES EMAIL? | 99 |
DOES A RIGHT OF PRIVACY AFFECT DISCLOSURE OF EMAIL AS PUBLIC RECORDS? | 100 |
DOES GOVERNMENT HAVE A RIGHT OR RESPONSIBILITY TO RESTRICT EMPLOYEE USE OF EMAIL? | 102 |
CAN GOVERNMENT COLLECT ROYALTIES OR LICENSING FEES FOR PROVIDING ACCESS TO PUBLIC RECORDS? | 14 |
CAN GOVERNMENT RECOVER INDIRECT COSTS? | 16 |
NOTES | 17 |
ERecords The Impact of Technology on Governments Obligation to Preserve Maintain and Provide Access | 23 |
WHAT ARE ELECTRONIC RECORDS AND HOW DO THEY DIFFER FROM TRADITIONAL PAPER RECORDS? | 24 |
THE LAW REGARDING ERECORDS | 26 |
What Are the Sources of the Duty to Preserve and Maintain ERecords? | 27 |
Which ERecords Must Be Preserved? | 30 |
How Should ERecords Be Preserved? | 35 |
Who Has the Responsibility for Preservation and Maintenance? | 37 |
What Issues Relate to Methods for Preservation and Maintenance of ERecords? | 38 |
What Issues Relate to Confidential and Privileged ERecords? | 42 |
COST ISSUES RELATING TO THE PRESERVATION MAINTENANCE AND PRODUCTION OF ERECORDS | 43 |
McPeek v Ashcroft | 44 |
Rowe Entertainment Inc v The William Morris Agency Inc | 45 |
POTENTIAL SANCTIONS FOR FAILING TO PRESERVE AND MAINTAIN ERECORDS | 46 |
CONCLUSION | 47 |
Litigants Rights Under State Public Records Acts The Use of Public Records Requests as an Alternative to Discovery | 55 |
THE MINORITY VIEW | 56 |
Distinction Between Litigants and Nonlitigants | 57 |
THE MAJORITY VIEW | 58 |
Relevance Is Irrelevant | 60 |
Agreement by Other States | 61 |
No Override by Rule 26 | 62 |
CONCLUSION | 66 |
Addressing Privacy in the Digital Age The Loss of Practical Obscurity | 71 |
MORE ACCESS LESS PRIVACY | 72 |
RIGHT FROM YOUR OWN HOME OR OFFICE | 75 |
ACCEPTING GREATER LOSS OF PRIVACY VS CARVING OUT NEW EXCEPTIONS | 77 |
Restrictions Based on the Purposes or Identity of the Requester | 80 |
DOES GOVERNMENT HAVE A RIGHT OR RESPONSIBILITY TO MONITOR EMPLOYEE EMAIL? | 103 |
State Laws on Monitoring | 104 |
Federal Communications Acts Impact on Monitoring | 105 |
CONCLUSION | 106 |
Caveat Contractor State FOIAIts Not Just for Government Agencies Anymore | 113 |
DOCUMENTS PROVIDED TO A STATE AGENCY | 115 |
PRIVATE ENTITIES DEEMED AGENCIES UNDER STATE FOIA | 116 |
PROVIDING INFORMATION TO A PRIVATE ENTITY THAT IS ULTIMATELY HELD SUBJECT TO STATE FOIA | 121 |
REACHING INTO THE FILES OF PRIVATE ENTITIES | 122 |
PROTECTING CONFIDENTIAL INFORMATION UNDER STATE FOIA | 127 |
COUNSELING PRIVATE CLIENTS ABOUT DISCLOSING INFORMATION UNDER STATE FOIA | 128 |
NOTES | 130 |
The Collision Between Privileged Attorney Materials and Public Records Laws | 137 |
THE ATTORNEYCLIENT AND WORK PRODUCT PRIVILEGES IN A NORMAL CONTEXT | 138 |
HOW PUBLIC RECORDS LAWS AFFECT THE ATTORNEY CLIENT AND WORK PRODUCT PRIVILEGES | 140 |
The AttorneyClient Privilege as an Exception to Public Records Access | 141 |
The Treatment of the Work Product Privilege in Connection with Public Records Laws | 144 |
SPECIAL CONSIDERATIONS FOR THE ATTORNEYCLIENT AND WORK PRODUCT PRIVILEGES IN THE PUBLIC RECORDS CONTEXT | 145 |
Settlement Agreements and Settlement Discussions as Privileged | 146 |
Waiver by Disclosure to a Third Party | 147 |
THE ATTORNEYCLIENT PRIVILEGE AS APPLIED TO PUBLIC MEETINGS LAWS | 149 |
CONCLUSION | 151 |
Table of State Public Records Statutes | 157 |
State Public Records Statutes | 162 |
Other State Public Records Materials | 172 |
Index to Materials on the CD | 178 |
182 | |
194 | |
Index | 208 |
Istilah dan frasa umum
access to government access to public agency's attorney attorney-client privilege backup media Cheyenne Software Cincinnati Enquirer City civil litigation CODE ANN Colo Communications confidential contract contractor copies Corp cost County court concluded CPRA created database Dep't disclosed discovery duty to preserve e-mail e-records electronic access electronic discovery electronic format electronic records ex rel exemption files Florida FOIA Freedom of Information Gov't government agency government records governmental Iowa issue lawsuit LEXIS mySimon Ohio OPRA party person Pima County preserve and maintain private entity product privilege protected public access public employees Public Records Act public records laws public records request public records statutes Remington Arms Restrictions right of access Rptr Simon Property Group sought specific STAT statutory subject to disclosure Supp Supreme Court tion U.S. Dist U.S. Supreme Court UBS Warburg Vineland William Morris Agency Zubulake