Access to Government in the Computer Age: An Examination of State Public Records Law

Sampul Depan
American 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
Bibliography
182
Table of Cases
194
Index
208
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