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Governments continue to come up with new ways to prevent access to records

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AP Photos by Mike Groll, Kevin Wolf

Gov. Andrew Cuomo; Lisa Jackson

If the back and forth between public records requesters and government officials can be likened to a game, a series of recent cases involving disputes over whether particular records are public highlights what transparency advocates says is a constant problem: the rules are always changing.

Judiciary Committee approves "overdue" e-mail privacy bill

Lilly Chapa | Privacy | News | December 3, 2012
News
December 3, 2012

The Senate Judiciary Committee Friday unanimously approved a “very overdue” bill that would require law enforcement officials to get a warrant before accessing e-mail messages, updating a dated privacy law.

The proposed amendments are historic and will create a consistent method for handling government access to online communications, said Sophia Cope, director of government affairs at the Newspaper Association of America. But the measure likely won’t go to the Senate this year, forcing the process to start over again next year, she said.

Activist groups fight subpoenas for data from more than 100 e-mail accounts

Lilly Chapa | Reporter's Privilege | News | October 23, 2012
News
October 23, 2012

The Electronic Frontier Foundation and EarthRights International have filed motions to quash subpoenas issued by Chevron Corp. to three e-mail providers for the data and location information of more than 100 email accounts over the span of nearly a decade.

The subpoenas, which were issued in federal courts to Google and Yahoo in San Franciso and Microsoft in New York City at the beginning of October, represent Chevron’s latest attempt in an ongoing legal battle to prove that an Ecuadorian judge falsified information in an $18 billion lawsuit against the oil giant.

Alaska Supreme Court rules private e-mail messages are public records

Lilly Chapa | Freedom of Information | News | October 15, 2012
News
October 15, 2012

An Alaska Supreme Court decision makes private e-mail messages containing government business subject to the state Public Records Act but also makes obtaining those records difficult.

Friday's ruling held that the state Public Records Act does not prohibit public officials from conducting government business through their private e-mail accounts, potentially posing difficulties for people seeking to access those messages in the future, Alaska media lawyer D. John McKay said in an interview.

Rhode Island revamps public records law to be more requestor-friendly

Raymond Baldino | Freedom of Information | News | June 27, 2012
News
June 27, 2012

Rhode Island's governor signed into law yesterday what open records advocates have called the first major revisions in 14 years to its Access to Public Records Act -- changes that will both make more records available and give requestors more rights under the act.

Penn. court holds agency wrongfully ignored records request because they were requested incorrectly

Raymond Baldino | Freedom of Information | News | June 14, 2012
News
June 14, 2012

The Pennsylvania Commonwealth Court held Monday that written requests for records that do not comply with certain agency-specific request policies cannot merely be ignored.

Ill. judge rules officials' tweets, texts, and e-mail messages about public business are public records

Emily Miller | Freedom of Information | News | June 14, 2012
News
June 14, 2012

Electronic communications -- specifically tweets, text and e-mail messages -- between city officials discussing public business are subject to the Illinois Freedom of Information Act, even if they were sent from personal cellphones and accounts, a state circuit judge ruled.

Court rules school board members' e-mail did not violate meetings laws

Emily Miller | Freedom of Information | News | June 8, 2012
News
June 8, 2012

E-mail correspondence among school board members prior to the controversial closing of a public elementary school did not constitute secret meetings that violate Virginia’s Freedom of Information Act, the state Supreme Court ruled Thursday.

Context important for Internet libel cases, court says

Emily Peterson | Libel | Feature | May 23, 2011
Feature
May 23, 2011

A New York appellate court ruled on Thursday that courts need to consider the “freewheeling, anything-goes” writing style that prevails on the Internet when evaluating Internet communications for libel.