This week in public records: Pennsylvania – Massachusetts – Arkansas

A law firm that accessed and viewed archived Web pages of an adversary through did not violate the Digital Millennium Copyright Act and the Computer Fraud and Abuse Act , even though those Web pages were not supposed to be available, an Eastern District of Pennsylvania judge ruled. Federal Judge Clears Law Firm Accused of Hacking Opponents’ Web Archives, New Jersey Law Journal, July 24, 2007

The Massachusetts Supreme Judicial Court ruled that documents covered by attorney-client privilege are not public records. Work-product may still be covered by the public records law. Attorney-Client Privilege and Public Records Access, Massachusetts Law Updates, July 23, 2007.

Personal emails on government computers may be a public record, which should be determined by a court, in a ruling of the Supreme Court of Arkansas. The determination may rest in whether the non work related computer activity “should be carried out by a public official or employee.” Personal e-mail on public computers not always public, Reporters Committee for Freedom of the Press, July 23, 2007.

Also, see my postings on this theme in other states: Arizona and California, Idaho, and the Sixth Circuit.


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