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Draft Records Under the Public Records Law

February 22, 2012

A really hot topic is occupying the city council: to allow food trucks or not to allow food trucks, that is the question. Local restaurants are opposed, but the trucks are really popular and may revive downtown foot traffic. The … Continued

Is Metadata a Public Record? An Analysis Under Federal FOIA

February 18, 2011

UPDATED: June 22, 2011. The court withdrew the opinion analyzed below on June 17, 2011. See National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency (S.D.N.Y. June 17, 2011). Although the opinion no longer has any precedential value, … Continued

Is Metadata a Public Record? Case Law Update

October 21, 2010

A city resident forwards an e-mail to Councilwoman Leslie Knope. The e-mail accuses certain other city council members of improper conduct. Councilwoman Knope opens the e-mail on her home computer, which is set up to remotely log in to her public … Continued

Is Metadata a Public Record? Part 2

March 18, 2010

In my last post I defined metadata and summarized the three cases (in other states) that have addressed whether, and to what extent, metadata is a public record. I concluded that post by asking what we might glean from these … Continued

Is Metadata a Public Record?: Part 1

March 4, 2010

(Updated March 15, 2010) Is metadata a public record? There is not a clear answer to this question, at least in North Carolina. But that does not mean that public entities should ignore the question. In fact, public officials, particularly … Continued