Re: digital-copyright Digest 23 Apr 2003 15:00:00 -0000 Issue 182

[Michael Burke <mburke@xxxxxxx>]

Curious.  In Tennessee, we have the opposite problem.  Anything and everything created
on, stored on or transmitted through state owned resources (including email "passed
through" a server) "may be" considered public record subject to inspection by any
citizen.  Thus, the state could not "block" access to anything created on, stored on,
or transmitted through state owned resources.  Of course, contradictory laws are not
unusual in any state, especially when a legislature can exempt itself from their
application.

Has the State Attorney General weighed in on this yet?  Seems to me that information
collected, analyzed, and reported using public funds would belong to those who funded
it.  For the state to use public funds to create "products" to which the rights were
sold or given to private parties, who then re-sell the product back to the people who
paid for the creation of it would appear to be both unfair and illegal.  But then, I'm
a liberal, not a lawyer.

--Michael

digital-copyright-digest-help@xxxxxxxxxxxxxx wrote:Date: Tue, 22 Apr 2003 12:23:17
-0700

> Date: Tue, 22 Apr 2003 13:25:29 -0500
> To: Max.Hyre@xxxxxxxxxxxxxxxxxxxxxxx
> From: Deborah_Showalter-Johnson@xxxxxxxxxxxxxxxx
> Cc: digital-copyright@xxxxxxxxxxxxxx
> Subject: Ohio
> Message-ID: <OF1B3481C4.FB7CBF4B-ON86256D10.00651A34@xxxxxxxxxxx>
>
> Just received via Email:
> "... just learned from law librarians in Ohio about an immediate
> legislative crisis there.  H.B. 145, the Electronic Government Services
> Act, would prevent state agencies from providing access to information.
> It has been added to the budget bill which has already passed the
> House.
>  This is model legislation promoted by a group called ALEC (American
> Legislative Exchange Council, www.alec.org)  that was introduced last
> year in a handful of states, including Ohio, and was successfully
> stopped.
>
> H.B. 145 is now an add on to the budget bill, H.B. 95.  It prohibits a
> state government agency from providing information if there are two or
> more competing private enterprises providing those services. That would
> mean that a government agency would not be allowed to post its
> regulations or decision on its Web site if, for example, Lexis,
> WestLaw,
> or other companies offer that information for sale.
>
> This year's version of the bill exempts the Ohio Supreme Court and
> Legislature where much of the opposition last year focused. However,
> state agencies would be impacted by the legislation and agency
> information that is now available at no cost on agency Web sites will
> likely disappear if HB 145 is enacted.
>
> Here's a link to the bill:
> http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_145
> Section 1306.20 Paragraph (I) defines "state agency" as "every
> organized body, office, or agency established by the laws of the state
> for the exercise of any function of state government, but does not
> include the general assembly, any legislative agency, the supreme
> court,
> the other courts of record in this state, or any judicial agency."
>
> Section 1306.25 (E)(1) further includes under "state agency" "similar
> agency of a county, township, municipal corporation, or other political
> subdivision,..." It then substantially limits their ability to publish
> electronically. While H.B. 145 is not as onerous as the previously
> withdrawn H.B. 482 of last year, it is a huge threat to public access.
>
> This bill threatens the right of residents in Ohio from accessing state
> government information, created with their tax dollars, at no cost
> through the Internet.  It is an abhorrent model that must be stopped
> short.  Please get involved, especially if you have members in Ohio who
> can respond immediately to this serious threat.
>
> Deborah K. Showalter-Johnson
> Library, U.S. Court of Appeals
>
> Max.Hyre@xxxxxxxxxxxxxxxxxxxxxxx
> 04/22/2003 11:32 AM

--
Michael A. Burke, Ph.D.
Technologies Integration Specialist
Innovative Technology Center
Office of Research and Information Technology
The University of Tennessee
mburke@xxxxxxx
http://itc.utk.edu/~burke
865-974-8893 *voice
865-974-8655 *fax


For more information, visit http://itc.utk.edu
or for questions, email itc@xxxxxxx or phone 865-974-9670