Open Law and Open Access Open Access Symposium 2015 Barbara Bintliff Tarlton Law Library and Jamail Center for Research The University of Texas at Austin.

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Presentation transcript:

Open Law and Open Access Open Access Symposium 2015 Barbara Bintliff Tarlton Law Library and Jamail Center for Research The University of Texas at Austin

Old Law Can Be Good Law

Authenticity

Federal Rules of Evidence: Rule 901. Authenticating or Identifying Evidence (a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. (b) Examples. The following are examples only — not a complete list — of evidence that satisfies the requirement: (7) Evidence About Public Records. Evidence that: (A) a document was recorded or filed in a public office as authorized by law; or (B) a purported public record or statement is from the office where items of this kind are kept.

Karen Coyle, Digital Signatures: Identity in Cyberspace, 2 AALL Spectrum (no. 4) 8 Dec S TATE - BY -S TATE R EPORT ON P ERMANENT P UBLIC A CCESS TO E LECTRONIC G OVERNMENT I NFORMATION (2003) S TATE - BY -S TATE R EPORT ON A UTHENTICATION OF O NLINE L EGAL R ESOURCES (2007) menu/Publications/products/Report-on-Authentication-of-Online- Legal-Resources.htmlhttp:// menu/Publications/products/Report-on-Authentication-of-Online- Legal-Resources.html

AALL: The Little Engine that Could

UELMA Tarlton Law Library

What UELMA is Intended to Achieve UELMA provides guidelines to allow states to provide and preserve trustworthy electronic legal material to the public on a permanent basis. Tarlton Law Library

UELMA Basics Electronic legal material that has been designated official by the state government must be: – Capable of being authenticated; – Preserved; and – Permanently accessible Tarlton Law Library

UELMA Basics Each enacting state decides what legal material is covered by the act (Section 2). Three categories of mandated materials: – State constitution – State statutes (session laws and codes) – Agency rules with the effect of law Tarlton Law Library

UELMA Basics The state must appoint an official publisher for each type of legal material. (Section 2) Tarlton Law Library

UELMA Basics The official publisher must designate as official any legal material published only electronically. (Section 4) Tarlton Law Library

UELMA Basics Official legal material in an electronic record must be capable of being authenticated. (Section 5) Authenticated electronic legal material is presumed accurate. (Section 6) Tarlton Law Library

UELMA Basics Electronic legal material that is or was designated as official must be securely preserved. (Section 7) Tarlton Law Library

UELMA Basics The official publisher must ensure that the preserved legal material is reasonably available for public use on a permanent basis. (Section 8) Tarlton Law Library

What’s Happening in the States UELMA has been enacted in 12 states so far: It is currently pending in four more, including Texas. Tarlton Law Library

Additional Resources State–by-State Report on Authentication of Online Legal Resources (2007) menu/Publications/products/Report-on- Authentication-of-Online-Legal-Resources.html Tarlton Law Library