Walter Neary replied to the topic How did the FCC get around the PRA with openinternet.gov? in the forum Forum Discussions 10 years, 9 months ago
This is more a response to similar laws on the state and local level … In our state, even the attorney general has got a massive and wonderful gov2.0 presence without any clear guidance and pending court cases involving metadata and other social media issues. Clearly, people are ignoring potential constraints in the law (it’s pretty fancy that the federal govt can find legal opinions to help) in order to explore and enable the important dialogue that social media tools allow. So it’s a swampy terrain right now. We’ve got some cities and elected officials doing stuff that stretch the limit of the law, while others are refusing to do anything out of fear of legal liability.
I assume what will happen is that this will continue, and someone(s) will fill lawsuits that call us all on this bluff. Someone will be fined some insane amount for using social media tools in a real or perceived violation of public records or meetings laws. And then there will be legislation that makes social media use more acceptable legally.
It would be nice if there could be pre-emptive legislation that enables more use of social media without fear of public records laws and open meeting requests, but I’m not sure if anyone knows what that would look like. We’re having some discussions in Washington state (course this does not help with such matters at the federal level) and if anyone knows of robust discussions about how state laws can be changed to encourage more use of social media, it would be great to share those.
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