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Metadata In Arizona Public Records Can't Be Withheld

jasonbuechler writes in with news of the first state to declare that metadata is part of public records and must be released when the records are. "Hidden data embedded in electronic public records must be disclosed under Arizona's public records law, the state Supreme Court said Thursday... The Supreme Court's unanimous decision, which overturned lower court rulings, is believed to be the first by a state supreme court on whether a public records law applies to so-called metadata. 'This is at the cutting edge — it's the law trying to catch up with technology,' [one lawyer said]. The Arizona ruling came in a case involving a demoted Phoenix police officer's request for data embedded in notes written by a supervisor. The officer got a printed copy but said he wanted the metadata to see whether the supervisor backdated the notes to before the demotion."

27 of 103 comments (clear)

  1. Just a part by Philip+K+Dickhead · · Score: 5, Insightful

    of an ordinary "Audit Trail". Now, you don't have to rely on manual log-entries and sign-out sheets.

    --
    "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
    1. Re:Just a part by causality · · Score: 5, Insightful

      of an ordinary "Audit Trail". Now, you don't have to rely on manual log-entries and sign-out sheets.

      It says a lot that this actually went to court in the first place, let alone that it went to the state Supreme Court. What part of "public record" needed clarification, exactly?

      --
      It is a miracle that curiosity survives formal education. - Einstein
    2. Re:Just a part by rickb928 · · Score: 4, Interesting

      You apparently have never filed a FOIA request anywhere. Government is at least as secretive as private industry.

      In this case, clearly the police department didn't want to expose things such as 'when' and 'where', just the 'what' and 'who'. Add those other two items, and the 'why' becomes more evident.

      Good job, though. Hope it works out for him.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
  2. Smart police officer by bennomatic · · Score: 5, Funny

    Probably deserves a promotion.

    --
    The CB App. What's your 20?
    1. Re:Smart police officer by earnest+murderer · · Score: 4, Insightful

      Should probably get out of police work if he's got that much sense.

      Nothing against police officers, but once you cut through the hyperbole it's mostly a processing job with a car and a gun. If you step out of that role as a processor you're likely to harm yourself or others.

      --
      Platform advocacy is like choosing a favorite severely developmentally disabled child.
    2. Re:Smart police officer by timeOday · · Score: 4, Interesting

      I would imagine when cops turn against each other, all sorts of hilarity ensues. They know their rights, plus they known the workings of the system, plus they have a lot of exposure to nefarious/criminal minds. Sort of like when two ambulance-chasing lawyers have a fender-bender.

    3. Re:Smart police officer by Swanktastic · · Score: 2, Insightful

      Don't you think it was just his lawyer or union representative asking for the documents? I don't know how demotion hearings work, but I would imagine you get a little help from an expert.

    4. Re:Smart police officer by MobyDisk · · Score: 2, Insightful

      They know their rights

      That's odd, since they don't seem to respect anyone else's. I prefer to assume that they don't know, or that they are brainwashed.

      Never attribute to malice, that which can be attributed to stupidity

    5. Re:Smart police officer by StormyWeather · · Score: 4, Informative

      I ran an ISP owned by a lawyer once upon a time. The guy before me I found out had embezzled like 60 grand by writing checks to his wife for "services rendered". I told the lawyer, and he said, "that figures" and went back to his work. I asked aren't you going to sue him? He said that smart lawyers never sue anyone themselves, it's much more profitable to sue for other people. He told me to make sure to pay taxes as if she was a contractor, and turned back to his work obviously not wanting to be disturbed again.

      So two ambulance chasing lawyers would probably just file insurance, and be done with it :).

    6. Re:Smart police officer by Mikkeles · · Score: 5, Insightful

      'He told me to make sure to pay taxes as if she was a contractor, ...'

      This being embezzlement and all, there's a good chance that no income was declared. By you filing a tax form, the IRS would probably become extremely interested and start asking questions. An audit would not be pleasant for him or his wife.

      --
      Great minds think alike; fools seldom differ.
    7. Re:Smart police officer by pilsner.urquell · · Score: 4, Funny

      I know more than a few (Phoenix) police officers and they claim an officer has to be smart or they won't last out on the street.

      BTW, this is the first I've herd of this lawsuit but I an glad of the outcome.

    8. Re:Smart police officer by SoTerrified · · Score: 4, Insightful

      He told me to make sure to pay taxes as if she was a contractor, and turned back to his work obviously not wanting to be disturbed again.

      Ok, that made me laugh. You just heard it as "Oh, you're not going to sue him, you're just going to let him get away with it? And all you care about is taxes are being paid?" But when I read it, I heard a smart lawyer saying it wasn't worth his time to go after the embezzler... But by declaring it on the taxes, he'd be raising a flag that the IRS could very likely investigate causing all sorts of problems. (It's highly unlikely the embezzler declared his embezzled income.) In other words, the lawyer quickly found a zero cost, legal way to get his 'revenge'. Tell me that's not worthy of a chuckle.

    9. Re:Smart police officer by networkBoy · · Score: 4, Interesting

      I got stiffed on a contract job. Nothing big, ~$600 for install and config of 6 XP machines in an R&D lab.

      They decided not to pay, and it wasn't worth fighting for it (I'd lose more money in time spent fighting them than had I simply worked another job), soooo I filed a 1099 for lost income with the IRS and called it good. Basically the way the law is written, by declaring they owed me the money, then forgiving the debt I could use that $600 to offset $600 earned elsewhere and not pay taxes on it.
      The flip side is that their required to claim that $600 as income, and since they likely won't I have the satisfaction of them going through an audit.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  3. The Likeliest Policy Change ... by dijjnn · · Score: 3, Funny

    From the desk of the Chief of Police:

    Effective immediately all precinct officers should destroy all electronic devices with central processing units. All document production will be performed using manual typewriters.

    --
    ~dijjnn
  4. Cutting edge? by amicusNYCL · · Score: 4, Insightful

    Quoth the lawyer:

    'This is at the cutting edge — it's the law trying to catch up with technology'

    So it's not really the cutting edge then, is it? It's the law only now trying to cope with decades-old technology.

    --
    "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    1. Re:Cutting edge? by maxume · · Score: 5, Insightful

      I think perhaps he was talking about it being the cutting edge of the law. Maybe. But probably.

      --
      Nerd rage is the funniest rage.
    2. Re:Cutting edge? by Interoperable · · Score: 4, Insightful

      Decades-old is bleeding edge as far as the law is concerned.

      --
      So if this is the future...where's my jet pack?
  5. Re:Apple really doesn't have a choice by johofnovi · · Score: 5, Funny

    Bah! Totally posted to the wrong thread. fail. =(

  6. Sterilize documents by davidwr · · Score: 2, Insightful

    Sooner or later you'll see departments classify "temporary working notes" as mandatory-shred items, and require all "permanent records" to go through some process that strips them of non-visible information.

    One relatively cheap way to do this is to print all documents to a digitally signed PDF or a graphics format. The digital signature is a bonus that authenticates the document.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  7. Re:Grammar Police by Obfuscant · · Score: 4, Funny
    Thank you. Data are plural, not a singular group noun.

    Data are neither singular nor plural, they just are. That's like thinking your automobile is singular or plural. It's neither, it just is.

    'Data', the word, IS plural, but as a single word requires singular references. Thus '"data" is plural' is correct. OTH, "'data' is plural and 'datum' is singular" ARE correct.

    Isn't english fun?

  8. So, were they back dated? by MobyDisk · · Score: 4, Interesting

    So I want to know if they really were back dated. And if so, I hope his supervisor gets fired and that they re-hire this officer. And give him a medal.

    1. Re:So, were they back dated? by Anonymous Coward · · Score: 3, Informative

      I know... as a resident of Arizona, I want an officer promoted who's intelligent enough to be aware of metadata, let alone its availability!

      Here's the Amicus Brief
      http://www.ananews.com/flyers/amicus_brief2009.pdf

      and the Oral Argument Case Summary
      http://www.supreme.state.az.us/argument/09Summaries/September%2024%20CV-09-0036-PR.pdf

  9. Re:Apple really doesn't have a choice by Killer+Orca · · Score: 4, Funny

    are you sure you know what thread you're posting in?

    There's an app for that.

  10. Latin Grammar Police by pyrr · · Score: 3, Informative

    It's not English that's fun, it's English borrowing foreign words that English speakers don't understand the rules for declension for that are fun. "Datus/Data/Datum" is the perfect passive participle of the Latin verb "dare", which means "to give". It's basically an adjective used as a substantive (i.e., a non-noun being used as a noun thanks to the power of implication) in this case.

    As used in English, "Datum" (the neuter nominative singular) would most literally mean "(implied, but unspecified thing) having been given". "Data" would be the neuter nominative plural meaning "(implied, but unspecified things) having been given". So unless someone is transmitting only one unspecified thing, "data" is most appropriate in its level of mass noun vagueness.

    1. Re:Latin Grammar Police by PseudononymousCoward · · Score: 3, Funny

      CENTURION: What's this, then? 'Romanes Eunt Domus'? 'People called Romanes they go the house'?

      BRIAN: It-- it says, 'Romans, go home'.

      CENTURION: No, it doesn't. What's Latin for 'Roman'? Come on!

      BRIAN: Aah!

      CENTURION: Come on!

      BRIAN: 'R-- Romanus'?

      CENTURION: Goes like...?

      BRIAN: 'Annus'?

      CENTURION: Vocative plural of 'annus' is...?

      BRIAN: Eh. 'Anni'?

      CENTURION: 'Romani'. 'Eunt'? What is 'eunt'?

      BRIAN: 'Go'. Let--

      CENTURION: Conjugate the verb 'to go'.

      BRIAN: Uh. 'Ire'. Uh, 'eo'. 'Is'. 'It'. 'Imus'. 'Itis'. 'Eunt'.

      CENTURION: So 'eunt' is...?

      BRIAN: Ah, huh, third person plural, uh, present indicative. Uh, 'they go'.

      CENTURION: But 'Romans, go home' is an order, so you must use the...?

      BRIAN: The... imperative!

      CENTURION: Which is...?

      BRIAN: Umm! Oh. Oh. Um, 'i'. 'I'!

      CENTURION: How many Romans?

      BRIAN: Ah! 'I'-- Plural. Plural. 'Ite'. 'Ite'.

      CENTURION: 'Ite'.

      BRIAN: Ah. Eh.

      CENTURION: 'Domus'?

      BRIAN: Eh.

      CENTURION: Nominative?

      BRIAN: Oh.

      CENTURION: 'Go home'? This is motion towards. Isn't it, boy?

      BRIAN: Ah. Ah, dative, sir! Ahh! No, not dative! Not the dative, sir! No! Ah! Oh, the... accusative! Accusative! Ah! 'Domum', sir! 'Ad domum'! Ah! Oooh! Ah!

      CENTURION: Except that 'domus' takes the...?

      BRIAN: The locative, sir!

      CENTURION: Which is...?!

      BRIAN: 'Domum'.

      CENTURION: 'Domum'.

      BRIAN: Aaah! Ah.

      CENTURION: 'Um'. Understand?

      BRIAN: Yes, sir.

      CENTURION: Now, write it out a hundred times.

      BRIAN: Yes, sir. Thank you, sir. Hail Caesar, sir.

      CENTURION: Hail Caesar. If it's not done by sunrise, I'll cut your balls off.

      BRIAN: Oh, thank you, sir. Thank you, sir. Hail Caesar and everything, sir! Oh. Mmm!

      Finished!

      ROMAN SOLDIER STIG: Right. Now don't do it again.

  11. Not Cutting Edge Law by HandleMyBidness · · Score: 2, Informative

    The federal rules for civil procedure (FRCP) were updated in 2006 to address issues like this. Part of the FRCP is what guides production formats during civil suits. A lot of state courts are now using the FRCP as a guide for developing their own standards with regards to management of electronic data for legal purposes. This is the rule, pretty clear. http://www.law.cornell.edu/rules/frcp/Rule34.htm

    Previously if you have 10,000 emails you could just print them out to loose piles of paper and turn over boxes (sometimes 100s of boxes) of paper to opposing counsel. After 2006 there is a default that the other side of a lawsuit is entitled to the documents in the same format they are kept in the course of business. This includes meta data and it is specifically mentioned in the FRCP. Most lawyers will make agreements during their discovery conferences (aka 30b6) to agree to production formats that both sides won't find unduly burdensome.

  12. Re:change the metadata by plover · · Score: 2, Informative

    What, you don't know how to set the clock on your computer back to June 1st, then fire up Word and type up the document? That amount of effort certainly doesn't take a techie or a fancy bit editor. It only takes a few drops of imagination. It's certainly within the skillset of your average cop.

    The only requirement is that you set the clock back before creating the new doc. It won't work to set the clock back and try to edit it after the doc has been created. But in that case you'd just have to create another new doc and retype in the old text. It's no big deal, but when people are stressed out enough that they're forging "evidence" they're also likely in a rush, and may make a careless mistake.

    --
    John