What the States Are Doing

Got Authentication?

AALL Core Values

2007 with 2009-10 update which states have adopted web versions

as official and authentic? AELIC, GRC and other AALL volunteers

State-by-State Report on Authentication of Online Legal Resources

State-by-State Report

1. States substituting online for print legal sources

2. Ten states and D.C. deem online version of at least one legal source “official”

3. Eight states with online version bearing “official traits”

Six Key Findings in 2007

Tenn. Code 4-5-220(b): ◦ “The secretary of state shall compile on the

secretary of state's web site an official compilation of all the effective rules and regulations of each agency.”

Example of “Official”

N.J. STAT. ANN. § 52:11-78 requires the state’s legislative services office to “make available to the public and maintain in electronic form . . . the most current available compilation of the official text of the statutes of New Jersey.”◦ but no indication whether the electronic version is

itself considered “official”

Example of “Official Traits”

4. States not acknowledging needs of those seeking government info

5. No state’s online primary legal resources authenticated

6. Eight states providing permanent public access to at least one primary legal resource

Six Key Findings in 2007

again, a multi-volunteer effort increased elimination of print pubs in

favor of online only more states designating online version

“official” more states guaranteeing permanent

public access two states adopted vendor-neutral

citation more disclaimers

2009-10 Update to State-by-State Authentication Report

Disclaimers

• SCOTUS

• “Official” Code of Georgia

Arkansas

“The technology exists to create secure and authenticated electronic versions of our opinions.”

Arkansas Supreme Court and Court of Appeals Rule 5-2:

• July 1, 2009: cease print publication

• electronic version deemed “official”

• uniform citation format

• committed to authentication

Arkansas Rule 5-2 (b) (3)“[The] citation shall include the year in which the

decision was issued, the abbreviated name of the issuing court, and the sequential appellate decision number for the year.”

Smith v. Hickman, 2009 Ark. 12, at 1, 273 S.W.3d 340, 343.The rule also mandates parallel citation to a regional reporter, if available

Sample Authentication Marks

Rule 5-2(b)1):◦ “official report…shall be an electronic file

created, authenticated, secured, and maintained by the Reporter”

began beta testing technology in June 2010 authenticating seals gone by late 2010 current status???

Arkansas