Mary Jenkins *

Hamilton County Law Library November 7, 2014 GODORT Ohio fall meeting Denison University * with support from Emily Feltren, AALL Government Relations Office

Uniform Electronic Legal Material Act

Update

The Uniform Electronic Legal Material Act establishes an outcomes-based, technology-neutral framework for providing online legal material with the same level of trustworthiness traditionally provided by publication in a law book. The Act requires that official electronic legal material be:

1. authenticated, by providing a method to determine that it is unaltered;

2. preserved, either in electronic or print form; and 3. accessible, for use by the public on a permanent basis.

http://www.uniformlaws.org/Act.aspx?title=Electronic+Legal+Material+Act

What is UELMA?

BUT

Example: Laws of Ohio Last published in print in 2006. Online. Lack of statutory commitment. Not authenticated.

Why is UELMA necessary?

States’ primary legal materials published online

Cessation of print

Lack of commitment &

assurances

Why is UELMA necessary?

Why is UELMA necessary?

Why is UELMA necessary?

When did UELMA get started?

Source: AALL Government Relations Office, 2014

What is the status of UELMA?

Enacted in: California Colorado Connecticut Delaware Hawaii Idaho Illinois Minnesota Nevada North Dakota Oregon Pennsylvania

What is AALL’s position?

The Uniform Act is timely and relevant. It will enable end-users, citizens of a state, the ability to verify the trustworthiness of the state legal material available to them online. The American Association of Law Libraries strongly encourages the states to adopt the Uniform Act.

Why should states adopt UELMA?

• To effectively provide and manage electronic government information in a manner that guarantees trustworthiness and continued access

• To guarantee the free flow of trustworthy legal information

• To harmonize standards for acceptance of electronic legal material across jurisdictional boundaries

http://www.uniformlaws.org/Narrative.aspx?title=Why%20States%20Should%20Adopt%20uelma

Should states worry about UELMA?

No. UELMA provides leeway for states:

• Discretion in deciding which “legal material” will be covered

• Flexible language and alternative provisions • No impact on the relationships between an official state

publisher and a commercial publisher • No impact on copyright laws • No effect on the rules of evidence • No requirement for specific technologies • Flexibility to choose an effective date for implementation • Complementary to UCC, URPERA, AND UETA.

http://www.uniformlaws.org/Narrative.aspx?title=Why%20States%20Should%20Adopt%20uelma

What is covered by UELMA?

• State constitution • State session laws • Codified laws • Agency regulations which have the

effect of law What’s optional? state administrative agency decisions, reported decisions, state court rules, etc.

What is required under UELMA?

Electronic legal material designated as official must be: • Capable of being authenticated; • Preserved; and • Permanently accessible to the public.

What will happen next?

• UELMA has been introduced in: D.C. bill pending, possible action in late 2014 Maryland Massachusetts Rhode Island

• DALIC guidelines for authentication to AALL Board this fall • Ohio Regional Assoc. of Law Libraries resolution passed • Likely Ohio introduction in early-mid 2015, ULC priority • For 2015, “the best hope is for enactment in Ohio”. • Kentucky: an offer for introduction plus librarian support • Indiana: librarian support

What is happening in Ohio?

Leadership Uniform law commissioners and law librarians

Advocates ORALL Government Relations Committee members, State Library

Potential allies ORALL members, other library organizations, OSBA, state offices, Access to Justice advocates

Sponsors List of potential sponsors in the Ohio House and Senate

Introduction Early-mid 2015 anticipated

Where can I get more information?

AALL/Advocacy/GRO/UELMA

• Background • Advocacy materials • Letters and testimony • Chapter resolutions • Articles and blog posts • Reports and papers • Case studies http://www.aallnet.org/Documents/Government-Relations/UELMA

And what about the GPO?

“GPO uses a digital certificate to apply digital signatures to PDF documents. In order for users to validate the certificate that was used by GPO to apply a digital signature to document, a chain of certificates or a certification path between the certificate and an established point of trust must be established, and every certificate within that path must be checked.”

GPO Authentication Site: Documentation, Workshops, Further Reading http://www.gpo.gov/authentication/index.htm http://www.gpo.gov/authentication/faq/

How can I help with UELMA?

Contact ORALL’s Government Relations Committee: Mary Jenkins (chair), Debra Denslaw, Ron Jones, Angela Baldree,

Ron Vest, Rob Myers (board liaison)

Contact these UELMA supporters in Ohio: ORALL GRC members, above UL Commissioners Jeffrey Ferriell & Alexandra Schimmer Jonathan Chagat, Ingrid Mattson, Kirstin Krumsee, Bill Morris

Ask the organizations you’re in to take a formal stand on UELMA Make a list of your contacts in the House, the Senate, and state offices.

Inform your boss or board and take note of additional contacts.

Watch for specific calls for advocacy asking for emails, phone calls, etc.

What are the advocacy basics?

Start here: aallnet.org

The basics

State issues

Make your case

Last word

“This is an exciting opportunity for libraries and archives to be strong advocates for digital stewardship methods and practices. Let’s stop dreaming about it and get out there and make some magic happen!” William “Butch” Lazorchak Digital Archivist for the National Digital Information Infrastructure and Preservation Program at the Library of Congress http://offtherecord.archivists.org/2014/05/08/with-uelma-lots-of-legislation-keeps-stuff-safe/

Want to advocate for UELMA?

Contact me: Mary Jenkins Law Librarian & Director Hamilton County Law Library 513.946.5300 mjenkins@cms.hamilton-co.org