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
Lack of commitment & assurances
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
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.
What is covered by UELMA?
•State session 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;
•Permanently accessible to the public.
What will happen next?
•UELMA has been introduced in:
D.C. bill pending, possible action in late 2014
•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?
•Letters and testimony
•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
Make your case
“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
Want to advocate for UELMA?
Contact me: Mary Jenkins Law Librarian & Director Hamilton County Law Library 513.946.5300 firstname.lastname@example.org