New Government Text Messaging Lawsuits

As governments contend with the challenges of keeping information safe from hackers, they must simultaneously comply with state and local transparency laws that require them to make records of communications available to the public. Messaging apps that don’t create an archived record of conversations create more work when responding to public-records requests and leave government entities vulnerable to complaints and lawsuits. EIE Legal is compiling a list of nationwide text messaging lawsuits being brought against government entities to demonstrate the growing problem.

Latest Government Text Messaging Cases

Tallahassee, FL to Vote on Contract to Archive Public Records

The Sunshine Law requires cities to retain public records and make them accessible. Tallahassee outsources this job and is voting to sign a contract extension with their current vendor. The extended contract would cost a maximum of $320,000 per year to archive emails, text messages, and social media feeds.

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Federal Judge Finds Use of Ephemeral Messaging App by Defendant as Evidence of Bad Faith and Sanctionable

Lawyers advising their clients on texting messaging should be wary of ephemeral messaging apps options. In a recent Arkansas case, the court found that the use of Signal was evidence of bad faith sufficient to warrant sanctions.

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Missouri State Auditor Ignores Possible Sunshine Law Transgressions of Former Governor

As state auditor, Nicole Galloway regularly focuses on Sunshine Law issues in state and local government, but during a recent audit of former Gov. Eric Greitens her office ignored possible Sunshine Law transgressions. In an interview with The Star newspaper, the state auditor said her office did not look at Greitens use of the self-destructing text message application Confide because of current litigation.

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Lawyers Raise Issue with Vanishing Text Message Apps

As vanishing message apps, such as Snapchat, Wickr, WhatsApp, and Signal grow in popularity, businesses and attorneys must decide if they should allow use of the apps because the auto-delete functionality can trap companies in e-discovery disputes.

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Vero Beach, Florida Needs Updated Open Government Lessons

Vero Beach, Florida requires an annual lesson in open government laws at the City Council’s organizational meeting, but the recent presentation leaves out text messages and social meeting postings.

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Leander, TX to Hire New Position to Fill Open Records Requests

Due to the increase in number of open records requests being made in Leander, TX, the City Council voted to hire an additional deputy city secretary. The new hire will assist with fulfilling open records requests. The public can request everything from contracts to text messages. This information falls under the Texas Public Information Act, meaning the public has the right to view it.

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Secure Messaging App for Government

EIE Legal is an encrypted messaging app specifically designed to meet the needs of government entities and ease compliance with FOIA, Open Meetings Act or Sunshine regulations. EIE Legal provides complete privacy and gives users an efficient, encrypted means of communication with staff and colleagues.

In order to take every step possible to protect your communications, choose a messaging platform that has end-to-end encryption and archiving technology. EIE Legal allows users to print or save copies off archived records. The difference with our app is the “encrypted transparency.” TM

NEW! Now you can view Public Record Laws & Cases by State

Visit encryptedinfoex.com/public-record-map , click on a state to view the state's current public record test messaging laws and recent incidents.

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Previous Government Text Messaging Cases:

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