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Illinois law has recognized the public's right to access and inspect public records and information about the workings of their government. [3] The courts have also recognized a common law duty to disclose public records, balanced against an individual's right to privacy and the interests of the government. [4]
Richard Freer, American and European Approaches to Personal Jurisdiction Based Upon Internet Activity, Emory Public Law Research Paper No. 07-15, (2007). Jonathan Zittrain, Be Careful What You Ask For: Reconciling a Global Internet and Local Law, Cato Institute, (2003).
Illinois Public Access Opinion 16‑006 is a binding opinion of the Illinois Attorney General pursuant to the state's Freedom of Information Act (FOIA). Issued in 2016 in the aftermath of the police murder of Laquan McDonald, the opinion addressed a public records request from Cable News Network (CNN) for private emails by officers of the Chicago Police Department (CPD) related to the incident.
The Freedom of Information Act (FOIA) is an Illinois statute that grants to all persons the right to copy and inspect public records in the state. The law applies to executive and legislative bodies of state government, units of local government, and other entities defined as "public bodies". All records related to governmental business are ...
However, a private party in a lawsuit may force an ISP to disclose non-content records (e.g. the name of the owner of an account, a list of email addresses to whom emails were sent, access times, etc.) through a subpoena. In addition, the government can obtain the records needed to identify the person behind an IP address using a subpoena.
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New Jersey Open Public Records Act: N.J.S.A. §§ 47:1A-1 to 47:1A-13 2002 [42] Citizens of the state/commonwealth New Mexico Inspection of Public Records Act NMSA §§ 14-2-1 to 14-2-12 1993 [43] Any person New York New York Freedom of Information Law Pub. Off. §§ 84 to 90 1974 [44] Any person North Carolina North Carolina Public Records Law
Litigation was filed in federal court challenging the law shortly after it was enacted with final judgement in the Southern District of Illinois federal court issued Nov. 8.