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"Are the Government's Conversations with AI Accessible Under Public Records Laws and FOIA?"
The Volokh Conspiracy
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"Are the Government's Conversations with AI Accessible Under Public Records Laws and FOIA?"
Eugene Volokh | 9.22.2026 8:01 AM
A very interesting forthcoming article by noted media lawyer Steve Zansberg in the Fall 2026 issue of the Communications Lawyer; the Summary:
AI prompts and outputs used by government officials to conduct public business should generally be treated as public or agency records subject to state public records laws and FOIA. While courts have not yet resolved how these laws apply to AI chatbot conversations, existing legal principles strongly support disclosure when the records relate to official functions. Practical barriers such as poor retention, high costs,........© Reason.com
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