E-mail address request snub has statewide implications

[Dave Farber <dave () farber net>]

This story can be found online at:
http://www.centralmaine.com/news/stories/030301e_mailfl.shtml

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                     Saturday, March 1, 2003

                                            E-mail address request snub has
statewide implications
    


                          Associated Press

                      Copyright  2003 Blethen Maine Newspapers Inc.
                   



 LAMOINE  -- A resident's request for a list of all e-mail addresses on file
at the Town Office could spark a statewide challenge about whether e-mail
addresses are public information.

    
     
      

     The Maine Municipal Association has advised Town Administrator Stu
Marckoon that e-mail addresses in the town's database are public records.
About 200 Lamoine residents receive town notices by e-mail.

     But Marckoon said Maine's Freedom of Access law does not expressly
say e-mail addresses are public information, and that he wants to protect
the privacy of residents. He has proposed a new town policy to protect the
addresses unless their owners give written permission to release them.

     "I feel I'm violating their trust if I release the e-mail addresses
to any Tom, Dick or Harry who wants them," Marckoon said.

     Lamoine resident Robert Sharkey last week requested all e-mail
addresses in the town's computer. In his written request, Sharkey said he
wanted the electronic addresses because he has "a need for corresponding
with residents of Lamoine."

     Marckoon sought the advice of the town's attorney, Anthony Beardsley,
who told Marckoon he didn't think e-mail addresses were public records under
Maine law. Marckoon said Beardsley recommended that the town develop a
policy addressing the issue.

     But Maine Municipal Association spokesman Michael Starn said e-mail
writers should know that their addresses aren't confidential, even if they
consider the release of those addresses an invasion of privacy.

     "Privacy just isn't there," he said. "People will view this as an
invasion of privacy, but it's just a fact of life with the way communication
has changed."   

     Attorney Gordon Scott of Bangor, former longtime counsel for the
Maine Press Association, said he has no doubt that towns cannot withhold
e-mail addresses. He was unaware of the issue arising in any other Maine
town.   

     Marckoon said the town sends e-mail notices, on things such as dog
license renewals and property tax notices, to residents who fill out a form
and give their e-mail address.

     When Marckoon sends e-mail notices, he uses a "blind carbon copy"
computer command to prevent one resident from seeing the e-mail addresses of
the other recipients.

     Under Marckoon's proposed e-mail policy, all e-mails received or sent
by town officials would be public documents. But the e-mail addresses of
residents who signed up for electronic notices would not be divulged unless
they give their written permission.

        


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