Cellphone companies say they don’t save text messages

From News-Gazette.com:  City Attorney Fred Stavins said that, even if they are public records, deleted text messages are impossible to recover, and the city's legal department provided The News-Gazette with its research to prove it.

In December 2012, city officials called around to various cellphone providers to determine how long those records are retained in the cell company's files.

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AT&T: No records are kept of customers' text messages — that data can only be accessed on a customer's phone.

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Ruling requires Champaign to turn over records, denies lawyer pay

From News-Gazette.com:  An Illinois appellate court has sided with The News-Gazette and ruled that the city of Champaign turn over to reporter Patrick Wade copies of electronic communications sent and received by city council members during council meetings and study sessions in May, June and July 2011.

But the same three-member court overturned a ruling by Sangamon County Judge John Schmidt that The News-Gazette's attorney was entitled to $7,500 in attorney fees and costs from the city.

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Champaign won’t make further appeals of FOIA ruling

From News-Gazette.com:  City Attorney Fred Stavins said on Tuesday night that the city does not plan to appeal an appellate court's decision that it must turn over text messages to comply with a Freedom of Information Act request The News-Gazette filed in 2011.

Stavins said there are "very few documents" to produce, but the city will comply with a ruling that text messages sent and received on a council member's private device during a city council meeting are public records.

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Text messages as public records: A new set of issues

From Gainesville.com:

Most people who are used to sending text messages fire them off without a second thought.

But for public officials, the technology brings more than just convenient communication. It also raises concerns and possible conflicts between personal privacy and open records laws.

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