In the Fall of 2000, I delivered this presentation at the North Central Texas Council of Governments' e-Government 2000 Fall Forum. There were no slides at this presentation but this is the paper that was delivered to the group.
2. The Author’s Biography
Shawn E. Tuma is an attorney practicing with DONOHOE, JAMESON & CARROLL, P.C. in
Dallas, Texas. His practice focuses on the developing law of the Internet and litigation
of commercial disputes involving contract, technology, intellectual property, deceptive
trade practices, insurance, and employment issues.
Mr. Tuma received his B.A., with honors, from Northwestern State University and his
J.D., magna cum laude, from Regent University School of Law, where he was selected
as the Outstanding Graduate in the School of Law, served as Editor-in-Chief of the
Regent University Law Review, received the Corpus Juris Secundum Award for
Contracts and Civil Procedure, and was chosen as a member of Who’s Who Among
Students in American Universities & Colleges and Who’s Who Among American Law
Students.
Mr. Tuma is licensed in all State and Federal Courts in Texas and the Fifth Circuit
Court of Appeals, is a member of the American Bar Association, and Dallas Bar
Association. Mr. Tuma has recently participated in the following professional activities:
PRESENTATIONS
" Contracting Over the Internet in Texas, Presentation to the
Dallas Bar Association, February 2000
" Shifting Paradigms: Practicing Law in the Information Age,
a symposium at Texas Tech School of Law, March 2000
" Contracting Over the Internet, B2B and B2C E Commerce Seminar,
forthcoming February 2001
PUBLICATIONS
" Contracting Over the Internet in Texas, Baylor Law Review,
Volume 51
" It Ain’t Over ‘Till . . . A Post Y-2K Analysis of Y2K Litigation
& Legislation, Texas Tech Law Review, Volume 31, Book IV
" Preserving Liberty: United States v. Printz and the Vigilant
Defense of Federalism, Regent University Law Review,
Volume 10, Number 1
Mr. Tuma is married to Stacy Tuma and they currently have three children, Katherine
who is five, Seth who is four, and Andrew who is two. They are expecting another child
in December. Their family resides in The Colony, Texas.
3. 1
Associate Attorney, Donohoe, Jameson & Carroll, P.C., Dallas, Texas. B.A., Northwestern
State University; J.D., magna cum laude, Regent University School of Law.
MUNICIPALITIES & THE INTERNET: A FEW LEGAL ISSUES
Shawn E. Tuma1
I. INTRODUCTION
The benefits to using the Internet in the day to day operation of municipal
governments are many. Among those, are the dramatic increase in public accessability
to information and governmental efficiency in conducting day-to-day affairs.
Unfortunately, using the Internet poses just as many potential problems as it does
benefits. Unless a municipal government is careful to understand the many pitfalls of
the Internet and prepare itself in advance for those problems, all of the benefits it brings
forth can be lost through disputes and litigation. Thus, it is important for you all to
know where you, your colleagues, and employees stand with a few basic legal issues that
are likely to be encountered with regard to Internet usage. There number of issues that
use of the Internet can raise is incalculable and it would be impossible to address them
all in this article. Accordingly, this article will focus on three issues: first, personal use
of the Internet by officials and employees; second, public access to open government; and
third, entering transactions over the Internet.
II. PERSONAL USE OF THE INTERNET
Personal use of the Internet from the municipality’s office, or using the
municipality’s Internet service by “logging on” from a remote location such as an
employee’s own home, can present several problems for the municipality. Though there
are numerous issues that arise in this area this section will focus on two main problems