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It is useful to think of the Freedom of Information Act as a freedom of documents law. FOIA doesn't compell disclosing information; however if you've created a document that pertains to official functions,then it is disclosable. Yes, absolutely, e-mail is disclosable, if it pertains to official functions. There are exclusions. If the e-mail is Susie Sophomore flirting with Joe Junior, or Cathy Catty flirting wiith a person not her husband, or Billy Bettor talking about horse races, it probably would not be disclosed. Individual personnel matters would not be disclosed, normally. On the other hand, in general, any document that reflects official university business would be disclosed under the law. So if you're talking about meeting minutes or budget discussions or plans for a new initiative, yes, absolutely such e-mails are FOIA material. MSU has an absolultely terrible record as to FOIA. MSU is hostile to FOIA. There is an office in Olds Hall that is the official MSU FOIA office. The office is required by state law. It is always vacant. MSU doesn't publish the name of the FOIA officer. When Jeff Smoker was arrested, MSU refused to release the police report, an absolute violation of the letter and the spirit of FOIA. It is also telling that MSU officials who could have and should have responded to your query were silent. The short answer is: if an e-mail pertains to university business, yes, it could be subject to FOIA. A good friend of mine is an attorney, and the leading authority on FOIA in Michigan. He would be glad to give you general advice at no charge. Send me a private e-mail if you require further info, /rich On Mon, Aug 3, 2009 at 11:24 AM, Kim Geiger<[log in to unmask]> wrote: > I understand that our network activity and email can and will be produced in response to a subpoena. > > But are we subject to FOIA requests? If so, does that influence the U's email retention policy, or lack thereof? > > -- > > Kim Geiger > Information Technologist > Broadcasting Services > Michigan State University > 517-432-3120 x 429 >