White Mail

[deltorto@aol.com]

Guys & Gals,

Here's a tidbit I thought you'd all like to know about:

(from Network World, 1 Feb. 1993, p. 37)
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E-MAIL RULING MAY HAMPER CLINTON ADMINISTRATION

Washington, D.C. - A recent federal court ruling requiring the preserva
tion of the Bush administration's electronic mail tapes has left many
considering the ramifications for E-mail utilization in the Clinton White
House and the private sector.

Federal Judge Charles Richey ruled that President Bush's E-mail falls under
the 50-year-old Federal Records Act and cannot be destroyed until it has been
reviewed under stringent guidelines for its preservation. This ruling, which
is aimed at uncovering information concerning the Iran-Contra scandal, is the
first time electronic communications has fallen under the auspices of the
act.

Although the ruling is currently being appealed and it is unclear whether the
Bush administration will comply with the order, it has several implications
for the new White House staff.

"It will provide a real problem for the Clinton administration," said Michael
Cavanagh, executive director of the Electronic Mail Association here. The
ruling applies to all White House E-mail, Cavanagh said, even the most casual
conversations. "It will be difficult for them to do their job as efficiently
as they could if they were allowed to use E-mail freely," he said.

-- Combing Through Trash

Cavanagh likened the ruling to requiring that the contents of every White
House wastebasket be saved forever. "That enters the realm of ridiculousness,
but maybe that's what's happened with electronic mail in this decision."

Others were not so sure. "It's one of those issues that has a balance on both
sides." said Ronald Plesser, a partner in the Washington law firm of Piper
and Marbury and the former telecommunications team leader for the Clinton
transition. "From a freedom of information perspective, it's a good decision.
From an E-mail decision, we're concerned about it, but I don't think it's
overpowering."

Plesser said the ruling would encourage the White House staff to treat
sending E-mail as if they were writing a memo, rather than using it in an
informal manner.

"I understand the concern that E-mail will now be a record and it may
discourage some informal discussions," he said. "On the other hand, I think
the issues in the case are broader than E-mail and relate to all records of
public policy that should not be destroyed, and I'm in favor of that."

He did caution that the ruling will not automatically make all White House
E-mail public information because President Clinton will still have the
option of using his executive privilege to prevent information from being
subpoenaed.

-- Private Sector Implications

Beyond the White House, however, the implications for the private sector are
minimal.

"This doesn't have any direct ramifications for the business sector,"
Cavanagh said. "There certainly is not going to be a law requiring every
private company to keep everything on their computer disks forever; you'd
have to carve out something the size of the state of Wyoming to store those
computer disks."


Both Cavanagh and Plesser were in favor of having some kid of E-mail
retention policy, as do most businesses in the private sector. Once a
specified period has elapsed during which the information may be needed to
reconstruct certain events, for example, it can be destroyed.

"Increasingly, businesses institute retention policies for electronic mail
tapes and other computer tapes [in addition to paper records]," Cavanagh
said. "Generally, that's the correct route to go."

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