Guys & Gals, Here's a tidbit I thought you'd all like to know about: (from Network World, 1 Feb. 1993, p. 37) ----------------------------------------------------------------------------- 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." -----------------------------------------------------------------------------