NARA RACO 2010 Ronald Reagan Bldg., Washington, D.C. May .
NARA RACO 2010Ronald Reagan Bldg., Washington, D.C.May 12, 2010Jason R. BaronDirector of LitigationOffice of General CounselNational Archives and Records Administration
Email is stillthe 800 lb.gorilla ofediscovery(see 36 CFR1236.22(2009))
.The ever increasingvolume of email is a problemIn a world oflimited toolsandresources .
5
6
7
8
Email messages can be federal records under44 USC 3301Agencies must manage the unique “electronic”email record, as it is only a “kissing cousin” ofa hard-copy printoutGeneral schedule 20 allows for deletion ofelectronic versions of email on the desktopprovided recordkeeping copy kept in eitherpaper or electronic formNational Archives and RecordsAdministration9
NARA final regulations published in theFederal Register on February 21, 2006 (71 F.R.8806), modifying regs now contained at 36 CFR1236.22 (2009)Email records appropriate for preservation forless than 180 days may be managed on liveemail systems and allowed to be deleted aspart of automatic processes, without a userfurther needing to print out or electronicallyarchive.National Archives and RecordsAdministration10
Like this?11
Or Is It More Like This?And What Can Each of Us Do About It?12
Print to paper (General Records Schedule 20,Item 14)Disaster Recovery Backup tapes (GRS 24,Item 4)Online user-based foldering in proprietarylive systemsElectronic recordkeeping under DoD 5015.2version 313
The Tree The Organization’s KnowledgeAnd Every User’s Email Account as a Separate Twig14
What is it? Email header information (possibly hidden)Proprietary features of word processing (e.g.summary fields)Embedded & shadow dataDeleted keystrokesTracking infoSpreadsheet formulasFormat issues and metadataMetadata ethics: inadvertent productionNational Archives and RecordsAdministration15
In re Fannie Mae Litigation, 552 F.3d 814(D.C. Cir. 2009)Aguilar v. ICE Division of US Dept ofHomeland Security, 2008 WL 5062700(S.D.N.Y. Nov. 21, 2008)
A universe of proprietary products exists in themarketplace: document management and RMAsDoD 5015.2 (version 3) compliant productsHowever, scalability and useability issues existUtopia is records mgmt without extra keystrokes,completely transparent to end-usersAgencies must prepare to confront significantfront-end process issues when transitioning toelectronic recordkeepingRecords schedule simplification is key17
18
19
What is it?100% snapshot of (typically) email, plus in somecases other selected applicationsHow does it differ from an RMA?Existing “out of the box” email archivingproducts focus on preservation of evidence, notrecords management per seNARA Bulletin 2008-0520
100% archiving of email & ESI on the desktopTransport out of email store into generic format (e.g.,XML)Use of smart filter technologies on front and back endto segregate permanent from the temporary (withcapture and transfer to NARA of the permanent)Culling for non-record material using certain agreedupon protocolsDefault temporary record status of remainingarchived materialsHowever: all “eggs” in the search basket21
Email archiving in short term, synced to existingproprietary software on email systemDesignation of key senior officials as creatingpermanent records, consistent with existingrecords schedulesAdditional designations of permanent records byagency component“Smart” filters/rules built in based on content, tothe extent feasible to doDefault are records in designated temporaryrecord buckets, disposed of under existing recordsschedules.22
Capture E-mail But Utilize Records Management!23
24
Electronic Message Preservation Act,sponsored byRep. Paul Hodes, passed the House on March 17,2010Referred to Senate Committee on HomelandSecurity and Governmental AffairsWould have Archivist issue regulations Requiring electronic capture, management andpreservation of electronic records Requiring electronic records to be readily accessible forretrieval through electronic searches Establishing mandatory minimum functionalrequirements for electronic records management systemsto ensure compliance25
“Electronic messages” means electronic mail andother electronic messaging systems that are usedfor purposes of communicating betweenindividuals“Electronic records management system” meanssoftware designed to manage electronic records,including by (A) categorizing and locating records;(B) ensuring that records are retained as long as necessary(C) identifying records that are due for disposition;(D) ensuring the storage, retrieval and disposition ofrecords.26
EMPA would require NARA to promulgateregulations within 18 months of enactmentEMPA would require regulations to includetimelines for agencies “that ensure compliance asexpeditiously as practicable but not later than fouryears after the date of enactment”EMPA would require that, to the extentpracticable, the regulations include requirementsfor the capture, management, and preservation ofother forms of electronic records beyond“electronic messages”Reporting requirements for agencies: 4 years afterenactment27
The Challenge of Searching Largerand Larger Haystacks .28
29
30
“[W]hile it is universally acknowledged thatkeyword searches are useful tools for search andretrieval of ESI, all keyword searches are notcreated equal; and there is a growing body ofliterature that highlights the risks associated withconducting an unreliable or inadequate keywordsearch or relying on such searches for privilegereview.” Victor Stanley, Inc. v. Creative Pipe, Inc.,250 F.R.D. 251 (D. Md. 2008)31
“In [a prior case] the Court notes its dismay thatthe party opposing discovery of its ESI hadorganized its files in a manner which seemed toserve no purpose other than ‘to discourage audits. .’ Similarly, in this case, [the party] host[ed] noediscovery software on their servers andapparently are unable to conduct centralized emailsearches of groups of users without downloadingthem to a separate file and relying on the servicesof an outside vendor.”32
Court went on to add:“The day will undoubtedly will come whenburden arguments based on a largeorganization’s lack of internal ediscoverysoftware will be received about as well as thecontention that a party should be spared fromretrieving paper documents because it hadfiled them sequentially, but in no apparentgroupings, in an effort to avoid the addedexpense of file folders or indices.”33
34
I can be my agency’semail archiving Iron Man!Gosh, I’d liketo try but Ineed lots ofhelp .Don’t bother me, I’mcounting down my daysto a nice pension .35
NARA Will Help!36
Jason R. BaronDirector of LitigationOffice of the General CounselNational Archives andRecords Administration(301) 837-1499jason.baron@nara.gov37
NARA RACO 2010. Ronald Reagan Bldg., Washington, D.C. May 12, 2010. Jason R. Baron. Director of Litigation. Office of General Counsel. National Archives and Records .
1 Raco Fittings tRaining Manual CONFIDENTIAL History of raco RACO was founded by Walter Roach and Earnest Appleton in Chicago, Illinois in 1921.
authorized by RACO, please complete the authorization form in the Owners Manual and return the form to RACO to ensure the warranty. Under no circumstances will RACO be responsible for consequential or secondary damages. The defective product should be returned, insured and freight prepaid, securely packaged to the address listed below.
their electronic records and to transfer to NARA electronic records that are permanently valuable. Bulletin 2006-02, along with subsequent related NARA bulletins and the E-Government Act provisions, outlined the goals and responsibilities for NARA and Federal agencies under the Electronic Records Project.
The ‘Second Cold War’ had really started under Carter but was much more obvious under Reagan with his very aggressive policies. In 1983, Reagan called Soviet Union an ‘evil’ empire and the USA were the forces of good. Reagan’s Policies 13% more was spend on the armed forces in 1982
as president, he liked to watch movies and tell funny but pointless stories, delegated all hard choices, worked very little, and took lots of naps. If the Cold War largely ended on Reagan’s watch, and if he oversaw an economic recovery, he was just lucky. Reagan, in the old narrative, simply could not be the architect of anything positive that
President Ronald Reagan's "Tear Down This Wall" speech marked his visit to the Brandenburg Gate in Berlin on June 12, 1987, following the G7 summit meeting in Venice. As Reagan spoke, his words were amplified to both sides of the Berlin Wall, reaching both East and West Germans.
includes Configuration Management Guidelines for the implementation and maintenance ofNARA IT systems. Finally, NARA's IT Security Policy states that for moderate or high integrity information systems, NARA: Monitors changes to each information system and conducts security impact analyses . to determine the effects ofthe changes.
10. Efrain Balli Jr. 23. Madelynn Cortez 36. Alfredo Avila Lopez . 11 . Eligio Meudiola 24. George Garcia 37. Jesus Ruben Briseno . 12. Natalia Quintero Moreno 25. Diego Gonzalez Corpus 38. Juan E. Vela . NUMBER OF VOTES RECEIVED -49 . ELECTORS FOR TOM HOEFLING . 1. Tim Sedgwick 2. Dixie Sedgwick 3. Jared McCurrin 4. Jessica Kimberly Fagin 5. Andrew C. Sanders 6. Megan Sanders 7. Lynn Sanders .
