The New York Time
Published: September 12, 2008
http://www.nytimes.com/2008/09/13/us/13records.html

In Digital Age, Federal Files Blip Into Oblivion
By ROBERT PEAR

WASHINGTON — Countless federal records are being lost to posterity 
because federal employees, grappling with a staggering growth in 
electronic records, do not regularly preserve the documents they create 
on government computers, send by e-mail and post on the Web.
Federal agencies have rushed to embrace the Internet and new information 
technology, but their record-keeping efforts lag far behind. Moreover, 
federal investigators have found widespread violations of federal 
record-keeping requirements.
Many federal officials admit to a haphazard approach to preserving 
e-mail and other electronic records of their work. Indeed, many say they 
are unsure what materials they are supposed to preserve.
This confusion is causing alarm among historians, archivists, 
librarians, Congressional investigators and watchdog groups that want to 
trace the decision-making process and hold federal officials 
accountable. With the imminent change in administrations, the concern 
about lost records has become more acute.
“We expect to see the wholesale disappearance of materials on federal 
agency Web sites,” said Mary Alice Baish, the Washington representative 
of the American Association of Law Libraries, whose members are heavy 
users of government records. “When new officials take office, they have 
new programs and policies, and they want to make a fresh start.”
Richard Pearce-Moses, a former president of the Society of American 
Archivists, said, “My biggest worry is that even with the best and 
brightest minds working on this problem, the risks are so great that we 
may lose significant portions of our history.”
The Web site of the Environmental Protection Agency lists more than 50 
“broken links” that once connected readers to documents on depletion of 
the ozone layer of the atmosphere.
At least 20 documents have been removed from the Web site of the United 
States Commission on Civil Rights. They include a draft report highly 
critical of the civil rights policies of the Bush administration.
Problems in the White House e-mail system have been well publicized in 
court cases and Congressional hearings. Officials at other federal 
agencies acknowledge that their record-keeping systems are not much more 
advanced or reliable.
Businesses and state and local governments face similar problems, on a 
smaller scale.
“We are overwhelmed by the challenge of preserving digital information,” 
said Robert P. Spindler, the chief archivist at the Arizona State 
University Libraries.
For the federal government, the challenge of preserving records grows 
each month, as employees create billions of e-mail messages. E-mail 
often replaces telephone conversations and meetings that would not have 
been recorded in the past.
In an effort to save money, federal agencies are publishing fewer 
reports on paper and posting more on the Web. Increasingly, federal 
officials use blogs, podcasts and videos to announce and defend their 
policies. Growing numbers of federal employees do government business 
outside the office on personal computers, using portable “flash drives” 
and e-mail services like Google Gmail and Microsoft Hotmail.
In the past, clerks put most important government records in central 
agency files. But record-keeping has become decentralized, and the 
government has fewer clerical employees. Federal employees say they 
store many official records on desktop computers, so the records are not 
managed in a consistent way.
“The Achilles’ heel of record-keeping is people,” said Jason R. Baron, 
the director of litigation at the National Archives. “We used to have 
secretaries. Now each of us with a desktop computer is his or her own 
record-keeper. That creates some very difficult problems.”
Experts worry that items preserved in digital form may not be readily 
accessible in the future because the equipment and software needed to 
read them will become obsolete.
“All of us have stored personal memories or favorite music on 
eight-track tapes, floppy disks or 8-millimeter film,” said Allen 
Weinstein, the archivist of the United States. “In many cases, these 
technologies are now relics, and we have no way to access the stored 
information. Imagine this problem multiplied millions and millions of 
times. That’s what the federal government is facing.”
The National Archives is in the early stages of creating a permanent 
electronic record-keeping system, seeking help from the San Diego 
Supercomputer Center at the University of California, and from some of 
the nation’s best computer scientists.
The electronic archive is behind schedule and over budget. But officials 
say they hope that the project, being developed with Lockheed Martin, 
will be able to take in huge quantities of White House records when 
President Bush leaves office in January.
Kenneth Thibodeau, director of the electronic records archives program 
at the National Archives, said that 32 million White House e-mail 
messages had been preserved as records of the Clinton administration. He 
expects to receive hundreds of millions from the Bush White House.
Disputes over White House records occurred at the end of the last three 
administrations, and federal officials are bracing for more of 
litigation in January.
Courts have imposed severe penalties on companies that failed to provide 
electronic records sought in litigation, and the government is subject 
to similar penalties. A federal district judge found the Environmental 
Protection Agency in contempt of court for destroying certain electronic 
records at the end of the Clinton administration.
Warnings about the possible loss of electronic records come from many 
quarters.
In a recent report, the Government Accountability Office, an 
investigative arm of Congress, described widespread violations of 
federal record-keeping requirements. At several large agencies, the 
report said, “e-mail records of senior officials were not consistently 
preserved.” Some officials keep tens of thousands of messages in their 
e-mail accounts, where they “cannot be efficiently searched,” and are 
not accessible to others.
The inspector general of the National Aeronautics and Space 
Administration found similar problems. He surveyed 40 top officials and 
found that 93 percent of them were violating federal requirements for 
preserving e-mail correspondence.
He reported that NASA might lose some of its “institutional memory” and 
might have already lost records needed to protect the legal and 
financial rights of the government.
The same federal laws apply to electronic and paper records, defined as 
materials — in any form — that document government activities, policies 
or decisions. A formal schedule defines how long each type of record 
must be kept. In general, records cannot be deleted or destroyed without 
prior authority from the National Archives, which permanently preserves 
records judged to be of historical value.
Melanie Sloan, executive director of Citizens for Responsibility and 
Ethics in Washington, a watchdog group, said: “Agency employees do not 
understand their record-keeping obligations. At the most basic level, 
many agency employees do not even understand what a federal record is, 
much less how it must be preserved.”
In interviews, employees agreed.
“I don’t have a very good understanding of what the rules are — what we 
are supposed to keep and what we don’t have to keep,” said Christina 
Pearson, an assistant secretary of health and human services. “We are 
trying to clarify how our policies apply to new electronic media like 
Web sites and e-mail.”
At federal agencies, the most common method of preserving important 
e-mail messages and attachments is to print them on paper and store them 
in paper files. Officials confirmed this at the Labor Department, the 
Transportation Department and the Justice Department.
Thomas A. Scully, former administrator of the Centers for Medicare and 
Medicaid Services, had job discussions with prospective employers while 
he was a federal official in 2003. When questions were raised about the 
propriety of those discussions, he tried to find some of his old e-mail 
messages. But he said: “They were gone. I could not find anything. I was 
told that all my e-mails had been deleted.”
When President Bill Clinton left office, the National Archives preserved 
snapshots of agency Web sites as they existed on or just before Jan. 20, 
2001. The Archives decided recently that it would not take such 
snapshots at the end of the Bush administration. “Most Web records do 
not warrant permanent retention,” because they do not have “long-term 
historical value,” the Archives said.
Many historians disagree. Several university libraries and the Internet 
Archive, a nonprofit digital library based in San Francisco, are 
starting to do what the federal government refuses to do: copy 
government Web sites, so they remain available after Mr. Bush leaves office.
Alarmed at the possible loss of White House e-mail messages, the House 
passed a bill in July that would require agencies to preserve more 
electronic records. The vote was 286 to 137. Republican opponents said 
the requirements would be onerous and costly. Mr. Bush has threatened to 
veto the bill, saying it could “interfere with a president’s ability to 
carry out his or her constitutional and statutory responsibilities.”

URL: 
http://www.nytimes.com/2008/09/13/us/13records.html?_r=1&emc=tnt&tntemail0=y&oref=slogin



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