-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

Click now, repent later

By FRANCINE KIEFER, The Christian Science Monitor

(April 7, 2000 12:02 p.m. EDT http://www.nandotimes.com) - In 1993, Linda Tripp sent 
out a
blistering message, calling senior members of her White House office "the three 
stooges." It's
hard to imagine that happening in today's White House, where "no trail, no trouble" is 
the
unspoken mantra. Such caution prevails that one staffer used erasable magic markers 
during a
strategy session, rather than risk a subpoena.

White House staff chose their words carefully long before the advent of e-mail. And the
Watergate tapes proved that conversations don't have to be written to be dangerous. 
But the
point-and-click missives have added a new dimension to White House communication - one 
with
implications ranging from front-page embarrassments to, perhaps, Al Gore's political 
future.

As Congress and the Justice Department investigate the White House for a potential 
cover-up
of perhaps 250,000 missing e-mails, many of which could have escaped subpoena 
dragnets, the
probes reveal a unique, cautious culture of messaging at 1600 Pennsylvania Ave.

People outside the wrought-iron gates of the presidential compound might view e-mail 
as a
private, informal way to talk. But the knowledge that everything they write could be 
scrutinized
by both the media and investigators, has inspired an attitude of apprehension about 
e-mailing,
especially among the president's legal advisers.

"E-mails and anything else written was not only discouraged, people were living in 
fear that the
wrong e-mail would lead to a prosecution, or at least several hundred thousands 
dollars of legal
fees," says former counsel Lanny Davis.

In fact, whenever a White House staffer clicks "send," a message reminds them that a 
copy of
their missive is being sent to records management.

When it comes to saving e-mails, the White House is held to a higher standard than the 
private
sector, and even Congress.

Companies that have a policy of saving e-mails usually do so only for three to six 
months,
according to records-management consultants. Many companies consider them the same as
phone calls, and don't archive them unless they are equal in weight to a written
communication.

But the White House is different. It saves its records for posterity. After President 
Clinton
vacates his office next January, at least 30 million stored e-mails will be deposited 
with the
National Archives, http://www.nara.gov/
an unfathomable mountain of data ranging from such queries as "How about
lunch?" to speech drafts, to perhaps more juicy communications.

In the federal government, "retention of records tends to be driven by ... the need to 
inform a
free society and the need to retain information of historical consequence. For most 
businesses,
neither of those issues are on the radar screen," says Patrick Cunningham of Hewitt 
Associates,
a management consulting firm in Lincolnshire, Ill. "Do we need to see Monica 
Lewinsky's e-mail
messages to various Executive Office persona? Certainly, because they are material to 
an
historical event - the impeachment of the president."

On Capitol Hill, e-mail archiving is at the discretion of the lawmaker. For instance, 
the office of
Rep. Dan Burton, R-Ind., who last week grilled White House counsel about the missing 
e-mails,
stores its electronic messages for a mere week, then overrides them with new work.

The White House, on the other hand, installed an e-mail archiving system in July 1994, 
after a
court ruled that electronic records must be preserved in the same way as federal 
records. It
was such a novel concept at the time that it had to be custom-built.

Another former administration official says he used to hold back on sending something
electronically because e-mails can be so easily copied.

He cited an example of a White House directive electronically leaked to the media in 
1998. It
said certain words related to the first lady's pet millennium project were off-limits 
to
speechwriters, causing an employee to jokingly wonder whether staffers could even say 
"21st
century" in conversation.

But he rejects the assumption that history is being lost in this anti-documenting 
atmosphere.
According to the former official, a great deal still gets zapped around - including 
budget-related
items, speech drafts, and the president's schedule.

And because e-mails, even in the White House, so often mimic phone calls, they add a 
new
dimension to White House archival history. "They're a treasure trove."

But they're also a challenge for the White House tech team. For example, until last 
month,
about a third of the e-mail accounts in the vice president's office weren't being 
captured by
the archiving system, White House counsel Beth Nolan testified.

That includes the account of the technologically savvy vice president. Unlike the 
president and
first lady, who don't even have personal e-mail accounts, Gore is a frequent user. In 
the past,
he's been under investigation for campaign-finance abuse, and potentially new, damaging
material could surface as White House contractors attempt to restore his e-mails to an
electronically searchable format.

"If, as people expect, the retrieval process is finished sometime in mid- or 
late-summer, than
the content of those e-mails could potentially be a very significant issue during the 
fall
election," says Viet Dinh, a law professor at Georgetown University and a former 
attorney with
the Senate Whitewater Committee.

According to counsel Nolan, e-mails coming into the White House went missing from 
August
1996 through August 1998. The cause was capital letters. During computer maintenance, 
more
than 500 e-mail accounts were sent to MAIL2 (instead of Mail2), making it impossible 
for the
archiving system to recognize e-mails sent to those accounts. In another archiving 
snafu,
e-mails sent to staffers whose first name started with D went astray.

The counsel's office points out that some of the "missing" e-mails did make it to 
investigators
because they showed up on searches of individual computers or were saved in internally
forwarded messages. And they are now spending at least $3 million for contractors to 
restore
all the missing e-mails from backup tapes.

But as so often is the case, the crime, if there is one, lurks not in the mistake 
itself, but in its
possible cover-up. Two White House computer contractors say they were threatened by
administration supervisors in June 1998 with unemployment and imprisonment if they 
discussed
the recently discovered errors, even with their spouses.

Other contractors at the meeting do not recall the threats of jail, and officials say 
they never
issued such threats.

Burton said last week that he would hold more hearings on why the computer glitches, 
which
were discovered during the height of the Lewinsky matter, weren't immediately reported 
to
investigators.

"There's something here that's not washing," Burton said.
http://www.nandotimes.com/technology/story/0,1643,500190051-500256043-501310362-0,00.html

Bard

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