Feds' e-mail botch earns a raspberry
Information officers' council cited for not preserving electronic messages

By Michael J. Sniffen
The Associated Press

updated 6:19 p.m. CT, Fri., March. 12, 2010

http://www.msnbc.msn.com/id/35844518/ns/technology_and_science-tech_and_gadgets


WASHINGTON - As the Justice Department hunts for the latest batch of 
missing federal e-mails, the officials who oversee spending of $71 
billion a year for information technology got a big raspberry Friday for 
a 14-year-long failure to ensure that government e-mails are preserved.

For all the spending it oversees, the Federal Chief Information Officers 
Council is virtually unknown to the general public. Now it has "won" 
this year's Rosemary Award for the worst open government performance.

The Rosemary is bestowed by the National Security Archive, a private 
group that publishes declassifed government information and files 
lawsuits and many Freedom of Information Act requests for federal 
records. The award is named for former President Richard M. Nixon's 
secretary Rose Mary Woods, known for re-enacting her claim to have 
accidentally erased 18-1/2 minutes of a White House tape recording when 
she stretched to answer a phone.

Comprised of the chief information officials from 28 departments and 
agencies, the council was established by President Bill Clinton in 1996 
and written into law by Congress in 2002. It describes itself as the 
"principle interagency forum for improving practices in the design, 
modernization, use, operation, sharing, and performance of federal 
government information resources."

The archive, however, said neither the council's founding documents, its 
2007-2009 strategic plan, its transition memo for the Obama 
administration, nor its current Web site even mention the challenge of 
managing e-mail records.

'Bad case of attention deficit disorder'
"The CIO Council has a bad case of attention deficit disorder when it 
comes to the e-mail disaster in the federal government," said archive 
director Tom Blanton, author of a book on an e-mail lawsuit against the 
Reagan, Bush and Clinton administrations.

"We hope this year's Rosemary Award will serve as a wake up call to the 
government officials who have the power, the money and the 
responsibility to save the e-mail sent in the course of the public's 
business."

In 2008, the Government Accountability Office estimated the historic 
records of about half of senior federal officials it checked were not 
preserved in paper printouts, and two public interest groups that year 
could not find a single federal agency that required e-mails be 
preserved electronically, the archive said.

Office of Management and Budget spokesman Tom Gavin said the Obama 
administration is "firmly committed to ensuring that the records of this 
administration are properly retained and preserved. We have even worked 
to restore records from past administrations," citing a December legal 
settlement with the archive that recovered e-mails the Bush 
administration had said were lost.

"We look forward to continuing to improve records management across the 
government," Gavin added.

Still searching for Yoo e-mails
In the most recent e-mail debacle, the Justice Department, prodded by a 
stern demand by Senate Judiciary Committee Chairman Patrick Leahy, 
D-Vt., is still searching for the e-mails of John Yoo, who wrote a 
lenient legal memo in 2002 justifying the Bush administration's harsh 
interrogation of terror suspects.

The Bush administration later retracted Yoo's memo. A Justice internal 
watchdog office reported that its subsequent investigation of Yoo and 
other department lawyers who worked the memo was hampered by the loss of 
Yoo's e-mail records and those of another attorney who challenged his work.

The department recently concluded that Yoo, now a University of 
California law professor, and his boss, Jay Bybee, now a federal appeals 
court judge in San Francisco, showed poor judgment and provided 
significantly flawed advice but committed no misconduct.

In 1989, the archive began a long-running lawsuit to force the 
preservation of White House e-mails after it learned of a Reagan 
administration attempt to destroy e-mail backup tapes.

The litigation continued in various forms against Presidents George H.W. 
Bush, Bill Clinton, and George W. Bush and was joined by Citizens for 
Responsibility and Ethics in Washington. The two groups reached a 
settlement with the Obama administration that included recovery of 22 
million e-mails previously missing or misfiled.

URL: 
http://www.msnbc.msn.com/id/35844518/ns/technology_and_science-tech_and_gadgets/

-- 
================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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