[12203] in Public-Access_Computer_Systems_Forum
PROFS Case: Results of Legal Ruling
daemon@ATHENA.MIT.EDU (Eddie Becker)
Tue May 12 20:45:41 1998
Date: Tue, 12 May 1998 14:09:41 -0500
From: Eddie Becker <ebecker@cni.org>
To: PACS-L@LISTSERV.UH.EDU
Reply-To: Public-Access Computer Systems Forum <PACS-L@LISTSERV.UH.EDU>
----------------------------Original message----------------------------
WASHINGTON POST, Sunday, May 10, 1998; Page W04
Those Evil Weeds By Al Kamen * * * . and Don't Delete the E-Mails
Some folks think that Clinton press secretary Mike McCurry has retired the
spinmeister-of-the-century trophy. But not so fast. National Archives
director John Carlin and his troops are making a se-rious run for the
award. U.S. District Judge Paul L. Friedman in October declared that a
Carlin regulation advis-ing government agencies that they may wipe out
electronic mail and other computerized records without regard to their
content was "null and void." Last month, the judge found that the Archives
had continued to use the regulation and had "flagrantly violated" the
court order by telling agencies they could "continue to rely upon"
Carlin's voided regulation even "when [Carlin] knew there was no such
authorization."
Sounds like bad news? Au contraire!
Here's the Archives press release, issued the day after Friedman's most
recent ruling:
"Archivist of the United States John Carlin today welcomed encouragement
from a U.S. District Court for efforts of a special work group appointed
by Carlin to help the federal government manage, preserve and provide
access to electronic records of continuing value."
The release acknowledged that Friedman ordered Carlin to stop saying that
the voided regulation "authorizes the disposition of electronic records."
But it noted that the judge said nice things about the working group, and
Carlin said, "We will certainly comply with this order."
Wonder what the spin would've been if Friedman had cited Carlin for
contempt (as he had threatened to do)? Maybe that would've been declared a
clear-cut victory.
