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Media: All Government E-Mails Public Records


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Panel Reviews State E-Mail Records Policies
Panel Reviews State E-Mail Records Policies

The state should archive all e-mails to and from government offices as public records that could be examined later, media representatives told a state panel Thursday.

Gov. Mike Easley appointed the committee to review policies on handling e-mails and text messages after a fired Department of Health and Human Services spokeswoman said last month that the Governor's Office had an unwritten policy to delete e-mails every day.

Easley and members of his staff have denied the allegation, although handwritten notes from two public information officers support the fired worker's claim. The notes, taken during a May 2007 meeting, indicated the governor's press office told public information officers to delete e-mails.

In a Wednesday interview, Easley said he trusted state employees to delete only frivolous e-mails, such as invitations and jokes.

Media representatives told the committee Thursday morning that employees shouldn't be put in the position of determining what is a public record.

"Any policy that allows the destruction of e-mails is in blatant violation of the state's open records law. It also offends the principle of open government that this state cherishes so much," said Rick Thames, editor of The Charlotte Observer. "No individual can decide what is or isn't of lasting value. The people of North Carolina will decide the value of that public record."

Mark Prak, an attorney for the North Carolina Association of Broadcasters, said e-mails were critical to building a criminal case against former House Speaker Jim Black. Black pleaded guilty last year to state and federal corruption charges and is now serving a federal prison sentence.

"(E-mails) are an essential part of the government oversight process by citizens and the media," Prak said.

Easley said the executive branch of state government receives about 900,000 e-mails each work day. He said it would be costly to save every message.

Media representatives said the state should look into purchasing e-mail archiving software, which one editor said could cost from $120,000 to $3 million. They said the cost and inconvenience of storing e-mails shouldn't be an excuse to delete the messages.

"Do we in fact have potentially an institutional abuse of the retention of e-mails? That is where we need to start," said Jim Hefner, WRAL general manager and president of the Association of Broadcasters.

A representative for state employees said policies need to set clear guidelines regarding e-mail.

"What we don't want to happen is for state employees is to be pulled into a political situation, where they're making judgment calls and politicians second-guessing their judgment," said Dana Cope, executive director of the State Employees Association of North Carolina.

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And if you have to save everything, what do you do about the spam that your IT department prevented you from getting in the first place? DataClerk has a point, save the outgoing, not the incoming. There is a lot less to save since you only save 1 copy not 1 copy for each of the kazillion people who were copied on the email.

Few people seem to be aware to the fact that once something is put on a hard drive, it is there forever until it is written over, which only happens when the hard drive is filled to capacity, or the hard drive is destroyed. This applies to all emails, files, and cookies that show what web sites the user has been to. Even when you 'delete' the above, they are still there, most people cannot get to them. Only some law enforcement agencies can access them, it takes specia; software to access them. Why do you think law enforcement agencies confiscate peoples' computers after a crime and are able to produce the emails and links they do, even if they have been supposedly 'deleted' them. ONCE ENTERED ON A COMPUTER, THE DATA IS FOREVER THERE EXCEPT AS MENTIONED ABOVE. To be such a technology savy generation, most people seem to dumb as dirt about how technology devices operate. From a 61 year old "baby boomer" electrical engineer.

How about scratch pads, doodles, etc.? These should all be scanned and filed? When is trash not trash? Does over reaction fit here? I think so!!

Saving/Archiving all state emails is a waste of taxpayer money. The 900,000 emails is just the executive branch, what about the other branches. Save the elected, appointed, and high-ranking officials emails, those are the ones people are concerned with and those people should expect public scrutiny, but for the rest of the state employees, our emails are of little concern to the public. If there is reason to suspect an employee of wrongdoing, even deleted emails can be recovered from a personal computer. The state auditor, Les Merritt, actually had the computers in Richard Moore's office investigated earlier this year after reports of misuse. Recovered material showed the computers had been used for political or campaign purposes.

Terabyte drive? Heck we are still using 20 gig drives with 256 megs of memory. We get turned down on request to buy more memory. If a drive crashes or power supply fails we have to scavenge one from another machine that's not being used. You'd be surprised at some of the equipment government offices are using. I've got machines in my attic that are more powerful that I don't even use any more. My servers are 15 years old and you can't even get parts for them any more. I'm just saying don't think that just because it's a government oganization that they are on the cutting edge technology wise. The people who control the funds generaly are clueless about technology.

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