Wow! It's so easy! Just type your message, click the "send" button, and
off your message goes to your recipient. E-mail has made a huge impact
on the way business is conducted. Like the telephone, it provides swift
contact with the possibility of leaving a message for later receipt,
review, and action. Like postal mail, it establishes a written record
that can be directed to an individual or group. It can be stored for
later reproduction, consultation, or analysis. It has the advantage of
being sent quickly all over the world without incurring long-distance
telephone charges and without regard for time differences.

However, there are some drawbacks to using e-mail. Very frequently,
e-mail is used as an informal means of communication and people write
about things in e-mail that they would never consider writing in a
formal letter. As Tom Greene, a deputy attorney-general for the State of
California said, "People are so chatty in e-mail."

Recently, e-mail revealed that some employees of the Arthur Andersen
Company were actively involved in shredding Enron documents. Also, stock
analysts with the Merrill Lynch Company were "bad mouthing" some stocks
on the company's e-mail system at the same time they were telling
customers the stocks had great potential for high returns. Sometimes in
anger or frustration, people will also write negative comments about
their supervisors or fellow employees, or make racial, ethnic, or
religious remarks in their e-mail messages to friends. However, once the
e-mail is sent to the recipient, **the sender has [no
control]{.underline} over who else may receive or have access to their
e-mail message.** It can be forwarded again and again and come back to
haunt you long after you have forgotten you sent the message.

These types of e-mail messages leave the sender and the organization
vulnerable to lawsuits. Increasingly, we are seeing individuals in
companies being named in lawsuits as well as the companies themselves.

![](media/image1.wmf)

![](media/image2.wmf)

On the hard drive of the

sender's computer

> On the hard drive of the
>
> recipient's computer **[and]{.underline}**

**[E-Mail and the Law]{.underline}**

When an organization is sued, it can be forced through the discovery
process to turn over thousands of employee e-mail messages to the
opposing side. E-mail is the number one type of electronic record asked
for by attorneys because they know jurors tend to believe e-mail
reflects the author's true thoughts.

One reason why e-mail has become [the]{.underline} place to look for
evidence is because computer data is so difficult to destroy. Just
pressing down on the "delete" key will not delete an e-mail message.
Using "delete" erases the computer address of the location of the e-mail
message on the hard disk, and then the computer cannot find the message
even though it remains on the hard drive. Once "deleted," the computer
may write other data over all or parts of the deleted message.

However, there is something called "forensic software" which can peel
away information written over the original e-mail message and expose all
or most of the deleted e-mail message. Today, technology exists that can
access up to 7 layers of overwritten data to expose the deleted message
and other information. Law firms frequently hire companies specializing
in electronic discovery to ferret out information that was supposedly
deleted.

Unless an organization has hardware or software that will truly erase a
message or a hard drive or tape, then chances are the information will
be available for a lawsuit.

**- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -**

**\*\*To access back issues of the Records Management Information
Bulletin, click on:**

[http://rmppipeline.rmp.mms.gov/mmsknwlpipe/Regulations/MMS/RecordsMngt/RMindex.shtm -
infoBulletins](http://rmppipeline.rmp.mms.gov/mmsknwlpipe/Regulations/MMS/RecordsMngt/RMindex.shtm#infoBulletins)

**[Federal Computer Week, September 23, 2002]{.underline}**

**Enforce E-Records Policy**

Regarding the editorial about e-records management in the Aug. 26 issue
of FCW, you are correct about everyone destroying their e-records.
However, the National Archives and Records Administration does not need
to establish a new policy. It needs to enforce the existing policy.

The current guidelines pertaining to the retention of federal records
are still valid. Just because we are now able to store those records
electronically instead of on paper does not change the requirement to
retain them.

I have 2.98G worth of electronic files on my hard drive. I rarely use my
file cabinet. At a minimum, I back up my hard drive weekly. The problem
is, everyone is using personal folders (like the ones you can create in
Microsoft Corp. Outlook). Those folders do not follow the retention
requirements set by NARA.

**Most personnel believe they can retain all e-mail messages together as
e-mail. This is not true. You must retain e-mail messages the same way
you would retain paper documents --- by the subject of the
information**. If you created a document concerning awards, you would
file the paper document under \"awards.\" You should do the same with an
electronic document concerning \"awards,\" rather than retain it under
\"e-mail.\"

Until NARA sets and enforces penalties for not properly retaining
federal records, agencies will continue to destroy vast numbers of them.
If someone destroyed a military vehicle, that person would be
disciplined. However, if that same individual destroyed permanent
military records, nothing would be said. Until this changes, federal
employees will continue to destroy vital records.

Federal agencies need to actively support their records managers.
Currently, they receive very little support --- sometimes none at all
--- from their commanders. This is evident in the problems the FBI is
having with its records management program.

David Crutcher\
Directorate of Information Management\
Fort Sill, Okla.