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Purdue CS 59000 - Government Information Forecast

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A New Era of Government President Obama’s Memorandum dated 1/21/09 on Transparency and Open Government http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment/Life in the fishbowlE-Discovery: The New RealityA New Legal Term of Art Under the Federal Rules of Civil Procedure: Electronically Stored Information or “ESI”Rule 26(f) Initial “Meet and Confer”Slide 7Slide 8Text messaging, 2009-styleWikis, TWikisSocial Software on the Web (e.g., Facebook, YouTube, etc.)BlogsMicroblogs (e.g., NASA tweets from Mars) NEW YORK (CNN) – 2/13/09 NASA was honored Wednesday for its efforts to inform the public through the popular social-networking Web site Twitter. More than 38,000 people followed NASA's "tweets" of the Mars Phoenix Lander mission. NASA received the "Shorty Award" for documenting the mission of the Mars Phoenix Lander. The Mars Phoenix Lander spent nearly five months in 2008 on the red planet conducting research. Twitter allows users to post updates or "tweets" in 140 characters or less. NASA said it delivered more than 600 updates during the 152 days the Phoenix was operating in the north polar region of Mars. By the end of the mission in early November, more than 38,000 people were following its tweets, NASA said. "We created the account, known as Mars Phoenix, last May with the goal of providing the public with near real-time updates on the mission," said Veronica McGregor, a NASA spokesperson. "The response was incredible. Very quickly, it became a way not only to deliver news of the mission, but to interact with the public and respond to their questions about space exploration."Virtual worldsPublic Records in the CloudsSlide 16The Intersection of the Public Record Laws and E-DiscoveryExamples of potential federal records “in the clouds”Slide 19The Supreme Court on Record RetentionThe Litigation MinefieldTwo Recent Cautionary TalesE-Recordkeeping in Government: Five PathsTransformation Strategy = E-discovery strategy Paper recordkeeping  True E-governmentSlide 25Slide 26Electronic ArchivingImpact of Technology on E-Records Management Applications: On the Ground and in the CloudObama Administration commitment to cloud architectureLeading case precedentApplicable Federal Rules of Civil ProcedureLegal issues swirling in the cloudsLegal issues, con’tService provider agreementsService provider agreements, con’tSlide 36What does the road ahead for federal agencies look like?Slide 38Slide 39Slide 40Relevant NARA PublicationsFurther ReadingFurther Reading (con’t)Cloud Computing: A Life Cycle ViewMITRE ConferenceMcLean, Virginia November 9, 2009Jason R. BaronDirector of LitigationOffice of General CounselNational Archives and Records Administration Government Information Forecast: Partly Sunny, Partly Cloudy --A NARA Lawyer’s PerspectiveA New Era of Government President Obama’s Memorandum dated 1/21/09 on Transparency and Open Government http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment/Life in the fishbowlFOIA Federal Records Act Privacy ActE-Government Act of 2002Clinger-Cohen Act (formerly IT Mgmt Reform Act)Government Paperwork Elimination ActOMB Circular A-130Etc.4E-Discovery: The New RealityA New Legal Term of Art Under the Federal Rules of Civil Procedure:Electronically Stored Information or “ESI” “Electronically stored information”: -The wide variety of computer systems currently in use, and the rapidity of technological change, counsel against a limiting or precise definition of ESI…A common example [is] email … The rule … [is intended] to encompass future developments in computer technology. --Advisory Committee Notes to Rule 34(a), 2006 AmendmentsRule 26(f) Initial “Meet and Confer”The early meet and confer presents an opportunity to show that government “gets it” on the subject of ESI. Lead counsel for the government and agency point persons should be able to discuss preservation of ESI issues fluently, including with respect to + Scope of ESI holdings (key players and custodians of data)+ Preservation of specific types and forms of electronic media involved + Formatting issues (TIFF v ‘native’ v. whatever)+ Access issues (how searches will be conducted)….The ever increasing volume of ESI is a problemIn a world of limited tools and resources…..In a world of limited tools and resources…..8Web 2.0 Technologies as Weapons of Mass Collaboration9Text messaging, 2009-style10Wikis, TWikis11Social Software on the Web(e.g., Facebook, YouTube, etc.)12Blogs13Microblogs (e.g., NASA tweets from Mars)NEW YORK (CNN) – 2/13/09 NASA was honored Wednesday for its efforts to inform the public through the popular social-networking Web site Twitter. More than 38,000 people followed NASA's "tweets" of the Mars Phoenix Lander mission. NASA received the "Shorty Award" for documenting the mission of the Mars Phoenix Lander. The Mars Phoenix Lander spent nearly five months in 2008 on the red planet conducting research.Twitter allows users to post updates or "tweets" in 140 characters or less. NASA said it delivered more than 600 updates during the 152 days the Phoenix was operating in the north polar region of Mars.By the end of the mission in early November, more than 38,000 people were following its tweets, NASA said."We created the account, known as Mars Phoenix, last May with the goal of providing the public with near real-time updates on the mission," said Veronica McGregor, a NASA spokesperson. "The response was incredible. Very quickly, it became a way not only to deliver news of the mission, but to interact with the public and respond to their questions about space exploration."14Virtual worldsThe Library of Congress’ virtual Declaration of Independence display as officially announced and which has opened as an Info Island in Second Life. The exhibit includes dioramas, streamed audio, text in the form of larger-than-life documents, information kiosks and even period furniture.15Public Records in the Clouds16If you build it, the lawyers will come…The Intersection of the Public Record Laws and E-Discovery+ As a baseline, the Federal Records Act requires that appropriate preservation be taken for electronically stored information which falls within the federal record definition (44 USC 3301) + The existence of a valid record retention policy is a factor used by courts in considering whether to impose sanctions when hearing allegations of destruction of evidence+


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Purdue CS 59000 - Government Information Forecast

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Lecture 4

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