The Private Email Mandate

One of the most striking aspects of the Hillary Clinton Defense Organization is the "everybody does it" appeal.  The logic goes that every Secretary before her ( at least one in a previous administration ) used personal email, admitting to having two accounts, one for personal mail.  That is far short of everyone, so we need to think about boosting the numbers up and calling for changes in policy that would allow any government official to do what Hillary did.  An Executive Order could wipe away any future problems for the Clinton Foundation, and clear the way for her to campaign without fear.  

A draft of Executive Order 44759 reads as follows:  

The President sees a benefit to allowing employees of the Federal government to use private email services for all business they conduct, so long as the information contained in that business correspondence is unclassified, within the meaning of the National Security Act.  

This Order meets the intent of the Paperwork Reduction Act and the Records Management Act.  Records contained on personal email must be reviewed by each individual employee and those which comprise official business forwarded to the agency for archival purposes.  The decision of whether information is business related is the perogative of the employee.  IT services may be located at a private residence, a commercial service, or a combination of both.    Employees travelling outside the continental U.S. or directing correspondence to foreign nationals must encrypt email services if they are transmitted over foreign networks.  

This opportunity for employees to maintain their own email systems recognizes Federal government agencies cannot maintain the privacy of individuals who work for them.  That business eventually becomes public and may result in some personal impact.  Since disclosures have caused employees embarrassment in the past, all employees will be able to review their mail for any issues that might reflect on their ability to perform their duties, or matters related to their personal habits, physical well-being, or health.  All other email must be archived as directed above.  

The Freedom of Information Act will apply only to those matters of correspondence which have been reviewed by the employee, the government agency, and/or representatives of both.  

Law enforcement activities may apply to courts for authority to examine personal records maintained by the employee.  A special Privacy Court will be established for this purpose.  

The benefits have been researched by the Congressional Budget Office and Office of Management and Budget and are contained in a report referenced below.  On page 452, savings clearly show a reduced cost for the general fund, and specific costs related to maintenance of email services for government employees.  These savings will exceed $500 M per annum.  

Agencies will develop policies to support the implementation of this Order not later than the beginning of FY 2016, which begins 1 September 2015. 

orginal signed

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