Public Service and Private Servers: The Law of Government Information Retention and Security - Podcast

There has been much in the news recently relating to public officials’ transmission and retention of public records, and the classification and security practices related to the information contained therein. Prime examples include the conviction of former CIA Director David Petraeus for mishandling classified information that he kept in his home in violation of security protocols, and the many issues related to the revelation that former Secretary of State Hillary Clinton, during her tenure in office, used a private email address hosted by a server located in her home to conduct official business, some of which may have been classified.

In this Teleforum, Professor Nathan Sales, a law professor and a veteran of the Departments of Justice and Homeland Security, and Shannen Coffin, former Deputy Assistant Attorney General for the Justice Department’s Civil Division and later Counsel to Vice President Cheney, will discuss several of the national security, criminal, and regulatory dimensions related to the handling of sensitive government information. What laws and regulations define government officials’ responsibilities concerning the classification, transmittal, and retention of government information? Are government employees allowed to use private servers or commercial email services to conduct official business and transmit government documents? Are government servers in fact the most secure way of communicating sensitive information, or do rules that confine certain communications to official channels serve chiefly as recordkeeping purpose? Are classification markings on documents mere bureaucratic measures, or does their presence or absence on a document containing national security information have legal significance? Does an official who is an Original Classification Authority have legal duties different than other government employees to safeguard sensitive information?

Our experts broke down these issues as they relate to the national security, counterintelligence, law enforcement, and administrative functions of the government.

Featuring:

• Mr. Shannen W. Coffin, former Deputy Assistant Attorney General, Justice Department's Civil Division
• Prof. Nathan A. Sales, Associate Professor of Law, Syracuse University College of Law
• Moderator: Mr. Adam R. Pearlman, Special Advisor, International & National Security Law Practice Group