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A regulation issued in 2009 established that electronic records of
government business must be saved. So, even before the 2013 guidance, “the
use of a private account was to be rare and occasional, and not to be the
norm,” said Jason R. Baron, a lawyer at DrinkerBiddle and former director
of litigation at the National Archives and Records Administration. “To
solely use a personal e-mail for four years is something that is highly
unusual,” Baron said. Using a private account “without using an official
account is inconsistent with the Federal Records Act.”

Obama signed an amendment to the Federal Records Act in November that makes
the rules explicit. It says messages federal employees send on personal
accounts must be automatically forwarded to an official account or sent to
that account within 20 days. The measure wasn’t in effect when Clinton
served in the administration.

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Peterk
Dallas, Tx
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