Several of the topics about which I’ve previously written — specifically, “the right to be forgotten” and the IRS email scandal — continue making news.  So here are some updates.

  • Forbes reported this week that Google has received about 100,000 requests over two months from Europeans wishing certain search results to be removed.  It points out two big problems with Google’s application of the court decision: (1) it only removes the link from the “local” version of Google, so the incriminating link can always be found on the US or some other country’s version of the Google search page; and (2) Google has been notifying web site owners of the removal of the links, which then tends to spawn an investigation that brings the story back into the news cycle, which of course defeats the whole purpose of making it harder for people to locate this information.  It’ll be interesting to see how the interpretation and application of this decision morph over time.
  • A records management take that was posted last week on the IRS email scandal acknowledges the complications of capturing federal records produced as email.  It cites Meg Phillips of the National Archives and Records Administration (NARA) as saying, “the scale of electronic records being created requires more individual decisions than users can be reasonably expected to process in a manual way.”  One possible solution is being tested by the Department of the Interior, whose Office of Records Management is working with NARA on automating the process of identifying which emails fit into which of 500 retention categories in the general records schedule.  They’re piloting an auto-classification system that can index records using algorithms and automatically file them.  While this wouldn’t necessarily have prevented the IRS debacle, it does address a growing problem.  The article goes on to suggest that in order to guarantee honesty, the government needs to be tested more often — in terms of being required to produce public records within a given period of time.  The founder of a company that provides archiving platforms for organizations is quoted as saying that the Securities and Exchange Commission regularly requires private companies to produce records within 48 hours, but the same rigor is not applied to government requests.  Perhaps if the IRS had been in the habit of promptly supplying records, they would have recognized their IT problem long before it was irrecoverable.
  • Of course, it’s increasingly looking like those emails are recoverable.  According to the Washington Post, the House Oversight and Government Reform Committee released testimony Tuesday showing that IRS Deputy Associate Chief Counsel Thomas Kane told congressional investigators that the agency is no longer certain whether it recycled all of the backup tapes containing Lerner’s e-mails.  And perhaps that hard drive was just scratched.  The chairman of the committee said it best: “It is unbelievable that we cannot get a simple, straight answer from the IRS about this hard drive.”  Maybe one of these days we’ll actually get to the bottom of this story.  But don’t count on it happening any time soon.
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