By Jon Neiditz
Secretary Clinton will likely do unintentionally for the duty to preserve electronic records in controversy what Edward Snowden did intentionally for the very right to privacy from government surveillance that Secretary Clinton now claims: She may put it on the map—into the global, public tag cloud—in a big way.
Disseminating deep understanding of electronic records and electronically stored information (“ESI”) is an important component of enabling the free world of digitally-resilient people that we arguably need. In order to help the public achieve that benefit and make informed choices about its legal and political future, we need to take a step back from the political and media feeding frenzy, as well as the minutiae of what the State Department did or did not require or provide, however, to focus on the largest societal issues and teachable moments provided by the email scandal. Those largest messages all relate to dominant and evolving legal and professional standards of “reasonableness” in at least several professional areas of focus. For that reason, we have assembled a team of independent information governance commentators to speak to different dimensions, a team that may grow as more facts emerge and as we benefit from your thoughts.