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Subject:
From:
Jesse Wilkins <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Thu, 13 Aug 2009 08:06:19 -0600
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Disclaimer: I am not an attorney. But without being intimately familiar with
AK law, I don't know that this would eliminate the need to produce those
emails sent through the private account in the event of audit, open records
request, or litigation - it would just make it slightly more difficult and
potentially increase the risk of spoliation (which is already against the
law). The key reference is "conducting state business" - whether that's
through Alaska.gov email, Gmail, SMS, Twitter, or sending smoke signals. 

And of course as Peter noted the legislature could act affirmatively to
prohibit use of outside email for state business, but I maintain that unless
the legislature outlaws any and all channels that now or ever will exist,
the better avenue of attack is on ensuring that state business-related
communications can be retained. 

Respectfully submitted on behalf of myself and no other company,
organization, association, entity, or board of directors,

jesse
[log in to unmask] 
(303) 574-0749 direct
Twitter: http://www.twitter.com/jessewilkins 

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