Please Forgive Crossposts.
   The opposing lead attorneys in the PROFS Case will be featured
   at a session of the Annual Meeting of the Society of American
   Archivists, in Washington, D.C. on Sept. 1, 1995
   David de Lorenzo pulled together the session, description follows.

         ARMSTRONG V BUSH : A PANEL ON THE LEGAL
         DISPUTE OVER FEDERAL ELECTRONIC RECORDS
On January 19, 1989, the United States District Court of the
District of Columbia issued a temporary injunction filed by Scott
Armstrong of the National Security Archive and others to prohibit
the destruction of the White House electronic mail and records
system (known as PROFS).  Since that time the case has gone
through a variety of appeals, decisions, motions, and cross-appeals.

The case involves a number of essential issues relating
to the definition of a record, the creation and storage of
electronic records, and the final disposition of such records.
The decisions promulgated by this litigation will continue to
have an increasing influence on the nature of electronic records
created and managed by the government in the years ahead.  As
David Bearman stated: "Armstrong v. the Executive Office of the
President revealed that a variety of issues having to do with
archival accountability are unresolved in the minds of government
employees and that misunderstandings of electronic records
requirements are common among information system administrators.
If archivists do not use this and other opportunities to
articulate forcefully what we expect from records creators and
system designers and to extend our mission and authorities both
legally and in practice, we will lose most of the archival record
of the next decade and squander our role as protector of the
public interest in documented and accountable government."
(56 American Archivist 674).

The panel will focus on the following questions: Should
electronic mail be considered records under the Federal Records
Act? Does paper copy of electronic messages represent an
equivalent counterpart to the text and context of such messages?
Is the National Security Council an agency of the federal
government? Does the Bush/Wilson agreement contradict federal
records laws?  What are the government's (and NARA's)
preservation and access responsibilities with federal electronic
records?

The panel will consist of Jason R. Baron, Esq. of the U.S.
Justice Department representing the case for the Government
(defendants), and Michael Tankersley, Esq., of the Public
Citizens Litigation Group, representing the case for the
plaintiffs.  David de Lorenzo, Curator of Manuscripts and
Archives, Harvard Law School, will act as
moderator/commentator. It will take place: Friday, September 1,
1995, 9 a.m., Annual Meeting of the Society of American
Archivists, "Military" Conference Room, Washington Hilton and
Towers, Washington, D.C.
          ----------------------------------------------
Contacts:
David de Lorenzo   [log in to unmask]
Curator of Manuscripts and Archives, Harvard Law School
                            ---------------------------
Society of American Archivists, 600 S. Federal,  Suite 504,
Chicago, IL,  60605             (312) 922-0140

   Information about the PROFS Notes Case and the related issues
   of the record status of electronic mail in Government is available
   via E-mail.  Send requests to  [log in to unmask]  in the subject
   line put Join, in the message body put your e-mail address and the
   list from which you saw this notice.  Thanks.      Eddie