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Clinton Regrets, But Defends, Use of Family Email Server

dcblogs writes: Former Secretary of State Hillary Clinton said Tuesday that, in hindsight, her decision to use a private email server to conduct official business was not the best one. But she is defending it and said the system was secure. Clinton, at news conference in New York, said the email server that she used had been set up for former President Bill Clinton. The system had "numerous safeguards" and is on home property protected by the U.S. Secret Service, she said. "There were no security breaches," said Clinton. "I think the use of that server, which started with my husband, proved to be effective and secure," she said. It still remains unclear about just how appropriate Clinton's system was. As a general rule, government IT policies don't give federal employees the option of using their own email accounts to exclusively conduct government business.

11 of 609 comments (clear)

  1. As if SMTP were ever secure... by mellon · · Score: 5, Insightful

    The sad irony here is that the Clinton presidency was the first where they had to set up a real email presence, and they hired some really smart people to do it. They did a great job. But that was a long time ago, and things have moved on. So they're getting criticized for using SSL 2.0 for transport security, which is a valid criticism now, but is still better security than most people have. And of course it's not like security on government servers is better. So this is kind of obviously a deliberate attempt to create a fuss over something that really isn't as significant as it's being pumped up to be.

    On the plus side, maybe more people will start using strong TLS transport security for their email...

    1. Re:As if SMTP were ever secure... by khasim · · Score: 5, Insightful

      In my opinion, the security is not the main point. It's a close second but not the main point.

      The main point is transparency. Her official emails need to be controlled by some official other than her. So when someone files a FOIA request it can be assigned to a disinterested 3rd party.

      Then it gets down to security.

      She keeps switching from the segmentation of roles (official, non-official, personal, etc) to the security. She has got to be smart enough to understand that different roles have different requirements and those requirements are NOT based upon whether bad guys can crack her server.

    2. Re:As if SMTP were ever secure... by cahuenga · · Score: 5, Insightful

      Then call it an ethical dilemma

      Hillary was a Senator, front-row during the Bush Email Fiasco. She knew what was expected and knew it was a liability should it become public. She was also fully aware of the advantages as a future candidate for higher office – Namely, sanitizing rights to her official record if needed.

    3. Re:As if SMTP were ever secure... by Anonymous Coward · · Score: 5, Informative

      General Petraus just plead guilty to talking CLASSIFIED documents home and giving his biographer access to it.

      Note that if Hilary knowingly used even a *federal Internet server* to send *classified* emails, she'd be facing jail.

      But go ahead and try to muddy the waters, GOP astroturfer.

  2. Clear to me by OffTheLip · · Score: 5, Informative

    Ms. Clinton can use her private server for anything personal anytime she wants. Her government business, especially cabinet level correspondence, must originate from a state.gov address. During my work for the DoD email messages had to be digitally signed with a government issued smart card (CAC) to provide authenticity. It's a tenant of best practices. I can't imagine the State Department not adhering to the same standard of security when doing the people's business.

  3. FOIA by erikkemperman · · Score: 5, Insightful

    Seems to me the reasons for her decision to use a private server for government business are pretty simple. It means that she (and her staff) get to decide which documents should be forked over in response to FOIA requests.

    In a just world this server would now at an independent expert for thorough inspection.

    Same thing for congressional oversight. Case in point: Benghazi.

    Also, it keeps all of her correspondence out of the official protocols. She wants to delete some stuff? No problem. That would be more complicated if she had used her government-issued means of communication.

    I seem to remember from earlier incidents (like the hack of Sarah Palin's personal mail) that this is *not legal*. For good reasons.

    Finally, it is basically a given that some of her correspondence contains sensitive, if not outright secret, information. If someone like Thomas Drake gets threatened with ridiculous punishment for having *un*classified information on his home PC, surely this here should land Mrs Clinton in a whole lot of trouble. But, well, who am I kidding, right?

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  4. Re:In other news by Karmashock · · Score: 5, Informative

    It specifically is illegal actually.

    And the destruction of government records is a felony.

    news at 11. ;)

    Her email records were sopeniaed by congress in the middle of that bengazi thing and they were never provided because the state department didn't have them despite by law having a right to have them.

    If government officials can use private email servers to host government emails then there is no way to know who said what to whom when. The whole point was to have the records with a trusted third party that could be audited.

    Because she self hosted her own email there is no such third party and we have to "trust" that she didn't delete government emails.

    Given that there are gaps of MONTHS in the records she provided there is no way that she didn't unless she didn't send a government email despite being the head of the state department for months.

    How fucking likely is that?

    I'm not saying she's going to jail. She's too powerful and her political allies are too powerful. That doesn't mean she isn't as of this moment almost certainly a felon.

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  5. Re:No, It's NOT illegal by Karmashock · · Score: 5, Insightful

    She has months of gaps in her emails. That's not credible.

    There is no way she sent no official emails while head of the state department for months.

    As to your ad hominem on Fox news... it doesn't matter who says a thing. If the devil himself stood before you and said 1+1=2... is he lying?

    Saying that it is from fox so is wrong is equally stupid. It is ad hominem. Do better.

    As to requirements to use the US government servers, yes she is required to use them. She can use private email if she BCCs or CCs all the email to the government account. Otherwise she can't do it.

    And even then that is frowned upon.

    If on top of that she destroyed government documents then that is a felony.

    She has MONTHS of gaps in her emails. Which means she's either filtering mails in sensitive periods of time to carefully redact information she doesn't want to reveal or she actually deleted them.

    I suspect it is the first option. The server should have been ceased and gone over by independent computer forensic investigators. Same thing you'd do if you were auditing a corporation that wasn't cooperating with discovery.

    She'll almost certainly get away with it. But that is more because she's powerful and has powerful friends rather then because she didn't do anything.

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  6. Re:It's not a "moral dilemma" to a Clinton by adisakp · · Score: 5, Informative

    Laws are for the little people, not them.

    The Presidential and Federal Records Act Amendments of 2014 became law on November 26, 2014. Clinton's final day as secretary was February 1, 2013.

    The "Law" that everyone keeps claiming that she broke wasn't effective until a year and a half after she left office.

    There was absolutely no legal requirement at the time of her tenure to use a government e-mail. Furthermore, she retroactively complied with the records portion of the law by turning over any business related e-mails she had on her home server archive.

    Also, previous Secretaries of State, like Colin Powell, used personal email as well. In his case, they didn't even archive it so many of the emails are lost. We'll never have access to his electronic discusssions about, say, the decisions leading for him to give a speech at the United Nations calling for the Invasion of Iraq.

  7. As always, dodging the salient issue by Anarchitektur · · Score: 5, Insightful

    Every blurb I see about this story, she defends her decision to use a private email server on the basis that it was "secure." Regardless of the veracity of those claims, the security of the system is not the point. She conducted official government business on an email server under her control. When subpoenaed, she produced all emails she deemed to be responsive to that request and all other "non-business" emails had been deleted and says, "trust me, this is everything."

    Security is obviously a concern, but the reason that these rules regarding emails exist is for oversight. Government email servers aren't under the control of the politicians using them, and that mitigates the risk of spoliation of evidence. With that in mind, defending her decision on the basis of security is non sequitur. The ridiculousness of her defense becomes more apparent through hyperbole: Yes, I ate babies, but safeguards were in place to make sure those babies were free of bloodborne pathogens.

  8. Re: In other news by Straif · · Score: 5, Interesting

    Destruction or attempting to hide federal records (which all SoS emails are) has always been illegal (since the 50's or so). The more recent law changes were more to clarify how records were to be archived (set a max 20 day limit on external records being transferred to your agencies official archiving system for example).

    Her use of a private email account is also not illegal although it violated a State policy in place before she took office, but even when using private email all records are required to be turned over for archiving.

    So she's not in violation of the 20 day law, since it was passed after her time in office, but she is in violation of the original law requiring all records be archived. Her only defense was that it took her team 2 years to finalize their archiving plan and they were just about to start when they happened to get subpoenaed. So far she has not shown any archiving plan was ever in place.

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