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Comment Re:FB should did it (Score 1) 447

Wrong.

Had she been alone in that apartment you might be correct. There was a five year old child in that apartment.

Let's go with your proposal to wait it out. She then decides there's no other way out other than to kill herself and she doesn't want her child to live in her interpretation of a screwed up world so she kills the child before offing herself.

Wouldn't you be asking why the cops didn't forcibly enter that apartment and prevent her from kill her child?

Comment Re: FB should did it (Score 1) 447

I'm not sure why you think a knife isn't a lethal threat.

Knife attack training video

I agree that just because someone has a knife doesn't mean they're a threat, just as someone having a gun isn't necessarily a threat just because of the gun. Someone on their feet behaving in a threatening manner with a knife is most certainly a lethal threat, though.

Comment Re:Fuck ALL those assholes! (Score 1) 660

It wasn't just the Democrats that tried to prevent people on the "lists" from being able to buy firearms. Cornyn also introduced a bill preventing anyone on the list, or had been on the list within the past 5 years, from buying a firearm. His bill satisfied the NRA and the ACLU's concerns by requiring the government to prove to a judge within 72 hours why the person should be permanently barred from purchasing. Harry Reid didn't like that the bill was supported by the NRA and Joe Manchin didn't like the due-process requirement. It, too, failed on a party line vote.

There were 4 gun-control measures brought for a vote, 2 by the Democrats and 2 by the Republicans; all failed along party lines.

"Not all Democrats are for a complete ban on guns..." While this statement is true, there are enough Democrats in positions of leadership that want to ban some sets of guns that, taken in aggregate, represents pretty much a ban on the most useful and popular guns. "Australian-style gun control," popular with both Clinton and Obama, is a ban on semi-automatic rifles and shotguns. "Assault weapon" bans are a ban on the most popular rifle in the country.

By the way, there's significantly less regulation on operating a vehicle than in operating a firearm (treat guns like cars). There's also a lot more paperwork involved in buying a firearm than in getting a hunting license, at least for the states in which I hunt.

Comment Re:The FBI getting in front of Criticism (Score 1) 404

We're seeing the differences between two hard-set protocols.

Before Columbine, the standard protocol for an active shooter was to wait for force to arrive and organize before storming the building. After realizing how that protocol led to more deaths they changed the protocol to immediately enter and engage the active shooter.

In Orlando the police confirmed that they went from an active shooter to a hostage situation and changed the engagement protocol.

The protocol for dealing with hostage situations is still to wait until sufficient force has arrived along with a hostage negotiator. It wasn't until "negotiations" failed in Orlando that the SWAT team moved in.

The surgeons at the trauma center said more people could have been saved had they gotten to them sooner. I fear that a well-planned attack taking advantage of known protocols would be to injure as many people as possible, "take hostages" and then use other weapons to finish what was started; e.g., us a knife to kill any injured but still surviving victims.

I expect these protocols will be re-examined and would think that once an active shooter is engaged, no matter what happens in the mean-time, the immediate reaction will be to enter. The balance that needs to be struck relates to how much do you increase the danger to hostages and law enforcement by moving to an immediate action plan. They know that an immediate action plan is better for active shooters and, I suspect, they will discover the same for hostage situations.

Frankly, the target's protocol for dealing with this type of situation also has to change. We call the police the first responders but, in actuality, the victims were the first responders. This individual had already killed several when he ushered the hostages into a rest room. The people in that room had to have the mind set that they were already dead until something happened and they would be better off making that happen themselves rather than waiting for the cavalry.

Comment Re:Preservation rule question (Score 1) 371

They were required to print out paper to archive. However, from the report:

S/ES staff have provided numerous trainings for the Office of the Secretary on records preservation responsibilities and the requirement to print and file email records. However, S/ES staff told OIG that employees in the Office of the Secretary have printed and filed such emails only sporadically.

On the size of the Office of the Secretary, you need to include the support staff that are in some of the sub-sections. For example, the Chief of Staff isn't just a person but is an office. If the Chief of Staff has, for example, five assistants then you would need to include those people in the headcount of the Office of the Secretary.

Comment Re:Preservation rule question (Score 1) 371

I'm not sure how many ways I can answer this or how many citations I can provide. You want to go over the IG's report and create a counter argument, be my guest. I've provided an answer and citation for each and every question you've asked and you still seem to be lost in disbelief that Secretary Clinton actually did something wrong.

From two replies, and many more, ago:

In 2009, IRM introduced SMART throughout the Department, enabling employees to preserve a record copy of emails through their Department email accounts without having to print and file them. However, the Office of the Secretary elected not to use SMART to preserve emails, in part because of concerns that the system would allow overly broad access to sensitive materials. As a result, printing and filing remained the only option by which emails could properly be preserved within the Office of the Secretary in full compliance with existing FAM guidance.

The above came from the IG's report, which you either are ignoring or can't comprehend. In case of the latter, here's the explanation:

- The Department of State instituted a system called SMART that allows a copy of emails to be stored in compliance with National Archive's rules
- The Secretary's office chose "not to use SMART," "because of concerns that the system would allow overly broad access to sensitive materials."

In conclusion, the rest of the Department of State uses a system called SMART to be in compliance. The Secretary's office didn't want to use SMART. Therefore, since there was no other compliant system in place at State, the Secretary's Office had to print and file their emails to remain in compliance.

I've provided that answer multiple times and provided multiple links to the explanation. Have you bothered to read them?

I've also answered, multiple times, where to find the regulations. In fact, I provided what I thought was a helpful pointer to the IG's document that gives the statutes and regulations, along with a detailed history of their origin and interpretation by courts, the Federal Government and the Inspector General's office. Apparently, that still wasn't enough to satisfy your curiosity.

Do your own Google search and when you're ready to counter the IG's report with factual arguments rather than repeating the same questions over and over then you can get back to me.

Comment Re:Preservation rule question (Score 1) 371

Call the IG's office. It's not my interpretation, it's theirs. The Inspector General of the Department of State said, and I quote, "...As a result, printing and filing remained the only option by which emails could properly be preserved within the Office of the Secretary in full compliance with existing FAM guidance."

What about that statement is unclear to you?
What about that statement requires interpretation from me, whether my interpretation is right or wrong; printing and filing are and were the only legal option.

Help me understand how CC'ing, given the statement from State's IG, can in any way allow them to remain in "full compliance with existing FAM guidance." Explain how CC'ing is even a "possible step." The emails had to be printed and filed. They were not. Therefore, the Office of the Secretary was not in compliance with the Federal Records Act - according to the Inspector General.

You're disagreement isn't with me, it's with State's Inspector General. You keep saying I'm wrong in criticizing your solution. O.K., I think your solution is wonderful, fantastic and better than anything anyone else has ever considered. Now, explain to me how it comports with the requirements as outlined by the Inspector General.

Comment Re:Preservation rule question (Score 1) 371

I've not only answered these questions before but I provided links to the Inspector General's report. You want to go on and keep defending the indefensible, then go ahead. The links to the exact text of the laws is included in the IG's report. The IG gave a thorough explanation of the history of the legislation, the regulations and how Secretary Clinton failed to follow the law.

You want to armchair quarterback the IG's report then that's your business. But don't pretend to have a discussion or debate when you don't even bother read the fucking responses or citations you've been provided.

From a previous response I provided to you:

From the document, again:

In 2009, IRM introduced SMART throughout the Department, enabling employees to preserve a record copy of emails through their Department email accounts without having to print and file them. However, the Office of the Secretary elected not to use SMART to preserve emails, in part because of concerns that the system would allow overly broad access to sensitive materials. As a result, printing and filing remained the only option by which emails could properly be preserved within the Office of the Secretary in full compliance with existing FAM guidance.

The above comes from the first paragraph of page 8 of the IG's report.

Comment Re:Preservation rule question (Score 2) 371

The regulations under the Federal Records act allow 3 methods for storing email as a record. The State Department doesn't meet the requirements for one of them and the Office of the Secretary chose not to implement another one. That leaves a single, legal method for the Office of the Secretary of the Department of State: printing.

Regardless of the intermediate form, even if the Secretary's office met the requirements in order to use electronic storage of the emails, the method you describe in simply cc'ing someone does not satisfy the process requirements of the regulation. Nor does saying, "Hey, I sent it to someone else in State so, therefore, it's on the up-and-up as far as the Federal Records Act is concerned."

You may think it a simple technical matter to search email archives. It may or may not be depending on how State has implemented their email. It doesn't matter though because National Archives has established a procedure which must be followed and the Secretary's office did not follow the procedure.

I've worked for the federal government and I've sold product to the federal government. I know the documents I was required to sign and I sure as hell stayed on the right side of the law because of the language in those documents. I was reminded on almost every page that violation of the regulations could result in jail time. Secretary Clinton signed such papers when she became Secretary of State. I don't think it's too much to ask that her office follow the law as it relates to federal records.

Comment Re:Preservation rule question (Score 1) 371

Stop making this so fucking complicated.

This has nothing to do with SQL, or IT staff or techies or the internal workings of an email system.

Under the conditions under which the Office of the Secretary of State works there is precisely one acceptable and legal way to follow the law under the Federal Records Act: print and store the emails for transfer to the National Archives. She can print them or her subordinate can print them but printed they must be.

Some of the reasons for this are because of decisions made by past Secretaries of State and continued under Secretary Clinton's watch. This, by the way, will change for all federal agencies on January 1, 2017.

Your complex example is specifically prohibited for recordkeeping because of how the Office of the Secretary is managed - through no fault of Secretary Clinton. What is at fault is her failing to assure that her office executed the statutory requirements incumbent on all members of the cabinet.

You only want to fault her if it was a good statute. Thus far, there's no evidence that the rest of the federal government has any issue with following the law as it relates to record keeping so why should she be exempt?

You keep coming back to using your knowledge of how email systems work and how YOU would perform a search for records. You incorrectly presume that the email system is a valid recordkeeping system for federal records; it is not. It isn't for many reasons spelled out in the National Archives statutes and regulations that implement the Federal Record Keeping statute.

If the email system was a valid recordkeeping system, and if it was a single monolithic system, and if it was capable of never losing data and if it was easily searchable by subject then, just maybe, the National Archives would accept your method of keeping records. Since it isn't, they've chosen a method that differs from your theoretical approach on how it should work. I'm sorry to be the bearer of bad news.

The Federal Record Keeping statute was put in place so that historical records could be preserved until the end of the Republic, or, at least, until they no longer have significance. It was put in place long before emails or electronic recordkeeping systems existed. Email, through the end of this year anyway, is force-fitted into the existing structure.

She and her staff didn't follow the law. That's not my opinion but the opinion of the Inspector General of the Department of State. Go complain to the IG's office if you want an easier SQL implementation put in place.

Comment Re:Preservation rule question (Score 1) 371

The statute and regulations specifically made her responsible for assuring that the policies were implemented. This has nothing to do with the technician, IT or anything or anyone else.

Where did I get that copying and forwarding emails is specifically disallowed?

Previously quoted text from the document:

NARA regulations codified in 2009 also specified that agencies must not use an electronic mail system to store the recordkeeping copy of electronic mail messages identified as Federal records unless that system contains specific features.

The system used by State does not contain those features. Therefore, the use of an email system to store the records is specifically disallowed.

Secondly, the forwarding that is allowed is only in conjunction with forwarding to the official email account of the employee (not other employees) when the Capstone system is being used.

From the linked document:

In 2004, NARA issued a bulletin noting that officials and employees "must know how to ensure that records are incorporated into files or electronic recordkeeping systems, especially records that were generated electronically on personal computers."

There were three recordkeeping systems that were an option for emails. Copying and forwarding is not one of them. Therefore, copying and forwarding are specifically prohibited.

Here's more from the linked document:

Since 1995, the FAM has instructed employees, "until technology allowing archival capabilities for long-term electronic storage and retrieval of E-mail messages is available and installed," emails warranting preservation as records must be printed out and filed with related Department records.

In no case is it considered preservation of records to copy or forward an email to another employee of the Department.

From the document, again:

In 2009, IRM introduced SMART throughout the Department, enabling employees to preserve a record copy of emails through their Department email accounts without having to print and file them. However, the Office of the Secretary elected not to use SMART to preserve emails, in part because of concerns that the system would allow overly broad access to sensitive materials. As a result, printing and filing remained the only option by which emails could properly be preserved within the Office of the Secretary in full compliance with existing FAM guidance.

You seem to be hung up on how you would technically implement a search system to find emails rather than on what the National Archives under the Federal Recordkeeping act requires of all federal employees. Secretary Clinton was specifically charged with assuring compliance within the Department of State. Maybe her failure to assure compliance is the reason State is being ripped apart in the courts in their active FOIA lawsuits. The IG's report doesn't blame technicians or miscommunication between management and IT; it blames the Secretary and her staff for doing things they were prohibited from doing and failing to do things they were required to do under statute.

Comment Re:Preservation rule question (Score 1) 371

I'm not interested in general "judgement" issues in this particular thread, I want to know the exact policies that were alleged violated and see the policy text for it. I want to nerdal around in the details, in terms of policy text and technology.

I suggest reading the Inspector General's report, specifically, page 7.

At the Department, compliance with this regulation and preservation of emails that constitute Federal records can be accomplished in one of three ways: print and file; incorporation into the State Messaging and Archival Retrieval Toolset (SMART); or the use of the NARA-approved Capstone program for capturing the emails of designated senior officials.

Copying or forwarding an email to someone else in the State Department is not one of the choices under the regulations that have been in effect since 1995.

In, fact, later on that page:

NARA regulations codified in 2009 also specified that agencies must not use an electronic mail system to store the recordkeeping copy of electronic mail messages identified as Federal records unless that system contains specific features. However, according to the Department, its technology has "lagged behind" this mandate.

The regulation referenced here is 36 C.F.R. Section 1236.22 (2009) and states that for records to be stored in an electronic recordkeeping system, that system must have the following functions:

(1) Declare records
(2) Capture records
(3) Organize records
(4) Maintain records security
(5) Manage access and retrieval
(6) Preserve records

The report then goes on to say that agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency recordkeeping system.

Further, the report states:

However, forwarding to or copying an employee's official email account alone is not sufficient to fully meet records management requirements unless an employee's email is being captured under the Capstone approach. If such an email qualifies as a record, employees are still responsible for preserving it in an appropriate agency recordkeeping system, such as through the use of SMART or printing and filing.

Bottom line:
- The employee is responsible for preserving records
- This isn't about making sure an email is kept on a system somewhere; the requirement is related to preservation of Federal records in a specific manner
- Copying and forwarding emails is specifically disallowed

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