Palins Email Policy Blows.
11 03 2010If there’s one thing that Sarah Palin did during her brief try-out as Alaska’s governor, she showed us where the leaks were. I’ve compared her short time in office to the rental of one of those “blower doors” you can rent and attach to an open door of a building to show you where the leaks are. It basically “sucks the air out of the room” (not unlike the ex-gov herself), and you can put your hand up to light switches or the edges of windows, or outlets and feel a stream of cold air coming through.
One of those streams of cold air revealed by the Palin administration came in the form of email accounts. The state is set up nicely with an email system that has the suffix .gov. Any emails ending in .gov are used to keep a record of state business as part of the public record. It’s our government after all. Remember that “of the people, by the people, for the people” stuff? Well .gov emails belong to US. And that’s why they’re not supposed to be used for partisan political purposes, or campaigning for your next term in office. And you really shouldn’t be on there talking about fantasy football, or sending steamy messages to your date last night, or talking about the Oscars. During work hours, you’re supposed to be doing the people’s work. And those emails on the .gov account don’t really belong to you and are subject to disclosure to the public via records requests.
That’s why people do personal business on their personal email accounts. But what about running government business on a personal account? What about pipeline negotiations, or board appointments, or accounts of what happened in meetings, or budget issues, or things that people may need to look up at some time in the future? What about the public, who wants to know what their public officials are talking about, or doing with their time, or what was said on a particular issue like game management, or mining, or oil and gas, or taxes, or any other legislation? And what about the historical record? What if you, as a member of the public, fill out a public records request to find out information about something, and you’re told there’s nothing there. And what if there really is something there, but it’s been discussed on an email exchange between Governor@hotmail.com and AttorneyGeneral@mosquito.net? Or Commissioner@yahoo.com and Mayor@gmail.com?
That’s what Andree McLeod was worried about when it came to light that Sarah Palin was doing business with administration officials outside of the state email system. It came to national attention during the early days of the McCain Palin campaign, in September of 2008. That’s when we got the news that a hacker had gotten in to then Governor Palin’s private Yahoo! account, where it was very obvious she’d been doing business. Other than the fact that a Yahoo! account sounds less than gubernatorial, and is less than transparent, security can also be a problem. All the hacker had to do, was to answer the super-secret “only she would know” question to reset the password. Ready for the question?
Q. Where did you meet your husband?
A. Wasilla High
And that was that. When choosing a security question, it’s usually a good idea not to make it something to which the answer can be looked up in a recently published biography, and that you’ve discussed openly in interviews.
I don’t know what that scene must have been like – the young hacker, sitting in his dorm room, like Matthew Broderick in War Games, cracking his knuckles, staring at the screen and typing in “Wasilla High” [enter] BINGO! I’m sure it was a thrilling and terrifying moment for the young hacker. The Holy Grail on the first try.
I’m sure David Kernell, University of Tennessee student and son of long-term Tennessee state legislator Mike Kernell (D) now thinks it probably wasn’t such a great idea.
[He] faces a four-count indictment accusing him of stealing Palin’s identity, improperly accessing her personal e-mail account, allowing at least one other person to access it and trying to wipe from his laptop evidence of his alleged crimes.
Back in Alaska, government watchdog Andree McLeod sued, saying that it should be illegal for the people’s business to be conducted on private email accounts. Today, Judge Patrick McKay refused to reconsider his ruling stating that it was not forbidden for state business to be conducted on these accounts. Material on state business should be submitted for archiving, he said, but the rules allow for some interpretation. Room for interpretation. Hmmm. It’ll have to be hammered out in the legislature, apparently.
“We realize that under the current law, e-mails that should be preserved can disappear, thus hiding ‘bad motives,’ but it is not this court’s role to overturn an unambiguous, properly enacted law,” McKay wrote.
McLeod’s attorney, Don Mitchell, said Thursday morning that he’d been out of town and hadn’t reviewed the decision. He has said McLeod could appeal to the state Supreme Court.
The attorney for a University of Tennessee student accused of hacking into the account on Wednesday challenged search warrants in the case. Wade Davies, attorney for David C. Kernell, questioned a magistrate’s authority to issue search warrants for Internet companies outside Tennessee.
McLeod and her attorney Don Mitchell are now considering whether to appeal the decision to the Alaska Supreme Court.
And while an army of Palin devotees lauds this ruling as having come down in favor of the almost-one-term ex-governor, the current governor Sean Parnell (R), has at least said:
When executive branch employees conduct state business through email they must, whenever feasible, use the state’s electronic mail system. In some circumstances, employees may need to use, or may inadvertently use, private email accounts to conduct state business….
This statement may prevent future government business from being Palinized, escaping the state’s archiving process, and slipping away into the Yahoo! cyberspace black hole – at least whenever it is “feasible.” He, unlike the perennial Palin cheering squad, may realize that this isn’t actually a McLeod v. Palin death match. It’s about issues of transparency and accountability that affect all Alaskans, regardless of political partyaffiliation. So, until this can be addressed in the legislature, we can hope for ‘feasibility’ – at least until the end of Parnell’s term.
Other questions of legality will be addressed in a courtroom in Knoxville, Tennessee later next month. That’s when alleged victim Sarah Palin will take the stand and give testimony under oath. This ought to be interesting. I wonder how many attorneys out there wish they were Wade Davies, the Tennessee attorney who will be the one asking the questions. Sources who know say she may be in for a rough day.
Kernell’s defense attorney, Wade Davies, wants Palin to bring any documents relating to that account – when it was opened, how it could be accessed and why and who was allowed to use it.
“I don’t want to get in the position where at the last minute there are questions about whether (subpoenas) were properly delivered,” Davies told U.S. Magistrate Judge Clifford Shirley on Wednesday when seeking the legal OK to electronically serve witnesses, including Palin.
Federal prosecutors have insisted Davies’ records request of Palin is a veiled fishing expedition. Shirley will hear more about the subpoena debate at a March 24 hearing.
So, grab your Sharpies and circle March 24 on your political calendar. And then circle April 20. That’s the day of the trial. More news on the Alaska side of this story as it develops.
Categories : Alaska Legislature, Election 2008, Eye Rollery, Numbskullery, Popcorn time!, Sarah Palin, Sean Parnell, Skullduggery

























Recent Comments