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FOIA Request - CREW: Regarding Record Management and Cloud Computing: NOAA: 6/24/2011

FOIA Request - CREW: Regarding Record Management and Cloud Computing: NOAA: 6/24/2011

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Published by CREW
Today, CREW filed a Freedom of Information Act request with the Army Corps of Engineers, Department of Agriculture, Department of Commerce, Department of Energy, Department of Health and Human Services, Department of Labor, Department of Veterans Affairs, General Services Administration, National Archives and Records Administration, and National Oceanic and Atmospheric Administration, seeking all records reflecting how these agencies and departments plan to fulfill their records management requirements after they move their email systems to a cloud computing environment. The National Archives and Records Administration (NARA) has recognized the many records management challenges associated with cloud computing and issued guidance (NARA Bulletin 2010-04, Guidance on Managing Records in Cloud Computing Environment) to all agencies. Several of these agencies and departments have already moved their emails to a cloud computing environment, or are in the process of moving their email systems to a cloud. Others are still in the information gathering stage. CREW seeks information on what steps these agencies and departments have taken to comply with the bulletin as well as records between these departments and agencies and cloud computing providers, such as Google or Microsoft.
Today, CREW filed a Freedom of Information Act request with the Army Corps of Engineers, Department of Agriculture, Department of Commerce, Department of Energy, Department of Health and Human Services, Department of Labor, Department of Veterans Affairs, General Services Administration, National Archives and Records Administration, and National Oceanic and Atmospheric Administration, seeking all records reflecting how these agencies and departments plan to fulfill their records management requirements after they move their email systems to a cloud computing environment. The National Archives and Records Administration (NARA) has recognized the many records management challenges associated with cloud computing and issued guidance (NARA Bulletin 2010-04, Guidance on Managing Records in Cloud Computing Environment) to all agencies. Several of these agencies and departments have already moved their emails to a cloud computing environment, or are in the process of moving their email systems to a cloud. Others are still in the information gathering stage. CREW seeks information on what steps these agencies and departments have taken to comply with the bulletin as well as records between these departments and agencies and cloud computing providers, such as Google or Microsoft.

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Published by: CREW on Jun 24, 2011
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CREW
I
itizens for responsibility
and
ethics
in
washington
June 24,2011
By Email: FOIA@noaa.gov and First-Class Mail
National Oceanic and Atmospheric AdministrationAttn: FOIA OfficerPublic Reference Facility (OF A56)1315 East West Highway (SSMC3)Room 10730Silver Spring,Maryland 20910
Re: Freedom
of
Information Act Request
Dear FOIA Officer:Citizens for Responsibility and Ethics in Washington ("CREW") makes this request for records, regardless
of
format,medium,or physical characteristics,and including electronic records and information, audiotapes,videotapes and photographs,pursuant to the Freedom
of
Information Act ("FOIA"), 5 U.S.C.
§§
552,
etseq.,
and the National Oceanic and AtmosphericAdministration ("NOAA") regulations,
15
C.F.R.§ 4. CREW seeks records related to NOAA's decision to use Google Apps for Governmentfor the Administration's email.
See
J.
Nicholas Hoover,From Ocean to Cloud: NOAA GoesGoogle Apps,
InformationWeek
(June 9, 2011),http://www.informationweek.com/news/government/cloud-saas/230500174 (Attached
as
ExhibitA).As described more specifically below, CREW seeks records related to considerations NOAAhas made,and steps
NOAA
has taken,or plans to take,to address records management issues in a cloud computing environment.Specifically,CREW seeks records related to the following categories: 1.All records reflecting
NOAA
's records management policies and data governancepractices, and the development
of
these policies and practices,for
NOAA
's future cloudcomputing email system.2.All records indicating stepsNOAA has taken or plans to take to address record keeping requirements in a cloud computing environment including, but not limited to, anyconsiderations given to NARA's Bulletin 2010-05,Guidance on Managing Records in Cloud Computing Environments (Sept. 8,2010) http://www.archives.gov/records mgmt/bulletins/2010/2010-05.html (Attached as Exhibit B).
1400
Eye
Street,
N.W.,
Suite
450,
Washington,
D.C.
20005
I
202.408.5565
phone
I
202.588.5020
fax
I
www
.ci
tizensforethics.org
·~·
 
FOIA OfficerJune 24, 2011Page 2
3.
All records indicating the attendees, or prospective attendees, and their titles
of
all NOAAmeetings held, or scheduled to be held, addressing the use and development
of
cloudcomputing systems.
4.
All records showing the development
of
instructions defining which copy
of
NOAArecords will be declared as the agency's record copy in a cloud computing environment,as set forth in
NARA
Bulletin 2010-05 question
7,
response
2.
5.
All records related to the development
of
instructions
of
how to determine whetherfederal records in a cloud environment are covered under an existing records retentionschedule, as set forth in NARA Bulletin 2010-05 question
7,
response
3.
6.
All records related to the development
of
instructions
of
how
records will be captured,managed, retained, made available to authorized users, and retention periods applied forcloud computing systems as set forth in NARA Bulletin2010-05 question
7,
response
4.
7.
All records related to the development
of
instructions on conducting a records analysis,developing and submitting records retention schedules to NARA for unscheduled recordsin a cloud environment, including instructions about scheduling system documentation,metadata, and related records, as set forth in NARA Bulletin2010-05 question
7,
response
5.
8.
All records related to the development
of
instructions on periodically testing transfers
of
federal records to other environments, including agency servers, to ensure the recordsremain portable, as set forth in NARA Bulletin 2010-05 question 7, response
6.9.
All records related to the development
of
instructions
of
how data will be migrated tonew formats and operating systems in a cloud computing environment
so
that records arereadable throughout their entire life cycle, as set forth in
NARA
Bulletin 2010-05question
7,
response
7.
10.
All portions
of
contracts between Google, Earth Resources Technologies (ERT) Inc.,Unisys, or Tempus
Nova
and NOAA that show language reflecting record managementconsiderations for
NOAA's
use
of
Google Apps for Government, including, but notlimited to, language set forth in the answer to question 8 in
NARA
Bulletin 2010-05.
11.
All records reflecting communications between Google, Microsoft, Earth ResourcesTechnologies (ERT) Inc., Unisys, or Tempus Nova and
NOAA
regarding recordmanagement and compliance with records management laws in a cloud computingenvironment.
 
FOIA OfficerJune 24, 2011Page 312. All records reflecting record keeping considerations regarding
NOAA's
request forproposal
("RFP") in
January 2011 referenced
in
JnformationWeek's
June 9, 2011 articleFrom Ocean to Cloud:
NOAA
Goes Google Apps.
See
Hoover,
supra.
13. All records reflecting records management considerations for
NOAA's
pilot cloudcomputing projects implemented in Spring 2011.
See
Hoover,
supra.
14. All portions
of
contracts between Google, Earth Resources Technologies (ERT) Inc.,Unisys, or
Tempus
Nova
and
NOAA
that
show
language reflecting record managementconsiderations for
NOAA
pilot cloud computing projects implemented
in
Spring 2011.
See
Hoover,
supra.
Please search for responsive records regardless
of
format, medium, or physicalcharacteristics. Where possible, please produce records electronically,
in
PDF
or
TIF format on aCD-ROM.
We
seek records
of
any kind, including electronic records, audiotapes, videotapes,and photographs.
Our
request includes any letters, emails, facsimiles, telephone messages, voicemail messages, and transcripts, notes, or minutes
of
any meetings, telephone conversations, ordiscussions.
Our
request also includes any attachments to these records.For any email, please produce metadata and/or headers that
show
the email address
of
thesender and any recipient
in
addition to their display name, the names and email addresses
of
any"bee:" recipients,
and
any data regarding the time and date the email was sent, received, and/oropened.
If
it is your position that any portion
of
the requested records is exempt from disclosure,
CREW
requests that
you
provide it with an index
of
those documents as required under
Vaughn
v.
Rosen,
484 F.2d 820 (D.C. Cir. 1973),
cert. denied,
415 U.S. 977 (1972). As you are aware, a
Vaughn
index
must
describe each document claimed as
exempt with
sufficient specificity "topermit a reasoned
judgment
as to whether the material is actually exempt under FOIA."
Founding Church
of
Scientology
v.
Bell,
603 F.2d
945,949
(D.C. Cir. 1979). Moreover, the
Vaughn
index
must
"describe each document or portion
thereof
withheld, and for
each
withholding it
must
discuss the consequences
of
supplying the sought-after information."
King
v.
US. Dep 't
of
Justice,
830 F.2d
210,223-24
(D.C. Cir. 1987) (emphasis added). Further, "thewithholding agency
must
supply
'a
relatively detailed justification, specifically identifying thereasons
why
a particular exemption is relevant and correlating those claims with the particularpart
of
a withheld
document
to which they
apply."'
Id
at 224 (citing
Mead Data Central
v.
US.Dep
't
of
he
Air
Force,
566 F.2d
242,251
(D.C. Cir. 1977)).In the event
some
portions
of
the requested records are properly exempt from disclosure,please disclose any reasonably segregable non-exempt portions
of
the requested records.
See
5U.S.C. § 552(b .
If
it is your position that a document contains non-exempt segments, but that

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