The US attorney imbroglio wouldn't normally be a topic for a blog about national security. However, at least one revelation in the last few days does have a serious national security dimension.
To avoid discovery, in the legal sense of the term, White House officials, including Karl Rove, have been using outside e-mail accounts, on mail servers maintained by the Republican National Committee. While that statement sinks in, here's a quote from a White House employee:
"We just got a bit lazy," said one aide. "We knew E-mails could be
subpoenaed. We saw that with the Clintons but I don't think anybody saw
that we were doing anything wrong."
Actually, I think they had the Iran-Contra scandal in mind, more than the Clintons. Remember when Oliver North et al. thought they had deleted messages from the internal mail system, only to discover that archived copies of them still existed?
Legal matters aside
There may be good legal reasons why people in the White House should never, never use outside e-mail to conduct government business. Some observers have cited the 1978 Presidential Records Act, which in a post-Watergate world, clearly intended to preserve even the most embarrassing content. If content is maintained outside US government systems, the risk of losing this information to posterity runs pretty high.
Unfortunately, there's a bit of wiggle room in the Act, which has exemptions for "personal records," which include "materials relating to private political associations, and having no
relation to or direct effect upon the carrying out of constitutional,
statutory, or other official or ceremonial duties of the President" and "materials relating exclusively to the President's own election to the
office of the Presidency; and materials directly relating to the
election of a particular individual or individuals to Federal, State,
or local office, which have no relation to or direct effect upon the
carrying out of constitutional, statutory, or other official or
ceremonial duties of the President." It seems doubtful that these exemptions were intended to cover 95% of the communications from the President's Political Advisor, however, which fairly describes how often Karl Rove used these RNC e-mail accounts.
While there are other laws that the Administration may have broken here, the legal issues aren't necessarily the biggest problem with outside e-mail use. National security could be easily and severely compromised.
Communications insecurity
You don't have to be someone like me, working on the software business, to know the potential security risks with e-mail. Instead of getting into technical details, I'll tell you how information technology (IT) departments treat situations like this one. I've worked with hundreds of IT professionals who are very concerned that people in their organizations are using outside e-mail like Yahoo! and Gmail, outside file storage on services like XDrive, outside chat systems like AOL Instant Messaging, and outside web conferencing services like WebEx. (Here's a decent summary of the e-mail security problems, if you're interested.)
Without saying how secure these services are, they are definitely not designed for a high-security environment. There's also the problem of security "along the wire." An outside e-mail service might be very secure, but the connection between your PC or Blackberry might not be. (That statement definitely applies to text messages, which White House staffers were also using to communicate.)
Companies worry that trade secrets might be exposed, or they might be violating regulations about the confidentiality of financial information (see the SEC restrictions on what companies can communicate during quiet periods). HR departments, insurance companies, and health care providers can face serious legal penalties if they accidentally expose private medical information.
Need I go on? Let's just say, outside communication and collaboration services are a big source of anxiety in IT departments. Sure, there are companies in the security business who overstate the threats. However, the threats are quite real. If DoD employees can't install software on their own computers, why should White House staffers be using their Blackberries to read e-mail on the RNC's e-mail servers, with God only knows how good security on the server or on the wireless connection to it?
Multiple levels of information security
No one should have to make the argument that the White House needs to be at least as secure in its communications as an electronics retailer or a hospital chain. In fact, it needs to be more secure, in part because of the accidental ways people might divulge important secrets without realizing it. While most people focus on the first-order secrets, the direct documentation of decision-makers' statements or policies, the threat of indirect, second-order disclosure is just as dangerous.
Take, for example, the Japanese surprise attack on Pearl Harbor. A number of indirect clues that the Japanese were going to take some kind of aggressive action existed. The negotiations between Japan and the United States had stopped. The bulk of the Japanese navy, most critically its carriers, were not in port. Japanese diplomats were destroying documents. As shown in the Russo-Japanese war and other conflicts, the Japanese pattern was to mobilize, strike, and then declare war. Scholars continue to debate whether the US government should have been better prepared for the attack because the warning signs were certainly there.
Flash forward to the present day, when White House staffers have their daily work perturbed by counterterrorism, the war in Iraq, and any number of other high-security questions. Even if someone eavesdropping on RNC e-mail accounts couldn't find a "smoking gun" document about (speaking hypothetically here) a secret understanding between the US and North Korean governments, someone could infer the existence of such a deal through these kinds of second-order clues. Which top officials were out of the office on particular days? Were White House officials sending lots of messages to anyone used as back channel conduit for discussions with the DPRK? Was anyone asking for a briefing on particular legal or diplomatic issues that might point towards a secret US-DPRK deal?
Of course, it's the height of absurdity and hypocrisy for the Justice Department to be using outside channels of communication. On the one hand, the DOJ is involved in highly secret counterterrorism investigations and prosecutions. On the other hand, some key DOJ officials may have been using text messaging and outside e-mail servers to communicate.
An obvious conclusion
We can spend the next several years tied up in knots over the legal issues involved. It can take less than five minutes of reflection to determine that someone in the White House needs to be fired for jeopardizing national security in this fashion.