October 2, 2009: New regulations require that all government emails must be preserved.

The US Code of federal regulations on handling electronic records is updated: “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.” (The Washington Post, 3/10/2015)

In 2015, Jason Baron, former director of litigation at the National Archives and Records Administration (NARA), will comment that the rules get stricter in 2013. But even prior to that, “the use of a private [email] account was to be rare and occasional, and not to be the norm.” Using a private account “without using an official account is inconsistent with the Federal Records Act.” He adds, “To solely use a personal e-mail for four years [as Clinton did] is something that is highly unusual.” (Bloomberg News, 3/3/2015)

October 3, 2009: Clinton arranges secure phone calls using her unsecured email.

US Ambassador Karl Eikenberry (Credit: Asia Society)

US Ambassador Karl Eikenberry (Credit: Asia Society)

Clinton writes an email to her deputy chief of staff Huma Abedin telling her to set up a conference call that will use Clinton’s home phone over the weekend. The call will be between Clinton, two assistant secretaries of state, and a US ambassador. Clinton writes, “As soon as I’m off call now. Tell ops to set it up now.” (US Department of State, 6/30/2015)

The Washington Times will later report on this email, “The coordination of secure communications on an insecure break with protocol would give foreign intelligence agencies an opportunity to learn about a call early, then target and intercept the call, US officials told the Times.” Clinton will do this on other occasions, including setting up a call the next day with Karl Eikenberry, US ambassador to Afghanistan. (The Washington Times, 9/1/2015)