October 2, 2015: The company that makes a back-up of Clinton’s server data is given permission to share the data with the FBI.

Platte River Networks (PRN) has been managing Clinton’s private server since June 2013, and since that time they used the service of another company, Datto, Inc., to make back-ups of the data on the server. As a result, they need PRN’s permission to share data.

Austin McChord, founder and CEO of Datto, Inc. (Credit: Erik Traufmann / HearstCTMedia

Austin McChord, founder and CEO of Datto, Inc. (Credit: Erik Traufmann / Hearst Connecticut Media)

On this day, David Kendall, Clinton’s personal lawyer, and PRN agree to allow Datto to turn over the data from the backup server to the FBI. This is according to an unname person familiar with Datto’s storage, quoted in McClatchy Newspapers four days later.

Datto says in a statement that “with the consent of our client and their end user, and consistent with our policies regarding data privacy, Datto is working with the FBI to provide data in conjunction with its investigation.”

However, according to McClatchy Newspapers, the unnamed source says “that Platte River had set up a 60-day retention policy for the backup server, meaning that any emails to which incremental changes were made at least 60 days prior would be deleted and ‘gone forever.’ While the server wouldn’t have been ‘wiped clean,’ the source said, any underlying data likely would have been written over and would be difficult to recover.” (McClatchy Newspapers, 10/6/2015)

It appears that the FBI does get data from Datto over the next couple of weeks, because an October 23, 2015 letter from Datto to the FBI will refer to some Datto back-up data that is now in the FBI’s possession. (US Congress, 9/12/2016)

A Datto back-up device was attached to the server, and the data was backed up to the “cloud” as well. It is unknown if the FBI ever gets useful data from the cloud copy.