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by jaysonelliot 456 days ago
Does this mean the CIA is not subject to the Federal Records Act, or does it mean they're simply flaunting the law?
4 comments

Very good question. It appears it doesn't matter what the law says, but is more a matter of who is going to enforce or prosecute.
In every instance where I've been privvy to government partnerships, the version of the solutions we deployed were modified to meet regulatory standards.
The "Houthi PC small group" was set to have it's messages to be automatically deleted after expiration.
There is zero chance that Signal has been modified for the US government.
I don't know the specifics of signal. Can you elaborate?
Sorry to be pedantic

> flaunting

I believe you meant to say flouting

> The practice began during President Joe Biden’s administration and had the official approval of CIA records management officials, Ratcliffe said, as long as “any decisions that are made are also recorded through formal channels.”

There is a tension in the interpretation of text messaging. Is it a written record like an email, which is stored and archived? Or is it more like voice conversation; ephemeral and generally not recorded or archived?

For a long time the default behavior of messaging apps was to just hold onto all messages indefinitely. This led a lot of folks in law enforcement to think of them as permanent written records.

The approach in the quote above treats them more like a voice conversation. Anything of significance should be written down in an official way, even if it originated over messaging.

>Anything of significance should be written down in an official way, even if it originated over messaging.

So in the group chat discussing code word material, who was responsible for making the written record? Perhaps that should have been one of the questions today?

Likewise, if it is true that they are using it on a regular basis at CIA HQ I can pretty much guaranty you that it is being used in a manner that is a substitute for email which would be required to be saved in entirety.