CREW: Department of the Interior: Regarding Record Management and Cloud Computing: 11/1/2011 -...

8/3/2019 CREW: Department of the Interior: Regarding Record Management and Cloud Computing: 11/1/2011 - Interior Response Letter

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United States Department of the Interior

OFFICE OF THE SECRETARY

Washington, DC 20240

IN REPLY REFER TO :

7202.4-OS-201 1-00384

October 31, 2011

Ms. Anne L Weismann

CREW

1400 Eye Street, NW, Suite 450

Washington, DC 20005

Dear Ms. Weismann:

On June 21 , 2011, you fi led a Freedom of Information Act (FOIA) request

OS-2011-00384, stating:

“CREW seeks records related to the DOT’s decision to move its email systems to a

cloud computing environment. See Scott Morr ison, Google Says U.S. Favored

Microsoft, The Wall Street Journal, November 2, 2010 (Attached as Exhibit A). As

described more specifically below, CREW seeks records related to considerations

the DOT has made, and s teps the DOT 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. Al l records reflecting the DOT’s records management policies and data

governance practices, and the development of these policies and practices, for the

DOT’s future cloud computing email system.

2. All records indicating steps the DOT has taken or plans to take to address record

keeping requirements in a cloud computing environment including, but not limited

t o, a ny considerations given to NARA’s Bulletin 20 10-05, Guidance on ManagingRecords in Cloud Computing Environments (Sept. 8, 2010)

http ://www.a.rchives. gov/recordsmgrntlbulletins/2010//2010-05 .html (Attached as

Exhibit B).

3. All records indicating the attendees, or prospective attendees, and their titles of all

the DOT meetings held, or scheduled to be held, addressing t he use and development

of cloud computing systems.

4. Al l records showing the development of instructions defining which copy of the

DOT records will be declared as the agency’s record copy in a cloud computingenvironment, as set forth in NARA Bulletin 20 10-05 question 7, response 2.



Ms. Ann Weismann 2

5. All records related to the development of instructions of how to determinewhether federal records in a cloud environment are covered under an existing

records retention schedule, a s se t forth in NARA Bulletin 2010-05 question 7,response 3.

6. All records related to the development of instructions of how records will becaptured, managed, retained, made available to authorized users, and retentionperiods applied for cloud computing systems as set forth in NARABulletin 2010-05question 7, response 4.

7. All records related to the development of instructions on conducting a recordsanalysis, developing and submitting records retention schedules to NARA for

unscheduled records in a cloud environment, including instructions aboutscheduling system documentation, metadata, and related records , as set forth in

NARA Bulletin 20 10-05 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 records remain portable, as set forth in NARA Bulletin 20 10-05 question

7, response 6.

9. All records related to the development of instructions of how data w ill b e

migratedto new formats and operat ing systems in a cloud computing

environment

so that records are readable throughout their entire life cycle, as set forth in NARA

Bulletin 20 10-05 question 7, response 7.

10. All portions of contracts between Microsoft and the DOT that show language

reflecting record management considerations for the DOT’s use ofMicrosoft’s

Azure, including, bu t not limited to, language set forth in the answer to question 8 in

NARA Bulletin 20 10-05.

11. All records reflecting communications between Google or Microsoft and the

DOT regarding record management and compliance with records management laws

in a cloud computing environment.

12. All records reflecting any record management considerations related to Contract

Number GS35F4072D/NBCF09382.”

On June 29, 2011, we acknowledged your request, advised you of your fee status as an

other-use requester, and informed you tha t we were taking the 10 workday extension and

placed your request in ou r complex processing track. We also indicated that we were

conducting a search for responsive documents.

Today we are providing the results of our search. Enclosed, please find 2 documents



Ms. Ann Weismann 4

Cecelia Townes, Attorney- Advisor with the Office of the Solicitor, was consulted inreaching this decision. Ray J. Mclnerney, FOIA Officer is responsible for making thisdecision.

Appeal Rights

If you believe that the decision to withhold this information is incorrect, you may file aFOIA appeal by writing to the FOJA Appeals Officer, U.S. Department of the Interior,

1849 C St., NW, MS 6556-MIB, Washington, DC 20240. Your appeal letter must bereceived no later than 30 workdays (excluding Saturdays , Sundays and legal holidays)

f rom the date of this letter. Your appeal let ter must be marked, both on its envelope and

at the top of its f irst page, with the legend “FREEDOM OF INFORMATION APPEAL.”

Your appeal letter must be accompanied by a copy of your original FOIA request (a copy

of which is enclosed with our response for your convenience), and a copy of this letter,along with a brief explanation ofwhy you believe that this decision is in error.

FEES

The FOIA fee for the processing of your request before taking your entitlements into

account, is $84.52, as follows:

2 hours Professional search time @ $10.50 pe r ¼ hour

4 Photocopies @ $ 0.13 per copy

However, “other-use” requesters are entitled to up to 2 hours of sea rch t ime and 100

photocopies before being charged for their FOIA requests. Therefore, there is no

chargeable fee for the processing of this r equest and your r eques t for a fee waiver is

moot.

This completes our response to your request.

If you ybhave any questions about our response to your request, yo u may contact Jay

Wiggs by phone at 202-513-0806, by fax at 202-219-2374, by email at [email protected],

or by mail at U.S. Department of the Interior, 1951 Constitution Avenue, N.W., MS 116

SIB, Washington, D.C. 20240. Within the Office of the Secretary, we are committed to

providing you, our customer, with the highest quality of service possible.

Sincerely,

h 1.

Ray J. Mclnerney

Office of the Secretary

FOIA Officer



Ms. Ann Weismann 5

Enclosures

PRIVA CYA CT notice: Before you choose to contact us, electronically, there are afew things you should know. The information you

submit, includingyour electronic address, may be seen by various people. We will scan a copy ofyour request into our electronic OSFOJA administrative/imagefile. We it’ill key the information that you provide to us into our electronic OS FOJA trackingfile. We

may share it ii’ith other individuals, both ii’ithin and t’ithout the Department, involved in Freedom of Information Act administration.

You may be contacted by any of these individuals . In other limited circumstances, including requestsfrom Congress or privateindividuals, ire may be required by law to disclose some of the information yo u submit. Also, e-mail is not necessarily secure againstinterception. Ifyour communication is vemy sensitive, or includes personal information like your bank account, charge card, or socialsecurity number, you might im’ant to send it by postal mail, instead.

CREW: Department of the Interior: Regarding Record Management and Cloud Computing: 11/1/2011 -...

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