The IRS Had a Contract With an Email Backup Company

originally posted by: Destinyone
a reply to: jimmyx

There is nothing fake about my outrage. But, that is because I've made a point of educating myself of the details...on both sides.

The bottom line is. The IRS has repeatedly lied, obfuscated, and covered up pertinent information instead of biting the bullet and telling the truth. They have broken laws, that I would up in jail if I had.

You bet I'm outraged. The IRS is a bloated deceitful federal agency that depends on people fearing them, to continue doing whatever they want.

You as an America, should be outraged too. The fact that you are not, says a lot about you.

Des

the IRS has a job to do that is GOVERNED BY LAW, if you want to claim that you have a tax-exempt group, expect to be audited, why is this so controversial? if you have nothing to hide, and are within the law, you would not mind if your records were audited for accuracy....if you do not like the law that's your problem, not mine. there are plenty of tax laws that I don't like, but, I don't blame the people working at the IRS for doing their jobs...like I said before, if I have to comply with tax laws, and be audited at any time, so does everyone else, even republicans.

a reply to: kruphix

there were hundreds of these 503c4 groups throughout the country that were formed, that originally were designed to be for charitable work in the community...the right wing and progressives found a loophole and tried to exploit it...geez, even a half-wit knew what was going on, it wasn't a big secret, nor was it that clever.

a reply to: jimmyx

If you would care to make yourself familiar with some of the actual federal laws the IRS broke regarding just *this* one part of the investigation, please read the below.

NARA Bulletin 2013-03

September 9, 2013

TO: Heads of Federal Agencies

SUBJECT: Guidance for agency employees on the management of Federal records, including email accounts, and the protection of Federal records from unauthorized removal

EXPIRATION DATE: September 30, 2016

1. What is the purpose of this bulletin?
This bulletin is being issued to reaffirm that agencies and agency employees must manage Federal records appropriately and protect them from unauthorized removal from agency custody. Also, this bulletin clarifies records management responsibilities regarding the use of personal email accounts for official business and the use of more than one Federal email account. NARA recommends that Federal agencies refer to this guidance when advising incoming and departing agency employees about their records management responsibilities.

2. What must heads of Federal agencies do to implement this bulletin?
Heads of Federal agencies must provide guidance on the proper management of Federal records, including the handling of records containing information exempt from disclosure under the Freedom of Information Act (FOIA) (5 U.S.C. 552), the Privacy Act (5 U.S.C. 522a), or other applicable laws. Managing records effectively ensures that permanently valuable records become part of the National Archives and Records Administration (NARA) while other records and information of temporary value are retained for as long as needed and then properly disposed. In addition, the heads of Federal agencies must issue instructions to staff on the identification, management, retention, and disposition of email messages determined to be Federal records (36 CFR 1236.22(a). Finally, they must notify employees that there are criminal penalties for the unlawful removal or destruction of Federal records (18 U.S.C. 2071 and 36 CFR 1230.12) and the unlawful disclosure of national security information (18 U.S.C. 793, 794, and 798).

3.What materials are Federal records?
As defined in 44 U.S.C. 3301, Federal records are documentary materials that agencies create and receive while conducting business that provide evidence of the agency's organization, functions, policies, decisions, procedures, and operations, or that contain information of value. Government employees, including Federal contractors, create and maintain Federal records as part of their duties and responsibilities. Federal records can exist in a variety of electronic forms including images, video and audio recordings, websites, social media and collaboration tools, databases, shared drive files, and email.

In certain cases, drafts and notes may be “working files and similar materials” that should be maintained as Federal records (see 36 CFR 1222.12). Whether they are in electronic or paper form, “preliminary drafts and rough notes” and other similar materials must be maintained as records if they meet the criteria specified in 36 CFR 1222.12(c).

4. Can email messages be Federal records?
Yes, email messages created or received in the course of official business are Federal records if they meet the definition mentioned above, and agency employees must manage them accordingly. Under NARA’s current policy and regulations, defined in 36 CFR 1236.22(a), agencies must issue instructions to staff on the identification, management, retention, and disposition of email messages determined to be Federal records. Employees who create a significant amount of permanent email records should consult with their records officer to determine the most effective way to manage them, including using NARA’s recent “Capstone” guidance, NARA Bulletin 2013-02, entitled “Guidance on a New Approach to Managing Email Records.”

5. What are agencies’ and agency employees’ recordkeeping responsibilities when the use of personal email accounts is authorized?
While agency employees should not generally use personal email accounts to conduct official agency business, there may be times when agencies authorize the use of personal email accounts, such as in emergency situations when Federal accounts are not accessible or when an employee is initially contacted through a personal account. In these situations, agency employees must ensure that all Federal records sent or received on personal email systems are captured and managed in accordance with agency recordkeeping practices. Agency policies and procedures must also ensure compliance with other statutes and obligations, such as FOIA and discovery.

6. What are agency responsibilities when employees have more than one Federal email account?
NARA recognizes that employees may have a business need for more than one agency-administered email account. Business needs may include, but are not limited to:

Using separate accounts for public and internal correspondence;
Creating accounts for a specific agency initiative which may have multiple users; and
Using separate accounts for classified information and unclassified information.

Regardless of how many Federal email accounts individuals use to conduct official business, agencies must ensure that all accounts are managed, accessible, and identifiable according to Federal recordkeeping requirements, as established in 36 CFR 1236.22. Agencies must ensure that the name of an individual employee is linked with each account in order to comply with FOIA, discovery, and the requirement to transfer permanent email records (or accounts if the agency is using the Capstone approach) to NARA. In most cases, this requires the full name or readily identifiable nickname that is maintained on a distribution list.

7. Are there Federal documentary materials that do not qualify as records?
Materials such as extra copies of records kept solely for convenience of reference, library or museum materials, and stocks of publications and processed documents are excluded from the definition of "record" (44 U.S.C. 3301). These “non-record” work-related materials nevertheless belong to and are controlled by the Government (36 CFR 1222.14) and must not be removed unless approved as cited in 36 CFR 1222.18.

8. Under what circumstances may employees remove records and documentary materials from Government custody?

Employees must not remove Federal records from Government custody without proper authorization. Under 36 CFR 1222.24, agencies must develop procedures to ensure that departing employees do not remove Federal records.

Within agency guidelines, employees may remove extra copies of records or other work-related, non-record materials when they leave the agency, with the approval of a designated official of the agency, such as the agency's records officer or legal counsel.
www.archives.gov...

About 8 more paragraphs at link that wouldn't fit in post.

Read it...very informative...

Des

a reply to: Destinyone

Rub your two brain cells together and make yourself familiar with the actual laws the IRS broke. Here is just one of the areas, they've not followed direct laws for federal agencies.

Wow, are you always this rude?

Hey, if they want to go after the IRS for horrible IT practices, be my guest. Fire the head of the IT department or whoever decided on the IT practice of saving archived email on local drives. But in regards to this case, it really has no effect.

a reply to: kruphix

You are right...that could be construed as rude. I've edited my post, to delete my utter frustration at the lack of some people's understanding of what is actually going on with the IRS.

The rest of what you wrote is wrong. Nothing more than an attempt to exonerate the most powerful federal agency overseeing the lives of Americans, from any wrong doing.

This is far over the head of the IRS IT manager.....far over.

Des

originally posted by: jimmyx
the IRS has a job to do that is GOVERNED BY LAW, if you want to claim that you have a tax-exempt group, expect to be audited, why is this so controversial?

Because they already admitted that the auditing was not applied across the board and the guidelines used to select organizations were based on political bias. That's just the part that they admitted so far.

They already admitted they were not following the law or just "doing their jobs". Personally, I agree that these organizations should be subject to higher levels of scrutiny. I do not think that such groups should be selectively targeted because of their political-bent. Surely you see the difference.

a reply to: jimmyx

They admitted "special" targeting.

Obviously they had to cast the illusion of "targeting" a few select "Liberal" groups to make the effort "Look good".

They failed anyway.

Here's their "early on" excuses .......from May 10, 2013

The Internal Revenue Service on Friday apologized for targeting groups with “tea party” or “patriot” in their names, confirming long-standing accusations by some conservatives that their applications for tax-exempt status were being improperly delayed and scrutinized.

Lois G. Lerner, the IRS official who oversees tax-exempt groups, said the “absolutely inappropriate” actions by “front-line people” were not driven by partisan motives.

and this masterpiece......

Rather, Lerner said, they were a misguided effort to come up with an efficient means of dealing with a flood of applications from organizations seeking ­tax-exempt status between 2010 and 2012.

of *Course* this was *Before* she pleaded the 5th

IRS admits targeting conservatives for tax scrutiny in 2012 election (May 10, 2013)


They keep using the same old rubber hammer...