Muddying the Waters: When the Laws Dictate Archival Decisions

Thomas E. Brown, Archival Services Program Manager, Center for
Electronic Records

Public archives responsible for public records in all media are public
institutions whose activities are governed by statutes and laws.  
Frequently, laws are enacted with unintended impacts upon the archives.  
This paper will review several laws within the United States and then
explain the unintended legislative consequences for the U. S. Archives
regarding electronic or other types of records.  These consequences have
included what records should be kept, where they should be kept, when they
should be destroyed, and who can have access to them. The paper will
conclude with some generalizations about the laws that dictate archival
decisions.