Wednesday, July 20, 2011
R 011939Z JUL 11ALCOAST 320/11COMDTNOTE 5890SUBJ: MODIFICATION OF PRESERVATION REQUIREMENTS FOR DEEPWATER HORIZON(DWH) RESPONSEA. COMDT COGARD WASHINGTON DC 152226Z SEP 10/ALCOAST 455/101. APPLICABILITY: ASSISTANT COMMANDANTS, DIRECTORS, OFFICE CHIEFS,COMMANDING OFFICERS, AND OFFICERS-IN-CHARGE, OF ANY COASTORGANIZATIONAL UNIT INCLUDING VESSELS, HQ UNITS,HQ DIRECTORATES, ANDHQ OFFICES.2. PURPOSE: PURSUANT TO REF A, AND IN ACCORDANCE WITH THE DEPARTMENTOF JUSTICE LITIGATION HOLD ORDER, THE COAST GUARD SOUGHT TO PRESERVEALL HARD COPY DOCUMENTS AND ELECTRONICALLY STORED INFORMATION (ESI)REGARDING THE DWH RESPONSE EFFORT. RECENTLY, PRESERVATIONREQUIREMENTS WERE SLIGHTLY REDUCED BY COURT ORDER.3. EXCEPT AS OTHERWISE NOTED BELOW, REF A REMAIN IN EFFECT. PERSONSIDENTIFIED IN PARA 1 SHALL DIRECT INDIVIDUAL MEMBERS WITHIN THEIRCHAIN OF COMMAND TO COMPLY WITH REF A AND THIS ALCOAST. A. CONTINUE TO PRESERVE BACK-UP TAPES THAT WERE GENERATEDBETWEEN THE DATE THAT RECYCLING OF BACK-UP TAPES WAS SUSPENDED ATYOUR LOCATION IN ACCORDANCE WITH REF A AND 5 JANUARY 2011. BACK-UPTAPES GENERATED ON OR AFTER 5 JANUARY 2011 MAY BE RECYCLED INACCORDANCE WITH NORMAL BUSINESS PRACTICE. B. DATA BACKED UP IN ELECTRONIC BACKUP SYSTEMS (OTHER THANTHEBACKUP TAPES ADDRESSED IN PARA A ABOVE) THAT DUPLICATE DATA FOR THEPURPOSE OF RECOVERY OR INFORMATION RESTORATION SHALL CONTINUE TO BEPRESERVED IF ANY DATA WAS BACKED UP ON OR BEFORE 5 JANUARY 2011.DATA BACKED UP TO SUCH SYSTEMS AFTER 5 JANUARY 2011 NEED NOT BEPRESERVED IF SUCH DATA IS ROUTINELY PURGED, OVERWRITTEN, OR OTHERWISEERASED IN ACCORDANCE WITH ROUTINE SYSTEM MAINTENANCE POLICIES. C. REDUCED DWH OPTEMPO PROVIDES OPPORTUNITY TO MINIMIZEPRODUCTION OF ESI THAT HAS TO BE PRESERVED. DIRECT PERSONNEL TODISCONTINUE USE OF VOICEMAIL MESSAGES FOR DWH RELATED WORK. CONTINUETO PRESERVE ALL DWH VOICEMAIL MESSAGES GENERATED PRIOR TO THE DATE OFTHIS MESSAGE AND ANY NEW DWH VOICEMAILS. OTHER VOICEMAIL MESSAGES ONCELLULAR OR WIRED TELEPHONE SERVICES / DEVICES NEED NOT BE PRESERVEDAFTER THE DATE OF THIS MESSAGE. D. DIRECT PERSONNEL TO DISCONTINUE USE OF INSTANT MESSAGESFORDWH RELATED WORK. CONTINUE TO PRESERVE ALL DWH INSTANT MESSAGESGENERATED PRIOR TO THE DATE OF THIS MESSAGE AND ANY NEW DWH INSTANTMESSAGES. OTHER INSTANT MESSAGES NEED NOT BE PRESERVED AFTER THEDATE OF THIS MESSAGE. E. DIRECT PERSONNEL TO DISCONTINUE USE OF TEXT MESSAGES FORDWH RELATED WORK. CONTINUE TO PRESERVE ALL DWH TEXT MESSAGESGENERATED PRIOR TO THE DATE OF THIS MESSAGE AND ANY NEW DWH TEXTMESSAGES. OTHER TEXT MESSAGES NEED NOT BE PRESERVED AFTER THE DATEOF THIS MESSAGE. F. AFTER THE DATE OF THIS MESSAGE, DISCONTINUE PRESERVATIONOFELECTRONIC MAIL (WHETHER SENT OR RECEIVED), CALENDAR DATA, OR CONTACTDATA ON A PERSONAL DIGITAL ASSISTANT (PDA) OR SMART-PHONE, IF A COPYOF SUCH DATA INCLUDING AVAILABLE METADATA CONTINUES TO BE ROUTINELYDUPLICATED AND STORED ELSEWHERE. HOWEVER, IF NOT ROUTINELY DUPLICATEDAND STORED ELSEWHERE, CONTINUE TO PRESERVE THIS DATA. CONTINUE TOPRESERVE SUCH DATA GENERATED BEFORE THE DATE OF THIS MESSAGE. G. CONTINUE TO PRESERVE DWH HARD COPY PAPER DOCUMENTS AND ESITHAT HAVE BEEN PRESERVED TO DATE. H. AFTER THE DATE OF THIS MESSAGE, THE FOLLOWING NEWLYCREATEDDATA NEED NOT BE PRESERVED EVEN IF RELATED TO THE ONGOING DWHRESPONSE EXCEPT AS OTHERWISE REQUIRED IN ACCORDANCE WITH NORMALBUSINESS PRACTICES: (1) ELECTRONIC DATA (OTHER THAN ELECTRONIC MAIL, CALENDARDATA OR CONTACT DATA) STORED ON A PERSONAL DIGITAL ASSISTANT ORSMART-PHONE (2) LOGS OF CALLS MADE TO OR FROM CELLULAR TELEPHONES (3) DATA CONTAINED IN UNALLOCATED DISK SPACE (4) TEMPORARY OR CACHE FILES, INCLUDING INTERNET HISTORY,WEBBROWSER CACHE AND COOKIE FILES, WHEREVER LOCATED (5) SERVER, SYSTEM OR NETWORK LOGS (6) ELECTRONIC DATA THAT IS TEMPORARILY STORED ON BUT NOTPRESERVED BY SCIENTIFIC EQUIPMENT OR THEIR ATTACHED DEVICES DURINGNORMAL OPERATION, BUT PRESERVE DATA THAT IS ORDINARILY PRESERVED ASPART OF ANY REPORTS OR ANALYSES CREATED BY SUCH EQUIPMENT (7) MESSAGES THAT ARE POSTED ON SOCIAL MEDIA SITES(INCLUDING, BUT NOT LIMITED TO FACEBOOK), OR MICRO-BLOGGING SITES(INCLUDING BUT LIMITED TO TWITTER) OTHER THAN MESSAGES POSTED BY THEUNITED STATES ON ITS AGENCY FACEBOOK AND TWITTER PAGES, AND (8) DATA STORED ON MEMORY CARDS OF PRINTERS, COPY MACHINES,OR FAX MACHINE. I. CONTINUE TO PRESERVE WITHOUT EXCEPTION ALL CONTENTS OF WEBPAGES OVER WHICH THE UNITED STATES OR THE COAST GUARD EXERCISESCOMPLETE CONTROL. LINKED WEB PAGES OVER WHICH THE UNITED STATES ORCOAST GUARD DOES NOT EXERCISE COMPLETE CONTROL NEED NOT BE PRESERVED. J. INFORMATION THAT IS RELATED TO DWH BUT NOT CONSIDERED TOBEIN THE POSSESSION, CONTROL OR CUSTODY OF THE UNITED STATES NEED NOTBE PRESERVED. THIS IS INFORMATION THAT WAS OBTAINED OR CREATED BYINDIVIDUALS ON PERSONAL TIME AND NOT WITHIN THE SCOPE OF THEIREMPLOYMENT DUTIES, WHICH WAS OBTAINED OR CREATED ON PERSONALLY-OWNEDEQUIPMENT, AND THAT WAS RETAINED EXCLUSIVELY IN THE MEMBERS PERSONALFILES OR ELECTRONIC DEVICES.4. PLEASE CALL COMDT (CG-0945) IF YOU HAVE ANY QUESTIONS ABOUT THEDUTY TO PRESERVE DWH RESPONSE INFORMATION OR ABOVE MODIFICATIONS TOTHE DUTY TO PRESERVE THIS INFORMATION. POINTS OF CONTACT: LCDRCHRISTOPHER COUTU (202) 372-3739 OR CAPT ROSANNE TRABOCCHI AT (202)372-3735.5. RDML F. J. KENNEY, JUDGE ADVOCATE GENERAL AND RDML R. E. DAY,ASSISTANT COMMANDANT FOR COMMAND, CONTROL, COMMUNICATIONS, COMPUTERSAND INFORMATION TECHNOLOGY SENDS.6. INTERNET RELEASE AUTHORIZED.
