Hillary Flashback: 'Classified and Confidential Work Can’t Be Outsourced ... to Telework'

     Presidential candidate and former Secretary of State Hillary Clinton finds herself under growing scrutiny over the classified contents of dozens of emails (perhaps hundreds once the State Department finishes releasing them all) she sent and received as head of the State Department. As it turns out, Mrs. Clinton could have avoided this pitfall by following her own guidance while she was still in office.
     In January 2012, then-Secretary Clinton was questioned at a town hall meeting about workplace flexibility options for women thinking of applying for senior positions at the State Department [emphasis added]:

QUESTION: Madam Secretary, I’m on the board of Executive Women at State. Fewer women are applying for senior positions in the Department and women at every level are having difficulty with maternity, childcare, and eldercare issues, and some are resigning. Workplace flexibility options are inconsistent from office to office. How can Executive Women at State and other concerned affinity groups work with you to help address these problems before you leave? Thank you. (Applause.) 

SECRETARY CLINTON: Well, this is matter of great concern to me, because obviously balancing family and work responsibilities is challenging, and the challenge falls disproportionately on women in the workplace. And it’s no longer just a question of one’s children. It’s also one’s aging relatives who are often part of the care giving responsibilities that are assumed. And I really want to do more on this this year. 

I think we’ve got a variety of policies in place that are trying to make the Department a more family-friendly work environment. I know some of you have raised on the Sounding Board and through your chains, here, the question about more telework. Pat and I have talked about this. We have to determine which positions are eligible and which aren’t. A lot of the classified and confidential work can’t be outsourced, so to speak, to telework. So we are looking at that, we will continue to look at it, and we will try to support as much expansion of it as is possible. But I don't want to overpromise, because there are inherent challenges.

     Although Mrs. Clinton said in 2012 that she and the State Department needed "to determine which positions are eligible and which aren’t," the secretary had apparently unilaterally determined her own position was eligible for such an arrangement despite the "classified and confidential work" which she herself had been engaged in since assuming office in 2009. Due to her travel schedule, Mrs. Clinton spent many days in various locations around the world, but at times worked from home, as well. Despite her assertion that she used a separate secure system for classified communications, it is increasingly clear that often classified materials found its way into her personal email, passing through and being stored on her private email server in her home in Chappaqua, New York.
     The State Department actually featured Mrs. Clinton's remarks on workplace flexibility and telework in the April 2012 issue of State Magazine, an official publication of the department. The article was entitled "Secretary Clinton Addresses Work-Life Issues, Promotions" and quoted Mrs. Clinton's January town hall comment that "classified and confidential work can’t be outsourced, so to speak, to telework." [highlight added below]

     Coincidentally, the Huffington Post published an article Tuesday entitled "Hillary Clinton’s Emails Illustrate The Difficulties Of Achieving Work-Life Balance," echoing the "work-life" emphasis of the April 2012 State Magazine article. The Huffington Post article seems to indicate Mrs. Clinton's attitude towards work-life balance was somewhat mixed, at times making allowances and expressing concern, while at other times seeming to have little sympathy for "the kind of paralysis that some people fall into because they're not happy with the choices they've made... Some women are not comfortable working at the pace and intensity you have to work at in these jobs. ... Other women don't break a sweat."
     From almost the very moment Mrs. Clinton first appeared on the national stage, she brought the work-life issue to the fore with her 1992 comment, "I suppose I could have stayed home and baked cookies and had teas, but what I decided to do was to fulfill my profession[.]" However, if Mrs. Clinton is now someone who is "not happy with the choices" she has made, it may have more to do with her email choices than her work-life balance. And given the possible ramifications of the email scandal on her presidential aspirations, she herself may be the one who is beginning to sweat.

Note: A version of this post first appeared at The Weekly Standard.

Hillary Clinton on Email in 2011: 'A Lot of Security Restraints on What I Can and Can’t Do'

    Hillary Clinton is under increasing pressure for her exclusive use of a personal email address during her four years as secretary of state. In October 2011, Mrs. Clinton was interviewed by Savannah Guthrie of NBC's Today Show, and Guthrie asked about her personal email address. While Mrs. Clinton did not directly answer the question, she did acknowledge that she had "a lot of security restraints on what I can and can’t do":

QUESTION: You mentioned technology. I have to wonder, do you – how many people have your personal email address? Do you use your BlackBerry a lot? Do you like technology? 

SECRETARY CLINTON: I do. 

QUESTION: Are you good at it? 

SECRETARY CLINTON: I’m okay. For someone of my generation, I’m okay. But no, I have a lot of security restraints on what I can and can’t do. But I do try to stay in touch as much as possible, and electronically is by far the easiest way to do that.
QUESTION: Are you a BlackBerry addict? 

SECRETARY CLINTON: I’m an aficionado. I’m not sure about the addict part.

     Mrs. Clinton had made remarks in the past regarding the importance of security when it came to email within the state department. In June 2011, there were reports of Chinese hackers breaking into Google email accounts of U.S. officials, and then-Secretary Clinton was asked about this at a press availability:

QUESTION: Thank you, Madam Secretary. Google is reporting about Chinese hacking into the email accounts of U.S. officials. Have you talked to the Chinese about this? Do you have any evidence that sensitive information was compromised, and what are you doing to mitigate any damages?... 

SECRETARY CLINTON: Well, Elise, first with respect to the recent announcement by Google, we are obviously very concerned about Google’s announcement regarding a campaign that the company believes originated in China to collect the passwords of Google email account holders. Google informed the State Department of this situation yesterday in advance of its public announcement. These allegations are very serious. We take them seriously, we’re looking into them, and because this will be an ongoing investigation, I would refer you to first Google for any details that they are able to share at this time and to the FBI, which will be conducting the investigation. 

One of the reasons why we’ve created the first-ever cyber security coordinator position in the State Department, filled by Chris Painter, a very experienced official in this area who was one of the leaders in helping to draft our governmental framework for cyber policy, is because we know this is going to be a continuing problem. And therefore we want to be as prepared as possible to deal with these matters when they do come to our attention.

    On the same day, the issue was raised with state's deputy spokesperson Mark Toner at the daily press briefing. Toner said that state department employees were not prohibited from using private email accounts, but that staff was told during training that there's "no assumption of confidentiality in any kind of personal email account and that you should obviously act accordingly."

Note: A version of this post first appeared at The Weekly Standard.

Obamacare Marketplace: Personal Data Can Be Used For "Law Enforcement and Audit Activities"

    Maryland's Health Connection, the state's Obamacare marketplace, has been plagued by delays in the  first days of open enrollment.  If users are able to endure long page-loading delays, they are presented with the website's privacy policy, a ubiquitous fine-print feature on websites that often go unread.  Nevertheless, users are asked to check off a box that they agree to the terms.
    The policy contains many standard statements about information automatically collected regarding internet browsers and IP addresses, temporary "cookies" used by the site, and website accessibility.  However, at least two conditions may give some users pause before proceeding.
    The first is regarding personal information submitted with an application for those users who follow through on the sign up process all the way to the end.  The policy states that all information to help in applying for coverage and even for making a payment will be kept strictly confidential and only be used to carry out the function of the marketplace.  There is, however, an exception: "[W]e may share information provided in your application with the appropriate authorities for law enforcement and audit activities."  Here is the entire paragraph from the policy the includes the exception [emphasis added]:

Should you decide to apply for health coverage through Maryland Health Connection, the information you supply in your application will be used to determine whether you are eligible for health and dental coverage offered through Maryland Health Connection and for insurance affordability programs. It also may be used to assist you in making a payment for the insurance plan you select, and for related automated reminders or other activities permitted by law.  We will preserve the privacy of personal records and protect confidential or privileged information in full accordance with federal and State law. We will not sell your information to others.  Any information that you provide to us in your application will be used only to carry out the functions of Maryland Health Connection. The only exception to this policy is that we may share information provided in your application with the appropriate authorities for law enforcement and audit activities. 

     The site does not specify if "appropriate authorities" refers only to state authorities or if it could include the federal government, as well.  Neither is there any detail on what type of law enforcement and/or audit activities would justify the release of the personal information, or who exactly is authorized to make such a determination.  An email to the Maryland Health Connection's media contact seeking clarification has not yet been answered
    The second privacy term that may prompt caution by users relates to email communications.  The policy reads:

If you send us an e-mail, we use the information you send us to respond to your inquiry. E-mail correspondence may become a public record. As a public record, your correspondence could be disclosed to other parties upon their request in accordance with Maryland’s Public Information Act.

    Since emails to the marketplace could conceivable involve private matters regarding finances, health history, and other sensitive issues, the fact that such information could be made part of the "public record" could prevent users from being as free with their information than they might otherwise be.  However, as noted, any requests for such emails would still be subject to Maryland's Public Information Act which contains certain exceptions to the disclosure rules.


Note: A version of this post first appeared at The Weekly Standard.