First, here's the Federal Records act of 1950....this describes what must be recorded.
Here is the definition original definition:
"As used in this chapter, ‘records’ includes all books, papers,
maps, photographs, machine readable materials, or other documentary
materials, regardless of physical form or characteristics, made
or received by an agency of the United States Government under
Federal law or in connection with the transaction of public business
and preserved or appropriate for preservation by that agency or its
legitimate successor as evidence of the organization, functions, policies,
decisions, procedures, operations, or other activities of the
Government or because of the informational value of data in them.
Library and museum material made or acquired and preserved
solely for reference or exhibition purposes, extra copies of documents
preserved only for convenience of reference, and stocks of
publications and of processed documents are not included."
Here is it to amended. It clearly defines electronic storage, and digital stored.
"(a) RECORDS DEFINED.—
(1) IN GENERAL.—As used in this chapter, the term ‘records’—
(A) includes all recorded information, regardless of form
or characteristics, made or received by a Federal agency
under Federal law or in connection with the transaction of
public business and preserved or appropriate for preservation
by that agency or its legitimate successor as evidence
of the organization, functions, policies, decisions, procedures,
operations, or other activities of the United States
Government or because of the informational value of data
in them; and
(2) RECORDED INFORMATION DEFINED.—For purposes of paragraph
(1), the term ‘recorded information’ includes all traditional
forms of records, regardless of physical form or characteristics,
including information created, manipulated, communicated,
or stored in digital or electronic form."
Its also very important to note the private materials the National Archives has the authority to acquisite.
Under the oringinal act it states: "ø§ 2111. Material accepted for deposit¿
øWhen the Archivist considers it to be in the public interest he
may accept for deposit—¿
ø(1) the papers and other historical materials of a President
or former President of the United States, or other official or
former official of the Government, and other papers relating to
and contemporary with a President or former President of the
United States, subject to restrictions agreeable to the Archivist
as to their use; and¿
ø(2) documents, including motion-picture films, still pictures,
and sound recordings, from private sources that are approVerDate
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jbell on DSK4SPTVN1PROD with REPORTS13
priate for preservation by the Government as evidence of its
organization, functions, policies, decisions, procedures, and
transactions.¿
øThis section shall not apply in the case of any Presidential
records which are subject to the provisions of chapter 22 of this
title.¿ "
Now under the revised portion it includes private email accounts:
"§ 2111. Material accepted for deposit
(a) IN GENERAL.—When the Archivist considers it to be in the
public interest the Archivist may accept for deposit—
(1) the papers and other historical materials of a President or
former President of the United States, or other official or former
official of the Government, and other papers relating to and
contemporary with a President or former President of the
United States, subject to restrictions agreeable to the Archivist
as to their use; and
(2) recorded information (as such term is defined in section
3301(a)(2) of this title) from private sources that are appropriate
for preservation by the Government as evidence of its organization,
functions, policies, decisions, procedures, and transactions.
"
"3301(a)(2)" is what defined recorded information above. It now reads that the National Archives has the right to acquire information they deem necessary from private email accounts.
It all can be read here:
http://www.gpo.gov/fdsys/pkg/CRPT-113srpt218/pdf/CRPT-113srpt218.pdf