And they arent specifically mentioned either...
Under the original act:
"§ 2111. Material accepted for deposit
When the Archivist considers it to be in the public interest he 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) documents, including motion-picture films, still pictures, and sound recordings, from private sources that are appropriate for preservation by the Government as evidence of its organization, functions, policies, decisions, procedures, and transactions."
Here is the recently amended act:
"§ 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.
Its really quite simple. In the original version of the act, if the word "records" was mentioned, then what she did would of been illegal. The reason the word "records" is important is because its defined as in this act as, "‘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". There is a reason they only listed several of the items defined as "records" in the orignial amendment, and did not use the word "records" in the original amendment under the powers given section.
Yea, its clear that emails were not covered under the original 1950's act. Clear enough to send out these press release: "Strengthening the Federal Records Act by expanding the definition of Federal records to clearly include electronic records. This is the first change to the definition of a Federal record since the enactment of the act in 1950. Clarifying the responsibilities of Federal government officials when using non-government email systems."
Bulletin 2014-06
Seems to be clear enough for the associated press:
"There's no ban on government employees setting up and using private email accounts. But using those accounts for government business is allowed only if the official retains a copy of each record on her official account or forwards a copy within 20 days. But the law requiring those steps was signed by President Barack Obama in November 2014, nearly two years after Clinton left the State Department."
5 things to know about Clinton's State Department emails - US News