Motion Center Buffalo, NY

R 011939Z JUL 11 ALCOAST 320/11 COMDTNOTE 5890 SUBJ: MODIFICATION OF PRESERVATION REQUIREMENTS FOR DEEPWATER HORIZON (DWH) RESPONSE A. COMDT COGARD WASHINGTON DC 152226Z SEP 10/ALCOAST 455/10 1. APPLICABILITY: ASSISTANT COMMANDANTS, DIRECTORS, OFFICE CHIEFS, COMMANDING OFFICERS, AND OFFICERS-IN-CHARGE, OF ANY COAST ORGANIZATIONAL UNIT INCLUDING VESSELS, HQ UNITS,HQ DIRECTORATES, AND HQ OFFICES. 2. PURPOSE: PURSUANT TO REF A, AND IN ACCORDANCE WITH THE DEPARTMENT OF JUSTICE LITIGATION HOLD ORDER, THE COAST GUARD SOUGHT TO PRESERVE ALL HARD COPY DOCUMENTS AND ELECTRONICALLY STORED INFORMATION (ESI) REGARDING THE DWH RESPONSE EFFORT. RECENTLY, PRESERVATION REQUIREMENTS WERE SLIGHTLY REDUCED BY COURT ORDER. 3. EXCEPT AS OTHERWISE NOTED BELOW, REF A REMAIN IN EFFECT. PERSONS IDENTIFIED IN PARA 1 SHALL DIRECT INDIVIDUAL MEMBERS WITHIN THEIR CHAIN OF COMMAND TO COMPLY WITH REF A AND THIS ALCOAST. A. CONTINUE TO PRESERVE BACK-UP TAPES THAT WERE GENERATED BETWEEN THE DATE THAT RECYCLING OF BACK-UP TAPES WAS SUSPENDED AT YOUR LOCATION IN ACCORDANCE WITH REF A AND 5 JANUARY 2011. BACK-UP TAPES GENERATED ON OR AFTER 5 JANUARY 2011 MAY BE RECYCLED IN ACCORDANCE WITH NORMAL BUSINESS PRACTICE. B. DATA BACKED UP IN ELECTRONIC BACKUP SYSTEMS (OTHER THAN THE BACKUP TAPES ADDRESSED IN PARA A ABOVE) THAT DUPLICATE DATA FOR THE PURPOSE OF RECOVERY OR INFORMATION RESTORATION SHALL CONTINUE TO BE PRESERVED IF ANY DATA WAS BACKED UP ON OR BEFORE 5 JANUARY 2011. DATA BACKED UP TO SUCH SYSTEMS AFTER 5 JANUARY 2011 NEED NOT BE PRESERVED IF SUCH DATA IS ROUTINELY PURGED, OVERWRITTEN, OR OTHERWISE ERASED IN ACCORDANCE WITH ROUTINE SYSTEM MAINTENANCE POLICIES. C. REDUCED DWH OPTEMPO PROVIDES OPPORTUNITY TO MINIMIZE PRODUCTION OF ESI THAT HAS TO BE PRESERVED. DIRECT PERSONNEL TO DISCONTINUE USE OF VOICEMAIL MESSAGES FOR DWH RELATED WORK. CONTINUE TO PRESERVE ALL DWH VOICEMAIL MESSAGES GENERATED PRIOR TO THE DATE OF THIS MESSAGE AND ANY NEW DWH VOICEMAILS. OTHER VOICEMAIL MESSAGES ON CELLULAR OR WIRED TELEPHONE SERVICES / DEVICES NEED NOT BE PRESERVED AFTER THE DATE OF THIS MESSAGE. D. DIRECT PERSONNEL TO DISCONTINUE USE OF INSTANT MESSAGES FOR DWH RELATED WORK. CONTINUE TO PRESERVE ALL DWH INSTANT MESSAGES GENERATED PRIOR TO THE DATE OF THIS MESSAGE AND ANY NEW DWH INSTANT MESSAGES. OTHER INSTANT MESSAGES NEED NOT BE PRESERVED AFTER THE DATE OF THIS MESSAGE. E. DIRECT PERSONNEL TO DISCONTINUE USE OF TEXT MESSAGES FOR DWH RELATED WORK. CONTINUE TO PRESERVE ALL DWH TEXT MESSAGES GENERATED PRIOR TO THE DATE OF THIS MESSAGE AND ANY NEW DWH TEXT MESSAGES. OTHER TEXT MESSAGES NEED NOT BE PRESERVED AFTER THE DATE OF THIS MESSAGE. F. AFTER THE DATE OF THIS MESSAGE, DISCONTINUE PRESERVATION OF ELECTRONIC MAIL (WHETHER SENT OR RECEIVED), CALENDAR DATA, OR CONTACT DATA ON A PERSONAL DIGITAL ASSISTANT (PDA) OR SMART-PHONE, IF A COPY OF SUCH DATA INCLUDING AVAILABLE METADATA CONTINUES TO BE ROUTINELY DUPLICATED AND STORED ELSEWHERE. HOWEVER, IF NOT ROUTINELY DUPLICATED AND STORED ELSEWHERE, CONTINUE TO PRESERVE THIS DATA. CONTINUE TO PRESERVE SUCH DATA GENERATED BEFORE THE DATE OF THIS MESSAGE. G. CONTINUE TO PRESERVE DWH HARD COPY PAPER DOCUMENTS AND ESI THAT HAVE BEEN PRESERVED TO DATE. H. AFTER THE DATE OF THIS MESSAGE, THE FOLLOWING NEWLY CREATED DATA NEED NOT BE PRESERVED EVEN IF RELATED TO THE ONGOING DWH RESPONSE EXCEPT AS OTHERWISE REQUIRED IN ACCORDANCE WITH NORMAL BUSINESS PRACTICES: (1) ELECTRONIC DATA (OTHER THAN ELECTRONIC MAIL, CALENDAR DATA OR CONTACT DATA) STORED ON A PERSONAL DIGITAL ASSISTANT OR SMART-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, WEB BROWSER CACHE AND COOKIE FILES, WHEREVER LOCATED (5) SERVER, SYSTEM OR NETWORK LOGS (6) ELECTRONIC DATA THAT IS TEMPORARILY STORED ON BUT NOT PRESERVED BY SCIENTIFIC EQUIPMENT OR THEIR ATTACHED DEVICES DURING NORMAL OPERATION, BUT PRESERVE DATA THAT IS ORDINARILY PRESERVED AS PART 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 THE UNITED 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 WEB PAGES OVER WHICH THE UNITED STATES OR THE COAST GUARD EXERCISES COMPLETE CONTROL. LINKED WEB PAGES OVER WHICH THE UNITED STATES OR COAST GUARD DOES NOT EXERCISE COMPLETE CONTROL NEED NOT BE PRESERVED. J. INFORMATION THAT IS RELATED TO DWH BUT NOT CONSIDERED TO BE IN THE POSSESSION, CONTROL OR CUSTODY OF THE UNITED STATES NEED NOT BE PRESERVED. THIS IS INFORMATION THAT WAS OBTAINED OR CREATED BY INDIVIDUALS ON PERSONAL TIME AND NOT WITHIN THE SCOPE OF THEIR EMPLOYMENT DUTIES, WHICH WAS OBTAINED OR CREATED ON PERSONALLY-OWNED EQUIPMENT, AND THAT WAS RETAINED EXCLUSIVELY IN THE MEMBERS PERSONAL FILES OR ELECTRONIC DEVICES. 4. PLEASE CALL COMDT (CG-0945) IF YOU HAVE ANY QUESTIONS ABOUT THE DUTY TO PRESERVE DWH RESPONSE INFORMATION OR ABOVE MODIFICATIONS TO THE DUTY TO PRESERVE THIS INFORMATION. POINTS OF CONTACT: LCDR CHRISTOPHER 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, COMPUTERS AND INFORMATION TECHNOLOGY SENDS. 6. INTERNET RELEASE AUTHORIZED.