In light of 30 years with of IT advancement we need to update the law rather than puzzle over its interpretation. Obama’s team should recommend some changes, and congress ought to hold hearings and write new provisions for dealing with new mechanisms.
If the conclusion of your legal analysis is that the President of the United States can’t have an email account or a Blackberry, then that means you need a new law.
Bush and Clinton may never have used email, but every single president from Obama onwards will , just as their staff have been for the last 12-15 years. This will never go away, and we shouldn't expect Presidents to cripple their own access to the tools of modernity.
The only reason updates havn't been proposed I can imagine is that there is the impression it will look like a desire to hide the truth/curtail transparency were Obama to promote new laws. But I really don't think the public care that much, and after the secrecy of the Bush Administration, and Obama's other commitments to transparent governance, he can easily make the argument this is necessary for the practice of government to continue, without denying the public's right to know.
I'd like to see Governments set up a specific technology unit that regularly reviews legislation and ensures it is up to date with the technology of the time. In areas such as record keeping, control or sending of illegal material, defamation, or other acts of communication, we need to make sure that new changes neither inhibit the work of government, nor enable the actions of criminals who's actions would be illegal if used on older technology. This isn't something Presidents or ministers need ever really worry about, and they certainly dont have the skills; but a few good IT junkies could submit regular updates to the legislation to solve problems like this when the technology is released, not years down the track when it is suddenly needed :as in Obama's case.
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