The Presidential Records Act in the Age of the Blackberry

Abstract:     
On January 21, 2009, President Barack Obama, in one of his first official acts in office, nullified George W. Bush’s controversial Executive Order 13233, which gave presidents, sitting and former, unprecedented powers to restrict public access to presidential records. In signing Executive Order 13489, Obama signaled his support for the principle of open government and tacitly rebuked the Bush administration for its favoritism toward secrecy.

Despite Obama's action, it is unclear how future administrations will treat presidential records. This paper argues that Congress should amend the Presidential Records Act to prevent abuses by codifying Obama's executive order and by strenghtening the role of the Archivist.

Part I of this paper briefly explores the historical treatment of presidential records since the founding of the republic. Part II discusses the Presidential Record Act's scope, intent, and its most important provisions. Next, Part III analyzes the challenges to the PRA since its implementation. Finally, Part IV provides recommendations to end the ambiguity toward the records.

Keywords: Presidential Records Act, PRA, Executive Order 13233, Executive Order 13489, BlackBerry

Working Paper Series