Although I will be discussing this issue, this discussion is not intended to serve as legal advice and should not be taken as such. You should consult with your own legal counsel for assistance in determining legal requirements, liability exposure, appropriate practices, policies and procedures.
Is Archiving for You?
Should you archive everything that has been published on your website? Are you required to do so? When considering these questions remember that legal requirements take two forms; explicit and implicit.
Explicit requirements spring from legislation which specifically mandates archiving websites. These laws are usually at the state level, vary widely from among states and may not apply to your organization. Your State Archivist will be able to tell you quickly if there is specific legal guidance regarding archiving your site.
Implicit requirements arise due to out-dated general record retention requirements which do not address websites. These requirements generally outline the retention and disposal guidance for all sorts of records, but don’t specifically address websites. Thus websites fall into the “all other records” category, which commonly doesn’t allow for disposal -- ever. Fortunately, state archivists are actively pushing for updated legislation which addresses new electronic media.
If you are not required by law to archive, you may still be required to archive by supervisory directives or legal advice. City councils, county commissions, school boards and other supervisors may direct the website to be archived, and your own legal council may recommend archiving your website.
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