Well, no. In fact, the very rule that Sullivan cites contradicts the primary point of the Times story. For everyone except the two people who actually followed the link Sullivan posted, here is what the section actually says:

“Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that federal records sent or received on such systems are preserved in the appropriate agency recordkeeping system.”

Catch the problem? The regulation itself, through its opening words, “specifically designates that employees of certain agencies are allowed to use non-federal email systems.” And one of those agencies just happened to be…drumroll please.… The State Department. In other words, not only was the use of a personal email account not a violation of the rules, it was specifically allowed by the rules.