Fail on El Reg's part.
I would expect this from a typical Mainstream Media rag, not from a technical site like El Reg.
Clearly there is a major difference between Pence and Clinton's case and the only reason this is making any sort of news is that its getting closer to the DoJ and the FBI to do a real investigation in to Clinton.
To start with... Pence used a personal AOL account. Similar to what John Kerry did and other politicians. I'm sure if we were able to subpoena all of the email accounts used by Congressmen, we'll see a lot of out of channel communication. Unlike Kerry, Pence didn't have access to classified material, nor communicate with Hillary Clinton on a classified topic.
Also its important to point out that Pence had and primarily used an official state email account for most of his official communication.
Then we have Hillary Clinton.
1) She didn't use a personal account. She set up herself a personal server.
2) Said server was used for ALL of her communication. She lacked any sort of .gov email address.
3) Clinton illegally transmitted and retained classified material on said server.
4) Clinton lied about her server.
5) All the while she kept mum about her server she was instructing her staff to refrain from using a personal email account, not to mention she terminated an ambassador to Kenya for using his own personal email account.
There's more, but I think I made some key points as to the differences.
And the investigation led by the FBI was severely hampered and thwarted by the DOJ by not allowing a Grand Jury to be en paneled which meant that they could only ask questions and not use the force of a subpoena. In order to get some to talk, they were given full blanket immunity to those involved.
To be clear, Pence didn't break any laws. Clinton however did.
And if anyone wants to claim otherwise because Comey didn't call for her to be indicted, post election during the NFL playoffs, the FBI released 30+ emails between Clinton and Sidney Blumenthal, her shadow agent. In these emails there were discussions containing classified material. (Including Top Secret SigInt).
Now that alone is enough to kick of an indictment because its also a known fact that Israel, Russia and China had hacked his email account. Not to mention that's how the world found out about Clinton's private server.
Again, big difference between Pence, as Governor not breaking any laws and Clinton and her staff who broke enough laws and counts to spend the rest of her life in prison if convicted.
A fail on El Reg for sloppy reporting.