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BuckU
12-01-2006, 04:04 PM
http://www.nbc4i.com/technology/10439274/detail.html


Careful: Employee E-Mails, IMs Must Be Tracked

POSTED: 8:50 am EST December 1, 2006

WASHINGTON -- U.S. companies will need to keep track of all the e-mails, instant messages and other electronic documents generated by their employees thanks to new federal rules that go into effect Friday, legal experts say.

The rules, approved by the Supreme Court in April, require companies and other entities involved in federal litigation to produce "electronically stored information" as part of the discovery process, when evidence is shared by both sides before a trial.


The change makes it more important for companies to know what electronic information they have and where. Under the new rules, an information technology employee who routinely copies over a backup computer tape could be committing the equivalent of "virtual shredding," said Alvin F. Lindsay, a partner at Hogan & Hartson LLP and expert on technology and litigation.

James Wright, director of electronic discovery at Halliburton Co., said that large companies are likely to face higher costs from organizing their data to comply with the rules. In addition to e-mail, companies will need to know about things more difficult to track, like digital photos of work sites on employee cell phones and information on removable memory cards, he said.

Both federal and state courts have increasingly been requiring the production of relevant electronic documents during discovery, but the new rules codify the practice, legal experts said.

Copyright 2006 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed

savafan
12-01-2006, 04:06 PM
I read that earlier. Does that mean that all companies will now be tracking e-mail?

Redsland
12-01-2006, 04:08 PM
First I'd heard of it, possibly because the bolded part below...

The rules, approved by the Supreme Court in April, require companies and other entities involved in federal litigation to produce "electronically stored information" as part of the discovery process, when evidence is shared by both sides before a trial.

...seems to indicate that only law firms and possibly indicted companies are subject to the law. I could be wrong about that, though.

pedro
12-01-2006, 04:31 PM
First I'd heard of it, possibly because the bolded part below...

The rules, approved by the Supreme Court in April, require companies and other entities involved in federal litigation to produce "electronically stored information" as part of the discovery process, when evidence is shared by both sides before a trial.

...seems to indicate that only law firms and possibly indicted companies are subject to the law. I could be wrong about that, though.

I read that to mean that if you are inviolved in a law suit you bettre be able to produce backups of everything that's ever happened on your network. This could cause a storage problem for a lot of large companies.

Roy Tucker
12-01-2006, 04:57 PM
This could cause a storage problem for a lot of large companies.

:)

Google "electronic discovery amendments".

This is a good overview... http://www.wwpi.com/index.php?option=com_content&task=view&id=1512&Itemid=44