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  1. #1
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    Angry New Federal Rules: Your Company MUST Track Your E-Mails, IM's, Other Electronic Info

    http://www.nbc5i.com/news/10439274/detail.html

    POSTED: 7:50 am CST 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.

    Discussion: How Do You Use Work Computers?

    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," [so call a cop, you scumsucking Bureaucrats!!! ] 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.

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  2. #2
    Virginian's Avatar
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    Crapola! Well, it has been nice talking to you guys from work

  3. #3
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    Meh, not really all that new. IT departments have known for years that that stuff can and has been used in court cases.
    Molly Weasley makes Chuck Norris eat his vegetables.

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  4. #4
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    StanSwitek is offline Corporal
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    Im glad to leaving the profession in 3 weeks. I can only imagine the new rules my PD wil be putting in place.

  5. #5
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    I'm the company geek, and it's a mom and pop joint anyhow.

    Yay geeks!
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  6. #6
    TXCharlie's Avatar
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    Quote Originally Posted by PDawg View Post
    Meh, not really all that new. IT departments have known for years that that stuff can and has been used in court cases.
    What's new is that the company & employee can get into trouble for trashing obsolete data if 3 years from now the Department of Labor comes a' knocking because someone filed a harassment complaint or something.

    Before this, stuff like emails could be trashed at will... There was no real requirement to keep them for a set amount of time. And if subpoenaed, then the company could just say sorry, it's gone.

    But now they MUST keep it till whatever the statute of limitations are on Federal lawsuits, because they can never predict when a lawsuit will happen, especially for a large company.

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  7. #7
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    Every email I send will now be titled birthday cake recipe..

  8. #8
    TXCharlie's Avatar
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    Quote Originally Posted by Growler View Post
    Every email I send will now be titled birthday cake recipe..
    And might I suggest wrapping critical documents in encrypted Zip 10.0 files (not just a password-protected zip). No rule against "forgetting" an encryption key, as far as I know - the Courts are always one step behind the technology

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  9. #9
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    So basically - they follow the same rules as they have for hard copies?

    Burn it to a disc.
    Molly Weasley makes Chuck Norris eat his vegetables.

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  10. #10
    Roses's Avatar
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    Quote Originally Posted by StanSwitek View Post
    Im glad to leaving the profession in 3 weeks. I can only imagine the new rules my PD wil be putting in place.
    Retiring?
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    A Smile

    A smile cost nothing, but gives so much.

    It enriches those who receive it,
    without making poorer those who give.
    It takes but a moment, but the memory
    of it sometimes lasts forever.

    None is so rich or mighty that he
    can get along without it,
    and none is so poor but that
    he can be made rich by it.

    A smile creates happiness in the home,
    fosters goodwill in business,
    and is the countersign of friendship.

    It brings rest to the weary,
    cheer to the discouraged, sunshine to the sad,
    and it is nature's best antidote for trouble.

    Yet it cannot be bought, begged, borrowed,
    or stolen, for it is something that is of no
    value to anyone until it is given away.

    Some people are too tired to give you a smile.
    Give them one of yours, as none needs a smile
    so much as he who has no more to give.

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