New rules make firms track e-mails, IMs

[Phlegm]

U.S. Supreme Court-approved rules go into effect today. From Associated Press:

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.

The rules also require that lawyers provide information about where their clients' electronic data is stored and how accessible it is much earlier in a lawsuit than was previously the case.

There are hundreds of "e-discovery vendors" and these businesses raked in approximately $1.6 billion in 2006, Wright said. That figure could double in 2007, he added.

Another expense will likely stem from the additional time lawyers will have to spend reviewing electronic documents before turning them over to the other side. While the amount of data will be narrowed by electronic searches, some high-paid lawyers will still have to sift through casual e-mails about subjects like "office birthday parties in the pantry" in order to find information relevant to a particular case.

Martha Dawson, a partner at the Seattle-based law firm of Preston Gates & Ellis LLP who specializes in electronic discovery, said the burden of the new rules won't be that great.

Companies will not have to alter how they retain their electronic documents, she said, but will have to do an "inventory of their IT system" in order to know better where the documents are.

The new rules also provide better guidance on how electronic evidence is to be handled in federal litigation, including guidelines on how companies can seek exemptions from providing data that isn't "reasonably accessible," she said. This could actually reduce the burden of electronic discovery, she said.

[Lionking]

Have a link? I want to forward the original on.

[Phlegm]

Have a link? I want to forward the original on.

nope. It was emailed to me.

[Phlegm]

Ok. I found the article on MSNBC.

http://www.msnbc.msn.com/id/15984058/

[Lionking]

Thanks, P.

[Iccarra]

They already track and store all our emails,etc. where I work....at first it bothered me but now I don't really care.

[Narrock]

How pathetic. I can just see it now... you email a coworker saying what a friggin retard the boss is, and then you called into the office a couple days later and get chewed out or reprimanded for talking smack about the boss or company. I know you're not supposed to be using company email systems for personal reasons on company time, but some people take their breaks and lunch breaks at their desk and utilize that time to IM or email friends or coworkers. I see this as a blatant violation of privacy.

[Diekan]

How pathetic. I can just see it now... you email a coworker saying what a friggin retard the boss is, and then you called into the office a couple days later and get chewed out or reprimanded for talking smack about the boss or company. I know you're not supposed to be using company email systems for personal reasons on company time, but some people take their breaks and lunch breaks at their desk and utilize that time to IM or email friends or coworkers. I see this as a blatant violation of privacy.

W....T.....F?

Are you not the same person who was screaming about how Bush should have the rigth to tap our phones without warrants?

NOW personal privacy is an issue of concern for you?

Put the crack pipe down, Mindia...

[Narrock]

How pathetic. I can just see it now... you email a coworker saying what a friggin retard the boss is, and then you called into the office a couple days later and get chewed out or reprimanded for talking smack about the boss or company. I know you're not supposed to be using company email systems for personal reasons on company time, but some people take their breaks and lunch breaks at their desk and utilize that time to IM or email friends or coworkers. I see this as a blatant violation of privacy.

W....T.....F?

Are you not the same person who was screaming about how Bush should have the rigth to tap our phones without warrants?

NOW personal privacy is an issue of concern for you?

Put the crack pipe down, Mindia...

These are two different things. One is the department of Homeland Security monitoring suspicious persons for possible terrorist activity, and the average American will not be monitored. I guess you didn't bother to actually read the details of that. The other thing that we're talking about here is keylogging of employees. You don't see a difference in the two? ROFL. Um... who's smoking the crack pipe?

Classic Diekanism.

[Lueyen]

Now those of you who are technically inclined, think about this, then think about forging email headers.... oh there could be no end to the fun one could have... I'd sure as hell give my boss something to look at, like a couple of my male co-workers coming out of the closet to each other and discussing what a cute ass he has.

[Yamori]

Major violations of privacy and business rights so that gold digging looters can file their sexual harassment/discrimination lawsuits better. Whee! *waves his mini American flag*

[10sun]

I am in favor of this.

[Lueyen]

I once sent a co-worker and email from his boss telling him he was getting a 2k a month raise... think he could take my boss to court and sue him for back wages now?

Sorry courts even considering email messages as absolute and credible evidence is insane.

[10sun]

I tell my employees every day that they are fired... they don't believe me though and keep coming in ><

[Narrock]

I once sent a co-worker and email from his boss telling him he was getting a 2k a month raise... think he could take my boss to court and sue him for back wages now?

Sorry courts even considering email messages as absolute and credible evidence is insane.

[vonkaar]

ya'll aren't paying attention...

this doesn't apply to every freaking company in the US...

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.

from the second link:
http://www.msnbc.msn.com/id/15984058/
Companies and other parties involved in federal litigation must now produce “electronically stored information” as part of discovery, the process by which both sides share evidence before a trial. Federal and state courts have increasingly been requiring the production of such evidence in individual cases, and the new rules clarify that the data will be required in federal lawsuits.

Many publicly traded comapnies and law firms have required this for years... it's required as a backbone for an information compliance solution (Sarbanes-Oxley, Gramm-Leach-Bliley, et al) Microsoft has provided Journaling options since 2000 as part of the Exchange server. I've set up 30 Exchange 2003 Journal servers since then... this is hardly 'new'... it's nothing to freak out about. It really only applies to a very select few companies. Most of them archived anyway... now they are REQUIRED to.

[vonkaar]

I'd also point out that it's BECOMING 'best practices' for ANY company to start archiving all of their communicative traffic, if only for CYA purposes. No, they aren't required by law to do so... but if for some reason this mom and pop company gets involved in some monster case, their asses won't be left out in the wind by a lack of information.

[Iccarra]

I once sent a co-worker and email from his boss telling him he was getting a 2k a month raise... think he could take my boss to court and sue him for back wages now?

Sorry courts even considering email messages as absolute and credible evidence is insane.

That one always makes me grin....

[Lueyen]

Vonk is right, the subject line paints a picture that is in stark contrast to the actual ramifications of the laws. I didn't forward this to my boss simply because from the article it didn't look like an absolute requirement to start archiving all electronic communications in the company(which we currently are not doing). Honestly it's a can of worms I don't want to open at this point for quite a few reason, but primarily because of a configuration for internet and email that is goofy as hell (one I didn't have a hand in setting up). We are no where near the point where we could feasibly implement an all encompassing method of communications archiving, and to get there would require a huge rework of our email and internet structure. It won't happen overnight, and although I'm slowly redoing much of what was already setup, it's a side project when I can find the time from my actual responsibilities.

[Yamori]

You sure? My take was that it said all companies must turn over electronic records to the courts if they're involved in litigation, implying that they need to have kept records regardless of their court involvements.

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.

Guess it's hard to say with somewhat vague news articles as the only reference. :/

-

Even if most companies already keep records, to say that they must - for the sole purpose of turning them over to the government if it wants it - is rather creepy.

[Evermore]

How pathetic. I can just see it now... you email a coworker saying what a friggin retard the boss is, and then you called into the office a couple days later and get chewed out or reprimanded for talking smack about the boss or company. I know you're not supposed to be using company email systems for personal reasons on company time, but some people take their breaks and lunch breaks at their desk and utilize that time to IM or email friends or coworkers. I see this as a blatant violation of privacy.

i do believe anything done on corporate network is the property of the corperation. They are the owners of the digital records. they just have to inform that they are monitoring emails

http://www.securityfocus.com/columnists/421

[vonkaar]

they just have to inform that they are monitoring emails

If they are in fact monitoring the emails. Nobody has to say anything about archival solutions... which really surprises people when they find out their MSN IM chats are included in that =p. Monitoring and archiving are totally separate things.

[Narrock]

they just have to inform that they are monitoring emails

If they are in fact monitoring the emails. Nobody has to say anything about archival solutions... which really surprises people when they find out their MSN IM chats are included in that =p. Monitoring and archiving are totally separate things.

When I worked at Blue Shield, we all got an email stating that the company archives all emails sent from your computer. So then everybody started logging on to their Yahoo and Hotmail accounts to email each other, and started IM'ing using YIM. Then a couple weeks later we all got another email from corporate stating that all activity performed on the computer will be archived and "randomly monitored." I hate big corporations sometimes. They also blocked online radio stations for each computer due to "unnecessary utilization of bandwidth." There's nothing quite like big brother breathing down your shoulder constantly...