New rules compel firms to track e-mails

[joneschick]

http://hosted.ap.org/dynamic/stories/S/STORING_E_MAILS?SITE=WIMIL&SECTION=HOME&TEMPLATE=DEFAULT

WASHINGTON (AP) -- 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.

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Oy. Thinking from a strictly IT perspective, it'll be a pain.

Hmmm...does this mean that we'll also have to save all the offers for Nigerian, uh, funds expatriation, too?

Getting old in mke (JonesChick's hbsd).

[htuttle]

1. Looks like somebody's lobbyists are earning their pay!

From the article:

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.

[LARED]

2. The response to this will be

delete all non essential emails ASAP after getting them. My company already implies employees should do this.

The articles states

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.

It seems to me this rule will only kick in once you are in federal litigation. So keep your email folders empty.

[MindPilot]

3. If a hard drive fails will it be like in the "war on drugs"?

Will we see cases like "The United States of America vs. One 60GB Maxtor Hard Drive"?

My pst files are HUGH!!11!