Two Years Later, Federal Digital Storage Rules Still a Mystery to Many

 
 
By Chris Preimesberger  |  Posted 2008-12-01 Print this article Print
 
 
 
 
 
 
 

The court-rule amendments, known as the FRCP and placed into effect on Dec. 1, 2006, say businesses must be able to quickly find and make available relevant data when required by a court. Often, business information that could also serve as evidence in a criminal or civil lawsuit is required to be made available in as few as 30 days. Many enterprises are still in the dark about this.

Exactly two years ago, the U.S. Supreme Court quietly enacted a package of changes to the Federal Rules of Civil Procedure, a set of legal guidelines that govern all levels of courts in the United States.

Among them were changes to rules 26 and 34 through 37, which clarify the issue of e-discovery of critical evidence.

These amendments, adopted by the court in April 2006 and placed into effect on Dec. 1, 2006, say businesses must be able to quickly find and make available relevant data when required by a court-federal or otherwise. Often, business information that could also serve as evidence in a criminal or civil lawsuit is required to be made available in as few as 30 days.

That means that every electronic document stored by businesses-e-mail, instant messages, computer logs, financials, voice mail, and all text and graphical documents-must be easily retrievable. It also means that an enterprise must have in place a standard, repeatable, predictable method of storing and accessing its digital data-including established rules about who has access, how long it is kept and where it is maintained.

To not produce such evidence in a timely fashion not only could irritate the presiding judge, but it also could result in stiff fines and responsibility for payment of extra court costs due to delays-not to mention possibly losing the case.

Two years later, most analysts and industry people contacted by eWEEK believe that these changes are well-known and observed by the Fortune 5000 and most midmarket-size companies around the world, most of which have legal staffs or law firms looking out for them at all times.

It's the small to medium-size businesses that some observers are worried about. Just like a large enterprise, they, too, can be sued for any number of reasons. Often, the first time some small-business owners hear about the new rules governing storage of digital information is by reading about a related lawsuit in the news.



 
 
 
 
Chris Preimesberger Chris Preimesberger was named Editor-in-Chief of Features & Analysis at eWEEK in November 2011. Previously he served eWEEK as Senior Writer, covering a range of IT sectors that include data center systems, cloud computing, storage, virtualization, green IT, e-discovery and IT governance. His blog, Storage Station, is considered a go-to information source. Chris won a national Folio Award for magazine writing in November 2011 for a cover story on Salesforce.com and CEO-founder Marc Benioff, and he has served as a judge for the SIIA Codie Awards since 2005. In previous IT journalism, Chris was a founding editor of both IT Manager's Journal and DevX.com and was managing editor of Software Development magazine. His diverse resume also includes: sportswriter for the Los Angeles Daily News, covering NCAA and NBA basketball, television critic for the Palo Alto Times Tribune, and Sports Information Director at Stanford University. He has served as a correspondent for The Associated Press, covering Stanford and NCAA tournament basketball, since 1983. He has covered a number of major events, including the 1984 Democratic National Convention, a Presidential press conference at the White House in 1993, the Emmy Awards (three times), two Rose Bowls, the Fiesta Bowl, several NCAA men's and women's basketball tournaments, a Formula One Grand Prix auto race, a heavyweight boxing championship bout (Ali vs. Spinks, 1978), and the 1985 Super Bowl. A 1975 graduate of Pepperdine University in Malibu, Calif., Chris has won more than a dozen regional and national awards for his work. He and his wife, Rebecca, have four children and reside in Redwood City, Calif.Follow on Twitter: editingwhiz
 
 
 
 
 
 
 

Submit a Comment

Loading Comments...
 
Manage your Newsletters: Login   Register My Newsletters























 
 
 
 
 
 
 
 
 
 
 
Rocket Fuel