Dear Colleagues,

I have searched the Listserv Archives for information on the Wayback Machine
@ Archive.org and as usual Peter K and Larry M have made one or two mentions
since 2001 as references and in the RAIN publications we have come to love.

In a recent [yesterday] online newsletter I receive from Pike & Fischer
[[log in to unmask]] the following article copied below caused me to take
note.

Have a read and you will note that Healthcare Advocates Inc's Retention and
Disposal or Disposition schedule [assuming that they had one] was
ineffective as they obviously posted some information on there website some
time in the past and BINGO it was saved by the Wayback Machine @ Archive.org
and used in some legal action.

Is there a message we should be telling our masters in respect to Retention
and Disposal or Disposition Schedules of electronic data?

Is it that these Retention and Disposal or Disposition Schedules do not
apply, or are ineffective if we posted the information on our website, or
the information was found out there on the web and grabbed by Wayback
Machine @ Archive.org or the Australian version of same the PANDORA Archive
@  <http://pandora.nla.gov.au/> http://pandora.nla.gov.au/ of the National
Library of Australia? There are other Archive projects of this type in other
jurisdictions.

INTERESTING!

What should we do to minimise our organisations exposure to this type of
long term retention of information which has passed from our control as
professional records managers.

Regards, Laurie

**********************Start of
newsletter************************************
Brought to you by Digital Discovery & e-Evidence
Wednesday, October 19, 2005


Internet Archive Wins Dismissal of Complaint By Site Irked That Code Didn't
Stop Spiders




The owner of a Web site that sued the Internet Archive for preserving
sensitive pages, in spite of coding meant to repel cataloging, saw much of
its complaint dismissed when a district court ruled that the site owner
failed to plead essential elements to over a half-dozen claims (Healthcare
Advocates Inc. v. Harding, E.D. Pa., No. 05-3524, October 4, 2005).

The order dismissed a host of state causes of action by Healthcare Advocates
Inc. against Internet Archive and a law firm that used the Archive's
repository to uncover sensitive information that hurt Healthcare in another
lawsuit.

Healthcare alleged, in various state causes of action, that the Internet
Archive's "Wayback Machine" ought not to have preserved its pages once
Healthcare made a software fix to its site based on instructions provided on
the Internet Archive Web site.

Read Digital
<http://www.magnetmail1.net/ls.cfm?r=15549384&sid=727580&m=129566&u=PikeFisc
h&s=http://www.pf.com/ddeePD.asp>  Discovery & e-Evidence every month for
case developments as they occur. The complete newsletter archive is
available at
<http://www.magnetmail1.net/ls.cfm?r=15549384&sid=727581&m=129566&u=PikeFisc
h&s=http://ddee.pf.com/> http://ddee.pf.com.

Mr Daniel Lawrance [Laurie] Varendorff, ARMA
Member of the Western Australian Governments - Digital Records Working Group
(DRWG).
Specialist Technical Writer on Records and Information Management (RIM) and
related subjects, available for hire.
Published Articles available @
http://www.records-management.com.au/publications.shtml?laurie-
A Records Management Professional, and proud of the fact!
Consultant/Trainer/Tutor/Presenter: Records and Information Management
Imaging and Micrographic Specialist: 31 years experience
You may care to visit our web site @  www.records-management.com.au
<http://www.records-management.com.au/>

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