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Thu, 15 Nov 2007 13:07:01 -0500 |
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> Begin forwarded message:
>> From: "Rick Wolf" <[log in to unmask]>
>> Date: November 15, 2007 11:15:29 AM EST
>> To: <[log in to unmask]>
>> Subject: FW: What should vendors do if they find they have lost
>> tapes from another vendor?
>>
>>
>> Hugh,
>>
>> I would be delighted to serve in the attorney role on such a task
>> force.
>>
>> Best regards,
>>
>> Rick Wolf
>>
>> Wolf Law Associates LLC
>> 347 Mt. Pleasant Avenue
>> Suite 204
>> West Orange, NJ 07052
>> (973) 324-0050 (direct)
>> (973) 324-0052 (fax)
>> (201) 602-9486 (cell)
>>
>> On Nov 15, 2007, at 12:00 AM, RECMGMT-L automatic digest system
>> wrote:
>>
>>> Subject: Re: What should vendors do if they find they have lost
>>> tapes from another vendor?
>>>
>>
>> I think the proper approach would be for PRISM and ARMA to develop a
>> joint task force. This committee should also include an attorney who
>> is a free lance consultant in the industry that can see both sides.
>>
>> I would expect that Identity Theft legislation would speak to the
>> rights and responsibilities of the parties. New legislation coming
>> out might make failure to act responsibly and immediately a criminal
>> act or at least create contingent liability.
>>
Since Rick has volunteered to act as the legal representative for
this Protocol, we just need to have a few more volunteers from the
Listserve and we have several active members on this list from the
offsite storage venue, we should be able to put this together.
Let's start right here with Rick as the Chair. If any of our resident
RM's have experienced this problem and would care to suggest how they
resolved it. (If they were even made aware of it?) Case Studies are a
good place to start.
Rick what would the controlling legislation be here. Identity
Theft? Or SOX or other? Even laws like receipt of stolen property?
Does any liability attach itself to lost tapes? For the company who
lost them? For the company who has lost material floating around
with no control? And last, the company who now finds themselves in
possession of valuable tapes that are not their own property?
I would think staying legal would be our first responsibility.
Gerard, since you are a programmer who works for a company that
tracks tapes in transit, please provide some scenarios as to how
tapes from one client end up in a shipment to different client or to
a different media storage company? How does this happen?
It could be an employee who wants to damage their employer's
reputation. It could be an employee that is careless but there are
supposed to be checks and balances. Doesn't the dual control issue
stop most of this?
If create something meaningful then a joint ARMA/PRISM Task Force
could adopt it as a Guideline and then possibly a Standard after the
bugs are worked out.
Hugh Smith
FIRELOCK Fireproof Modular Vaults
[log in to unmask]
(610) 756-4440 Fax (610) 756-4134
WWW.FIRELOCK.COM
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