Exactly. It is hard to know what to expect when in the legal world there is
often the saying that "It all depends on ...."

John


********************************
John T. Phillips
MSLS, CRM, CDIA, FAI
Electronic Records Management
Consulting, Education, Research
Information Technology Decisions
www.infotechdecisions.com
865-966-9413


-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Taina Makinen
Sent: Monday, July 07, 2008 11:29 AM
To: [log in to unmask]
Subject: Re: Legal Ruling Shakes Up E-mail Archiving

On 7/6/08, John Phillips <[log in to unmask]> wrote:

> What would be interesting for us would be if there were any attorneys 
> on this list that could comment about how oranizations within the 
> jurisdictions of a particular Circuit court must immediately accept 
> and implement any rulings.

My understanding is that this ruling hinged on the employer's inconsistent
application of the policy, so the decision was specific to the case and
therefore might not have any farther-reaching implications for email
archiving per se. Sort of like last year's "RAM is a document" issue where
Judge Chooljian ordered that TorrentSpy had to preserve its server log data
(although I don't know whether that order survived TorrentSpy's appeal).

Regards,
Taina Makinen
[log in to unmask]

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