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Subject:
From:
Larry Medina <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Wed, 9 Jul 2008 08:26:04 -0700
Content-Type:
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> I've always considered Twitter to be sort of a publicly viewable SMS
> (text message) service.
>
> Most SMS systems also have a fairly small char limit (usually around 160
> - not much bigger than Twitter)and due to that small amount of text they
> well may not be considered records but they can have ramifications as
> the mayor of Detroit recently found out.
>
> I would think that if an employees use of email, Blackberry's, text
> messages, can be subject to discovery  that employee use of Twitter
> would fall into that same category.


No doubt that 160 character exchanges could get a licensed broker into a lot
of trouble with the SEC if it was related to certain types of financial
transactions.

Again, it's a case of a lack of concern for considering the context of the
discussion and what it amounts to, and then choosing an appropriate medium
for the communication.  As we've discussed many times in the past, not all
e-mail rises to the definition of a record, so it doesn't all have to be
retained... but when it does, it does.

If you're working in an environment where certain types of communication are
subject to regulations or rules that require the exchanges to be documented,
you should limit yourself to using those forms of communication.  Similarly,
if you are an organization that is subject to those types of regulation, you
should have a very clear and well communicated policy as to what types/forms
of communication can be used by your employees for business purposes.  And
you should regularly remind them that it is their obligation to comply with
that policy.

California enacted a law on July 1 regarding the use of hands-free only cell
phones by drivers over the age of 18 (and NO cell phone use by those under
18) while operating a motor vehicle.   As most of us know, trying to find a
Bluetooth enabled phone without a camera that allows for the use of a
wireless headset is virtually impossible these days.  So why would this be
an issue?  Well, let;s say you work in a place that COMPLETELY DISALLOWS
PHONES WITH CAMERAS on site... ifyouknowwhatimeanandithinkyoudo.... yes,
there are some of these types of facilities across the US and elsewhere.
And when the management and security organizations started thinking about
this they said "Uh-oh.. better send out some reminders to the staff" because
lots of people were replacing their old phones with new so they could comply
with the DMV laws.

So now, the phone must be turned off and stowed in the car prior to entering
the site and left there until after you leave the site at the end of the
day... and if you need to make a call at lunch, or want to check your
messages, you have to drive off site.

It's really not too tough to expect that employees will comply with policy
when you clearly communicate it and explain the consequences of
non-compliance.

Larry
-- 
Larry Medina
Danville, CA
RIM Professional since 1972

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