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Sent to you by pakurilecz via Google Reader: Sedona Guidelines: How
Practical for Setting Policy? via Electronic Data Records Law | How to
Win E-Discovery by Benjamin Wright on 10/16/08
Setting E-mail Retention Policy at a Confusing Time in History

A colleague at Messaging Architects sent me this inquiry: "I have been
doing research on legal issues impacting the government sector. More
and More I read about how the Sedona Principles that came out from the
Sedona Conference affects a judge's decision in a case. Is there
anything you can share on the subject?" My reply:

The Sedona Conference's statements on e-records are indeed influential
with judges because they are thoughtfully conceived. The statements are
most helpful when litigation is pending.

But how valuable are they to someone crafting an enterprise records
policy before litigation? My humble view is The Sedona Guidelines: Best
Practice Guidelines & Commentary for Managing Information & Records in
the Electronic Age are not very helpful. The Guidelines are correct in
everything they say. Still,

they are vague, and they don't reflect a grasp of the big picture.

What is the big picture? The legal system is giving enterprises
incentive to be more generous in the retention of records like e-mail.
I support that observation with posts like:

Employees Ill-suited to Make E-Record Retention Decisions

and

Legal Hold Risk at Local Transit Authority

and

Litigation Hold Punishment for Little Community College

and

The Second-Guessing of Arthur Andersen



[In support of my big picture observation, more posts are coming.]

However, the Sedona Guidelines do not say anything as direct and
insightful as "legal system is giving enterprises incentive to be more
generous in the retention of records like e-mail."

The East Carolina University case study I posted recently provides a
more practical road map for e-mail policy making than the Sedona
Guidelines.

--Benjamin Wright


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