Interesting issue, one that I don't know much about.

Question for the List.  Wouldn't the old, paper-based equivalent of the 
"Charlie" burning information on CDs be an employee who xeroxed extra 
copies of materials for himself?  Haven't employees at countless 
organizations done that for years, even for decades?  I mean taking 
home paper duplicates for whatever reason, including convenience of 
reference when working on work-related projects on the weekend?  If 
that was not considered a problem in the old days, why would the 
existence of newer electronic tools make this a greater problem? I 
would guess that much of that duplicative convenience material was not 
destroyed at the same time the office of primary responsibility 
destroyed the record copies within the workplace.

What has been the legal impact of paper convenience copies kept at home 
over the years, in terms of reach of subpoenas served on employers, 
discovery, etc?  Of course, I understand the point about the ease with 
which people can carry flash drives, etc.  I'm just curious as to how 
this played out in the old days when employees walked out, taking home 
a folder of paper copies with which to work at home.  And did it with 
their employers' implicit or explicit blessing.  I don't mean people 
removing copies with nefarious intent, I mean the normal sort of work 
at home stuff that many diligent people have done from time to time.  
To the extent any of you can speak to that, I'd be interested to know 
how the legal angles worked out in the pre-e-record age.

As to remote access, etc., as many of you know, in the private and 
public sectors, depending on the type of workplace, there has been a 
big push on to allow employees to telework from home.
http://www.telework.gov/documents/tw_rpt03/status-initiatives.asp

Maarja

Maarja

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