There's a case called Public Citizen v. Carlin that explicitly rejects the
argument that metadata must be preserved. I think from a legal and
evidentiary standpoint, you would want to prove:
1) that the set of records is complete, with no gaps;
2) that whatever it is you have decided to do, you have consistently and
accurately done; and
3) that to the extent attachments were there, that they can be identified,
and if relevant produced.
This satisfies all current legal doctrine, whether accomplished by
preservation of the original metadata, or by some other means.
John Montaņa
General Counsel
Cunningham & Montaņa, Inc.
29 Parsons Road
Landenberg PA 19350
610-255-1588
610-255-1558 fax
484-832-3260 mobile
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Chris Flynn
Sent: Thursday, February 23, 2006 8:07 PM
To: [log in to unmask]
Subject: Re: [RM] Recreated .MSG file - A Legal Record?
Graham,
I can ask Ben Beard, but I don't think the folks thatpenned the E-Sign act
were including the metadata as part ofthe record. While it would be my
recomendation that all metadata be retained and be migrated with the record,
I don't think ther eis a legal requirement to do so. The records
"profession" has ot defined metadata as being a required component to ensure
record integrity and certainly no IT body has defined metadata as required
for data integrity. If I recall, the burden is to reproduce the the record
and to "logically associate" the attachments. Maybe I am remembering it
wrong, it is starting to snow, the sky is darkening, the bleakness of winter
remains, where oh where can the Mariners find a decent starting pitcher and
a good backstop.....
Chris Flynn
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