Jesse,

I would imagine that the type of data discussed in the blog posting
would probably (1) be discoverable, and could (2) eventually be
incorporated into what we understand as the definition of a record.  

When I think through the way in which our thinking and our practices
have been molded by the courts, I'd suggest that both of the above are
"possible".  In its early years, email was not considered to be
incorporated into our definition of what a record is.  Court decisions
like those associated with the Iran/Contra controversy changed
perceptions of email from a communications medium to an electronic
records form.  

It's interesting to think that the more we advance in the use of
technology, the more often many may prefer to communicate by using
methods that leave no indelible trace (e.g. unrecorded verbal
communications).  

Douglas P. Allen, CRM, CDIA+
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