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Wed, 17 Nov 2004 14:47:46 -0800 |
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http://www.pf.com/law_internet_digitaldisc.asp
SEC Enforcers Want Unfettered Access to E-Mail
Securities and Exchange Commission officials appearing at a conference
sponsored by the American Law Institute-American Bar Association in
Washington, D.C., clarified the Commission's approach to e-mail. The short
version is that when SEC investigators probe possible wrongdoing involving
a broker-dealer, they will insist on access to all of the subject's e-mails
that have been sent over corporate systems, including personal messages.
On November 5, John Walsh, chief counsel in the SEC's Office of Compliance
Inspections and Examinations, said that in inspections, the staff is
requesting e-mails pursuant to the agency's authority to examine all
records, whether or not a legal requirement for their retention exists. If
a communication would be required to be retained in paper form, then it is
required to be retained electronically, he added.
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