Let me start with the disclaimer that I don't personally use IM and only know what I've read on this listserve about it, but I wanted to share something I read just this morning on this subject. Back on Feb. 18, Peter K provided a link to Microsoft's comments concerning the proposed amendments to the Federal Rules of Discovery http://www.prestongates.com/Images/pubs/MicrosoftFRPCComments.pdf and a diagram they provided http://www.prestongates.com/Images/pubs/SampleNetworkDiagram.pdf. This is really interesting reading and provides much useful information about how computer networks work - I highly recommend reading it (whether you agree with Microsoft's take on the legal issues involved or not). On pages 19-20 of their comments, they address the concept of Electronically "Stored" Information, as opposed to "created" or "transmitted" information. They point out that for many years we have been creating and transmitting a lot of information via telephone, radio, and television, but that typically that information is not recorded by the recipients. While some activities like stock brokers or 911 dispatchers routinely record and store such electronic information, they do it based on law or business need, and are the exception rather than the rule. I quote the following from Microsoft's comments, as it bears on this discussion. It appears, from what Microsoft states, that whether IM is recorded and therefore needs to be managed or not depends on a company consciously choosing to record IM's. The default would be that IM is more like a transient conversation in the office than like an email. "All this electronic information can easily be recorded and stored, but that must remain the choice of the user. Only when recorded and *stored* should all this information be subject to discovery and the proper object of these Rules. Email is generally subject to these Rules because by default the email software records and stores email until the user affirmatively chooses to delete it. Instant messaging is different because the leading software that creates it, including Windows Messenger and MSN Messenger, are designed by default not to record or store IM sessions. Just like with a normal phone call, when the IM session is over or the text window is closed the messages are not stored. They are automatically deleted, unless the user affirmatively chooses to save them." Greg Schildmeyer, CRM Director of Records Management Missouri Secretary of State's Office -----Original Message----- From: Tom Wilson [mailto:[log in to unmask]] Sent: Thursday, February 24, 2005 1:25 PM <Snip>While the employees were honest enough to admit that they use IM in the same way as walking to the next cubicle, they unfortunately must understand that the medium they are using, IM, is a live written (typed) record, already recorded. As such any policy to destroy it does not make it less a record.<Snip> -----Original Message----- From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Terry Schofield Sent: Thursday, February 24, 2005 12:25 PM <Snip> I then raised the issue that using IM for business purposes imposes a responsibility on our company to properly manage the IM based on content in accordance with our RM Policy and Record Retention Schedule. Seems logical to me, but the response I received was, "My team uses IM in business conversation, just like we would if we got up and walked to the next cubicle. We don't have to record verbal conversations, so we should just make a policy that states we don't keep any IM, just dispose of it all." That's when the little hairs on the back of my neck started to rise, and I felt a panic about to set in. I don't think it is right to "just not keep IM", especially since we have already adopted an E-mail Policy which requires e-mails to be managed in accordance with the RM Policy and Record Retention Schedule. In my mind, this would create a conflict. <Snip> List archives at http://lists.ufl.edu/archives/recmgmt-l.html Contact [log in to unmask] for assistance