Charny, Ben. E-mail tracking firm says it didn't know of H-P link. MarketWatch Oct. 3, 2006.

E-mail tracking firm says it didn't know of H-P link - MarketWatch Interesting anecdote to HP story that's been in the news ... they used ReadNotify (software that tracks whether a message has been read, even when sent across the Internet) in an attempt to spy on a reporter ... the rest is history. David

Some Doctors Work by E-mail; Pay, Privacy Issues Stop Others. The Pueblo Chieftain. Oct. 3, 2006.

The Pueblo Chieftain Online - Pueblo, Colorado U.S.A Discussion of new study concerning physician-patient e-mail correspondence ... by the Center for Studying Health System Change in Washington. Less than 25% of US physicians use e-mail for patient communications (no surprise). Also cites a poll by HarrisInteractive Health Care in which 80% of online Americans would like to communicate with their physicians via e-mail. David

Holland, C.C. E-Mail Analytics Eases Burden of Discovery. Law.com. Oct. 3, 2006.

Legal Technology - E-Mail Analytics Eases Burden of Discovery: "E-Mail Analytics Eases Burden of Discovery" According to MIT's Center for Technology, Policy, and Industrial Development, 50 percent of the evidence in court cases is e-mail, and U.S. companies spend $4.6 billion a year to analyze it. David

Bulgaria's Observer Ready to Step Back on Slighting E-mail. Sofia News Agency. Oct. 3, 2006.

Bulgaria: Bulgaria's Observer Ready to Step Back on Slighting E-mail E-mail popping up as evidence in Bulgaria ... David


Balz, Dan & Jim Vandehei. Anger grows over e-mail scandal. HeraldNet. Oct. 3, 2006.

HeraldNet: Anger grows over e-mail scandal Once again, e-mails and instant messages thought to be private are being brought forward as evidence .. this time concerning former Rep. Mark Foley, R-Fla and former House pages in the US. D.


[Vendor Press Release]. LexisNexis(R) and NetDocuments(R) Announce Email Management Services; Now Provide Total Package in Document Services. LexisNex

Archival space continues to expand ... specialty e-mail archival for law firms. http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20060821005623&newsLang=en David

Silverthorn, Ann. Mimosa adds e-discovery. InfoStor. Aug. 16, 2006.

As expected, we're seeing an increase in vendors proclaiming support for 'e-discovery'. Archive and legal technology vendors tend to be first ... and most archive vendors tend to describe 'e-discovery' as finding and triaging evidence in the archive. While this is part of the solution, this isn't anywhere near all there is to e-discovery. It's a start.



Grimes, Seth. Breakthrough Analysis: Will Search Deliver Better BI? IntelligentEnterprise. July 1, 2006.

Good article on BI v. Search ...




Levy, Gideon. Barak's mail to Yale. Haaretz - Israel News. May 21, 2006.

Barak's mail to Yale - Haaretz - Israel News Another example reminding us that if you put something in e-mail, be prepared for it to get into the wrong hands. David


Sengupta, David. Best Practices for Exchange E-Discovery. Quest Software. May 2006.

Sengupta, David. Best Practices for Exchange E-Discovery (with Foreword by Paul Robichaux). Quest Software. May 2006. Just published this whitepaper on electronic discovery ... very much written for folks with little or no legal background coming from the IT perspective wanting to know what this "e-discovery" (AKA "Electronic Discovery" (ED), "Electronic Evidence Discovery" (EED), "Data Discovery" (DD), and so on). Hope this brings some much-needed information and insights to those of you grappling with these issues for the first time. I'll also be speaking on this topic at Tech-Ed 2006 in Boston on Friday, June 16th from 10:45-12:00 p.m. (Room 52AB). If you're going to be at Tech-Ed, c'mon out to my talk! As always, if you have feedback, e-mail me at mailman at quest dot com. David


Dunn, Darrell. E-Mail is Exhibit A. InformationWeek. May 8, 2006

E-Mail Is Exhibit A Great article cautioning, again, that e-mail is coming up as evidence across the industry. David


Sengupta, David. Build an Email-Discovery Plan. Exchange & Outlook Administrator. Apr. 24, 2006 (online) & June 2006 Print Edition.

Build an Email-Discovery Plan Here's an article I wrote recently on e-discovery in Exchange environments, specifically addressing the complementary roles that archival and discovery solutions play from a compliance perspective. It's important to note, as I illustrate in the article, that both types of solutions need to be part of your toolkit if compliance (be it internal, regulatory and/or legal) are a concern in your company. Hope you enjoy the article. If you have comments, e-mail me at mailman at quest dot com. David


Fried, Ina & Declan McCullagh. Apple argues for blogger records. Tech News on ZDNet. Apr. 20, 2006.

Apple argues for blogger records Tech News on ZDNet Interesting case in which blog content is being subpoenaed as evidence in court ... a test of the legitimacy of bloggers as parallel to journalists in some ways. David


Raffo, Dave. On the Path of E-Discovery. Byte and Switch. March 23, 2006.

Byte and Switch - Information Lifecycle Management (ILM) - On the Path of E-Discovery - Storage Networking News Analysis Good coverage ... pretty focused on a company called Document Technologies Inc. (DTI) and their activities around e-discovery. David


CNN. Papers from prewar Iraq posted on Web. CNN.com. Mar 27, 2006

CNN.com - Papers from prewar Iraq posted on Web - Mar 27, 2006 E-Discovery ... review & analysis, at least ... Pentagon style. Interesting idea. David


Zim wants more power to snoop - journalism.co.za - the resource for journalists. Journalism.co.za. March 20, 2006.

Zim wants more power to snoop - journalism.co.za - the resource for journalists Government in Zimbabwe, Africa, is pushing for more rights to access e-mail via ISPs, etc. D.

Hanson, Wayne. San Diego Investigates E-Mail Retention Policies. March 20, 2006.

San Diego Investigates E-Mail Retention Policies: "San Diego Investigates E-Mail Retention Policies" City of San Diego in a bit of an e-mail retention mess ... trying to straighten things out and ensure uniform (and correct) retention policies are applied. D.


Hirschkorn, Phil. Who is Carla Martin and why is she in trouble? CNN. Mar 16, 2006.

CNN.com - Who is Carla Martin and why is she in trouble? - Mar 16, 2006 Oi ... Definitely a case where, if I were TSA, I'd be invoking Duty to Preserve and start preseving e-mails bigtime. Wouldn't want to be on either side of this one. Big stakes, as is often the case. It still amazes me how e-mail has a way of making it around the block ... and onto the front page. D.


Charles, Deborah. Moussaoui trial on hold. Reuters. Mar. 13, 2006.

News One Article Reuters.com Yet another case - this one really high profile - in which e-mail evidence is playing a key role, as we speak. In this case, US District Judge Leonie Brinkema has released e-mails showing that TSA lawyer Carla Martin "sent potential witnesses transcripts of part of the trial and also coached them on how to handle certain questions related to aviation security". It continues to amaze me what people will put in e-mail. In this particular case, justice against one of the Sept. 11th conspirators may end up being tainted. David

Hope, Michele. Who's minding the message store? InfoStor. Feb. 2006

InfoStor - Who’s minding the message store? Mention of some e-mail archival vendors ... discussion of proactive vs. reactive e-mail retention. D.

Hosenball, Mark. They Haven't Got Mail. MSNBC.com. Feb. 15, 2006.

Terror Watch: Rumsfeld's E-Mail Secrets - Newsweek Politics - MSNBC.com Great e-mail compliance strategy: "two of the nation's key crisis managers, the secretaries of Defense and Homeland Security, do not use e-mail" ... love it! Gonna have to go talk with my boss ... I'm already starting to think of the endless possibilities I could achieve without e-mail, what with reduced distractions and increased productivity ... David

Sinrod, Eric J. E-mail notification of change to employment policy insufficient. USA Today. Jun. 23, 2004.

USATODAY.com - E-mail notification of change to employment policy insufficient Older article that I just stumbled across ... discussion of Campbell v. General Dynamics Government Systems Corporation ("General Dynamics"), in which a federal court determined that e-mail notification concerning a company policy was insufficient, specifically since the e-mail subject line did not indicate that: "the email was of critical importance" or that "the e-mail was intended to change employees' legal rights." Even though the defendant purportedly demonstrated that the e-mail had been opened by the employee (sic ... they state they used "tracking logs" do prove this which isn't possible if they're on Exchange at least), the employer should have (i) requested that employees reply stating they had read the e-mail and had understood the implications. David


Boulton, Clint. EMC Does e-Discovery. Enterprise IT Planet.com. Mar. 1, 2006.

EMC Does e-Discovery EMC has announced a suite of tools around e-discovery. Core are EmailXtender and the Documentum "Enterprise Content Integration Services" software "for search and data collection across disparate content silos ..." (hmm, where have I heard about the importance of searching across multiple "silos" of data before ...)


Wulfhorst, Ellen. Americans work more, seem to accomplish less: study. Reuters. Feb. 22, 2006.

US News Article Reuters.com Good article about how technology has sped things up and, on average, decreased productivity across the business world, rather than increasing it. Once again, the bombardment of constant e-mail is a large part of the problem. David


Silverstein, Jonathan. Think Your E-mails Are Clear? Maybe Not. ABC News. Feb. 17, 2006.

ABC News: Think Your E-mails Are Clear? Maybe Not Good article on the ignorant egocentricism and such that can come from using a mostly-text medium of communications such as e-mail. I'm a pretty heavy e-mail user but this kind of article is a good reminder. David


Ahlers, Mike. Democrats: Katrina e-mails show levee breaches reported early. CNN. Feb 10, 2006

CNN.com - Democrats: Katrina e-mails show levee breaches reported early - Feb 10, 2006 Developing story around FEMA e-mail communications around Hurricane Katrina ... another example of e-mail evidence being used in high profile cases. David


Friesen, Leslie. Planning Ahead. Government Technology. Jan. 30, 2006.

http://www.govtech.net/magazine/story.print.php?id=98139 Achivieving 24/7 e-mail availability requires being proactive about your e-mail infrastructure. This article discusses Vanberburgh County, Ind. and their deployment of Exchange clustering in an effort to prepare for the worst. David

Crosman, Penny. Headsup: Down the E-Mail Drain. Intelligent Enterprise.

IntelligentEnterprise : Headsup: Down the E-Mail Drain Recent Harris poll conducted for e-mail archive vendor Fortiva suggests that: - #1 Pain. Spam continues to be biggest time waster, accounting for approx. 67% of 135 billion messages sent worldwide daily - #2 Pain. E-mail search ... 59% of US e-mail users lose time looking for messages. - #3 Pain. E-mail overload. 28% of respondents say e-mail volume causes them to fall behind at work. - Personal e-mail - 61% of respondents send/receive personal e-mail at work - Lost e-mail - 31% have to write or reconstruct lost e-mails David

Vaas, Lisa. HP Buys ILM Maker OuterBay. E-week: The Channel Insider. Feb. 7, 2006.

HP Buys ILM Maker OuterBay Interesting move by HP. ILM differs from e-mail archiving in that "ILM is all about looking at and determining through complex business rules what data doesn't need to be in a production database any longer, since it's not being accessed much or at all." David

White House E-Mail Archive Problem Hinders CIA Leak Probe. FOX News. Feb. 2, 2006.

FOXNews.com - White House E-Mail Archive Problem Hinders CIA Leak Probe Good example of why simply deploying an e-mail archive isn't a guarantee of "compliance". An archive is only as good as the data that's in it. David


Goldenberg, Suzanne. Internet giants announce plans to charge for speedier emails. The Guardian. Feb. 6, 2006.

Guardian Unlimited Special reports Internet giants announce plans to charge for speedier emails Interesting. Paying for faster e-mail delivery. Can't say I've ever needed my e-mail to get to it's destination faster ... as things stand it's pretty speedy even without a $0.01 e-mail-speed-tax :-) David


Weiss, Todd. Technology victim: Western Union sends its last telegram. Computerworld. Feb. 3, 2006.

Technology victim: Western Union sends its last telegram - Computerworld Western Union sent 200, 000, 000 telegrams in 1929 ... that number was down to 20,000 in 2005. E-mail has been the last nail in its coffin. Only time we ever got telegrams was when someone died ... times have changed.

MailArchiva. Open Source Email Archiving Software

MailArchiva - Open Source Email Archiving Software Interesting new open source Exchange archival solution written by Jamie Band. Seems a flood of entry-level archival players are coming at the Exchange archival space from all sides. Will be interesting to see things evolve. David

Bonasia, J. Awash In E-Mail, Firms Embrace E-Discovery. Investors Business Daily. Jan. 31, 2006.

Investor's Business Daily: Awash In E-Mail, Firms Embrace E-Discovery Increase in news on e-discovery this past week. This one appears tied to the publicity that Clearwell has received recently for their 'email intelligence platform'. Have a great day! David


Bergstein, Brian. Plumbing and storing e-archives: An industry blooms. USA Today. Jan. 29, 2006.

USATODAY.com - Plumbing and storing e-archives: An industry blooms Good article on current trends in e-discovery. Mentions of outsourced e-discovery centers including Kroll Ontrack and Fios Inc..

Electronic Discovery' Industry Blooming. NewsFactor Network. Feb. 1, 2006.

'Electronic Discovery' Industry Blooming - Data Management - NewsFactor Network Article on the largely compliance- and legal-driven boom in discovery industry. Mention of Kroll Ontrack, EDDix LLC, Fios Inc., Fulbright & Jaworski LLP, UBS AG, Morgan Stanley & Co., Coleman camping gear, Sunbeam Corp, Redgrave Daley Ragan & Wagner LLP, Fair & Accurate Credit Transactions Act, Frank Quattrone, IBM, EMC, Oracle.


Babineau, Brian. Symantec's Hidden Gem. Computerworld Blogs. Jan. 24, 2006.

Article comparing Symantec, Quest and CA from an APM and archiving perspective. Interesting that Exchange wasn't explicitly mentioned until the bottom of the article. http://www.computerworld.com/blogs/node/1639 David


[Vendor Press Release]. Enron Emails Now Available for Public Analysis. MetaLINCS. Jan 18, 2006.

Cool move by MetaLINCS (e-discovery visualization software provider).

Electronic Discovery Reference Model (EDRM). January 2006.

If you haven't seen this yet, you should take a look. The EDRM Project has been at work for almost a year now coming up with a reference model around electronic discovery. I've been involved on a number of the teams. Background: Launched in May 2005, the Electronic Discovery Reference Model (EDRM) Project was created to address the lack of standards and guidelines in the electronic discovery market – a problem identified in the 2003 and 2004 Socha-Gelbmann Electronic Discovery surveys as a major concern for vendors and consumers alike. The completed reference model will provide a common, flexible and extensible framework for the development, selection, evaluation and use of electronic discovery products and services. The completed model will be placed in the public domain in May 2006.