The P0stmaster's Blog

TEC 2011 Apr 17-20 - The Exchange event of the year.

2011-03-22T17:22:00.001-04:00

This is the one Exchange event of the year that you won't want to miss. Small conference. No marketing. 3 days with the people who have built Exchange from day one, and the experts who have shaped the market since the beginning. You won't find this many high calibre Exchange speakers in any other event. Nothing comes close. Until the next TEC, that is.

April 17-20, 2011. Red Rock Casino, Nevada.

Virtually every speaker has worked with Exchange since its inception. The names speak for themselves:

Tony Redmond
Kevin Allison
Paul Bowden
Ross Smith IV
Scott Schnoll
Greg Taylor
Michael Atalla
Jim Lucey
Lee Mackey
Dmitry Gavrilov
Keri Farrell
Nic Blank
Jerry Camel
Michael B Smith

Register here today: http://www.theexpertsconference.com/us/2011/

Don't miss it. This isn't a typical conference or summit. This is TEC. Networking. Learning. Hard core.

Be there.

David Sengupta
Conference Chair

Dropbox LAN Sync

2011-01-10T03:38:00.003-05:00

One of the programs I love to use is Dropbox ... provides great sync of files across multiple devices, and into the cloud. Dropbox recently added support for Selective Sync, meaning I can throw a bunch of files into the cloud and only sync down the stuff I want onto each device ... so for example Dad can have all his hockey pics, without having to carry Mom's teaching files around on his laptop ... and so on. One of the features in Dropbox is called "LAN sync". The way this works is that if you've got multiple PCs installed, Dropbox will find out that you're on a LAN and will sync directly between PCs, without the intermediary hop to the cloud. There are pros and cons to this. The key pro is that sync is very fast on your local LAN ... if I modify a file on one laptop it shows up on the other laptop in seconds. Makes for a great poor-man's DR solution in that if my laptop dies, I have all my files synched on a second machine within seconds. Nice. But the caveat of LAN sync is that to achieve this, every machine running Dropbox sends a broadcast across your LAN every few seconds. For example, if I look at a packet capture for my LAN I see "[source IP] 255.255.2555.255 DB-LSP-Dropbox LAN Sync Discovery Protocol" every few seconds. Some of you won't care, but this adds a fair bit of traffic on your network and will degrade performance, especially if you have multiple computers set to use LAN sync. To disable, just right-click Dropbox in your system tray, choose the General tab, and de-select "Enable LAN Sync". It would be nice if Dropbox allowed some tuning of this feature, or even provided a mechanism to manually 'tell' Dropbox where the other Dropbox-enabled machines were on a given network. On a related note, I'd be interested in hearing whether any of you are using Dropbox for PST synch. I've heard claims from some Dropbox forum members that this works well, but I'm skeptical. Haven't tried yet, and suspect PSTs would become corrupt over time. Has anyone tried?

Isherwood, Julian. "SF: E-mail case full of questions" in Politiken.DK 29 Sep 2010.

2010-09-29T06:38:00.002-04:00

Case in Denmark where one government party is alleging government workers were ordered to delete e-mail evidence ... ongoing challenge on whether they were actually deleted or not.

Voigt, Kevin. Nokia: No. 1 and fighting for life. CNN. 18 Sept 2010.

2010-09-18T02:31:00.002-04:00

Great illustration of disruptive technology (software-based smartphones) shaking up an established market (mobile phones). Will be interesting to watch Nokia try and get ahead of Android's momentum. My 3-year gut-level prediction on this market is that Windows Mobile market share will continue to flounder while Nokia (Symbian, etc.) and Google (Android) will fight it out for number 1 spot. Apple and Blackberry will fall in #3 and #4 spots. David

Reuters. Toyota exec warned on defect: "We need to come clean". Apr. 7, 2010

2010-04-07T23:09:00.001-04:00

E-mail evidence in Toyota recall case. David

CBC News. Depressed woman loses benefits over Facebook photos. Nov 19, 2009.

2009-11-20T13:25:00.002-05:00

Another example of social media being used as evidence. Or at least an attempt to use it as evidence ... David

CNN Tech. Can the law keep up with technology? Nov. 17, 2009.

2009-11-18T11:48:00.002-05:00

Good post that relates to e-discovery and social media. David

Golden, Bernard. The Case Against Cloud Computing. IT World Jan 22 - Feb. 23, 2009.

2009-02-24T00:06:00.003-05:00

Given all the hype for Cloud Computing these days, it’s nice to read a counter-perspective.

Key deployment blockers highlighted in Part 1 include:

Current enterprise apps can't be migrated conveniently
Risk: Legal, regulatory, and business
Difficulty of managing cloud applications
Lack of SLA
Lack of cost advantage for cloud computing

If you have time to read all the parts of this article, it’s worth a ready.

Thompson Reuters launches instant messaging hub. HedgeFunds Review. Feb. 3, 2009.

2009-02-23T21:42:00.002-05:00

Thompson Reuters recently launched their Reuters Messaging (RM) Interchange. This allows users to “connect and communicate with over 130,000 end-users in 5,000 companies”. Thompson Reuters claims this is the “world’s first global instant messaging clearing house”. Interesting move.

Conry-Murray, Andrew. IT and Legal Make A Great Team. Yeah, Right. Sept. 26, 2008.

2009-02-23T15:50:00.002-05:00

Title says it all. “IT And Legal Make A Great Team. Yeah, Right.”

Prince, Kevin. Top 9 IT Security Threats and Solutions. Sarbanes-Oxley Compliance Journal. Feb. 16, 2009.

2009-02-23T15:35:00.002-05:00

Some highlights out of the Top 9 IT Security Threats and Solutions relative to Sarbanes-Oxley mentioned in this article:

Threat #4 … with social engineering you compromise a human by tricking him/her into supplying personal information and passwords. Any method of communication will be used to perpetrate this fraud including telephones, mobile phones, text messaging, instant messaging, impersonation of support/vendor staff and social networking sites …. (emphasis mine)

McAllister, Neil. The 25 greatest blunders in tech history (IMO). New Zealand PCWorld. Feb. 23, 2009.

2009-02-23T15:26:00.002-05:00

Listed as a part of the #1 greatest blunder in tech history, e-mail and instant messaging data leaks and security are a considered major problem. A quote:

The web, email, and instant messaging have given criminals unprecedented opportunities for fraud, scams, and electronic spying. In 2007, corporations lost customer data to cyberthieves like never before. And today's vast digital repositories make for very juicy targets that can be copied onto a few DVDs slipped unnoticed in a jacket pocket.

More reason to control those leak apps, notably e-mail and instant messaging, be it OCS, SameTime, Jabber or all of the public and financial IM solutions.

Kincaid, Jason. The AP Reveals Details of Facebook/ConnectU Settlement With Greatest Hack Ever. TechCrunch. Feb. 11, 2009.

2009-02-23T14:26:00.002-05:00

For the past four years I have been talking at various conferences about this method of ‘unredacting’ improperly-redacted PDF documents by simply copying them and pasting into a new document.

Facebook/ConnectU just got stung, and this technique is getting a lot of publicity as a result.

It will only be a matter of time before someone takes the time to start searching other publicly-posted “redacted” documents to see which ones are similarly improperly redacted. When I first started talking about this method, I ran some tests against documents I found on websites of companies that are household names … I was shocked to see how many of them used this method of redacting.

What it boils down to is you can either:

1. Cover the data you want to redact with a black square or set of squares (which leaves you open to the copy/paste technique)
2. Replace the data you want to redact with black squares or [REDACTED] placeholder text

Obviously companies should be using the 2^nd method.

Ignorance is no excuse.

Mack, Mary. Top 10 e-Discovery Cases in 2008. DiscoveryResources. Jan 13, 2009.

2009-02-23T14:18:00.001-05:00

Mary Mack recently posted her Top 10 e-Discovery Cases in 2008. This is an important read if you care about e-discovery.

Basu, Tanya. Instant Messaging to Instant Jail. Discovery Resources. Feb. 19, 2009.

2009-02-23T09:28:00.001-05:00

Instant Messaging usage is growing relative to e-mail usage, and instant messages are discoverable for legal investigations, etc. Here’s a great quote from the article on Mary Mack’s blog over at the Discovery Resources website:

The State relied heavily on the IM messages between the Defendant and the child’s mother to prove their case. Based on the IM evidence and other circumstantial evidence, the jury “reasonably conclude[d] that Defendant had incited [the child’s mom] to use her daughter in a sexual performance . . . and/or to consent to her daughter’s participation in a sexual performance violation.”

There are currently a handful of vendor solutions who provide solutions in this area, Quest Policy Authority for Unified Communications, Symantec, and FaceTime.

Quest Software Policy Authority for Instant Messaging (OCS, Sametime, Jabber, etc.) Archiving, Compliance and DLP. Feb. 22, 2009.

2009-02-22T01:49:00.002-05:00

Quest Software’s Policy Authority solution is an ideal solution for archiving, compliance and data leak protection (DLP) of Instant Messaging (IM) protocols including Office Communications Server 2007 R2, Lotus SameTime, Cisco Jabber, Reuters, Bloomberg, MSN, Yahoo, AOL and other IM protocols. Quest Policy Authority also supports archiving of BlackBerry PIN-to-PIN and BlackBerry call logs for compliance or tracking purposes. The solution is available in either software-only or appliance options, and is deployed in customers around the globe. In a manner of speaking, since MSN, Yahoo, AOL and BlackBerry all have Cloud Computing elements, Quest Policy Authority is an example of a customer-premises management solution being used to manage hybrid on-premises plus Software as a Service components.

Smith, Roger. Sun Cloud CTO: "Your Data Center is Your Computer". InformationWeek. Jan 22, 2009.

2009-02-22T01:40:00.002-05:00

Cloud computing brings new challenges to e-discovery, as suggested by this InformationWeek article.

Having data spread across various public and private clouds – including some virtual ones – will only increase the costs and complexity associated with e-discovery.

CIO Today. Electronic Document Retention: What You Should Know. Jan 28, 2009.

2009-02-22T01:35:00.001-05:00

Great article on electronic document retention. Some great tips from the article:

Practical Considerations for Electronic Document Retention

1. Keep document retention policies simple.

2. Do not let people with laptops become amateur transcribers. Ensure employees only use their company-issued computers for work-related documents.

3. Be careful of all informal notes.

4. Limit notes and board minutes to agreed actions items.

5. Do not engage in debates via email.

6. Never email sensitive material.

7. Monitor what people say via email, instant messaging and blogging.

8. Consider banning instant messaging and blogging.

9. Be careful of mobile email and text messaging. PDAs, BlackBerrys and other smart phone devices now serve as another location of potentially sensitive information.

10. Be careful of attorney-client privilege, or lack of privilege, especially when working outside the U.S.

11. Be sensitive when in-house legal counsel has dual roles of attorney and manager. Be aware of effect on privileged communications.

12. Be careful of outside service providers or web-based hosts such as AOL, Yahoo, etc.

From an instant messaging (IM) perspective, Quest Software’s Policy Authority solution (software-only or appliance options available) is ideally suited for monitoring, archiving and controlling communications.

Shread, Paul. E-Discovery Thrives in Tough Times. Feb. 3, 2009.

2009-02-21T22:19:00.004-05:00

A lot of e-discovery vendors at LegalTech recently. Interesting quotes in this article:

“The investigation of Bernie Madoff may literally support a portion of the [e-discovery] market for the next couple of years” (quoting ESG sr. analyst Brian Babineau)
“ESG has studied the value of e-discovery technologies and found that content archiving (e-mail, files, and so on) generates a fast payback because it centralizes data for easy identification and collection, and companies can also use it to enforce legal holds.”

Also mention of Procedo coming out of stealth mode … any-to-any data archive migration focus.

Mintz, Jessica. Electronic Evidence Firm Grilled Over Absent Memos. Feb. 14, 2009.

2009-02-21T22:12:00.002-05:00

Bit of a black eye for Guidance Software. Too bad they couldn’t find what they were looking for on their own network … presumably they do better for their customers.

David

Wall, Ethan J. Social Networking Sites Look Like Plunder to Attorneys. Feb 20, 2009.

2009-02-21T22:07:00.002-05:00

Great article on social networking sites … it always amazes me just how much I can discover about a person by Googling them for awhile. Scary.

This article suggests that e-discovery lawyers will need to turn their attention to social networking sites as part of their investigations.

David

Facebook used to find defendants in Australian court case. Ottawa Citizen. Dec. 18, 2008.

2008-12-16T16:08:00.000-05:00

Good post on Facebook ... now being used as part of legal investigations! David

Darlington, Shasta. Cuba alleges U.S. envoy carried funds to dissidents. CNN. 2008-05-19.

2008-05-19T14:21:00.000-04:00

E-mail as evidence ... "the officials presented a series of alleged e-mails they said were between the diplomat, Michael Parmly, and groups based in Miami, Florida, opposed to the communist government. " David

Police intend to charge O'Brien. Ottawa Citizen. Dec. 8, 2007.

2007-12-08T22:57:00.000-05:00

Another example of e-mail being used as evidence ... this one focused on the Mayor of Ottawa ... Police intend to charge O'Brien. David

White House ordered to preserve all e-mail - CNN.com

2007-11-12T20:17:00.000-05:00

White House ordered to preserve all e-mail - CNN.com Upping the ante ... D.

Minzesheimer, Bob. Check your e-mail - before you hit send. Indystar.com. Apr. 12, 2007.

2007-04-12T23:21:00.000-04:00

New book out called "Send: The Essential Guide to Email for Office and Home". Author summarizes the book's best advice in the article ... "Think before you send". There. I've saved you having to read the book. (But go buy it anyways ... ) http://indystar.gns.gannett.com/apps/pbcs.dll/article?AID=/20070412/TECH01/703080395/1001/TECH David

White House lost Over FIVE MILLION e-mails in two year period | Citizens for Responsibility and Ethics in Washington. CREW. Apr. 12, 2007.

2007-04-12T23:17:00.000-04:00

Story continues to unfold ... 5 million e-mails missing at the White House ... what fun. http://www.citizensforethics.org/node/27603 David

Franken, Bob. White House unofficial e-mail accounts draw scrutiny. CNN.com. Apr. 10, 2007

2007-04-10T10:54:00.000-04:00

White House unofficial e-mail accounts draw scrutiny - CNN.com Good example of e-mail & compliance (sic) issues ... this time at the White House. David

Calabresi, Massimo. Question Time in the Attorney Firings. TIME. March 28, 2007.

2007-03-28T23:03:00.000-04:00

Question Time in the Attorney Firings TIME Now that's e-mail in the news ... how'd you like the Chairman of the US Senate Judiciary Committee to be holding your e-mail up in a press conference? David

Yost, Pete & Lara Jordon. E-mails Detail U.S. Attorney Firings. TIME. March 20, 2007.

2007-03-20T11:24:00.000-04:00

Been awhile since I blogged ... recent news story ... another example of e-mail in the news ... E-mails Detail U.S. Attorney Firings TIME: "eight U.S. attorneys might not stand up to scrutiny. " David

CNN. Hit man to Pittsburgh professionals: Pay up or die. Jan 9, 2007.

2007-01-09T22:46:00.000-05:00

Hit man to Pittsburgh professionals: Pay up or die - CNN.com What will they think of next. David

ABC News: Nigerian 'Black Money' Scam Continues After 20/20 Expose. Dec. 11, 2006

2006-12-12T00:35:00.000-05:00

Amusing read ... e-mail evidece from Nigerian scammer ... ABC News: Nigerian 'Black Money' Scam Continues After 20/20 Expose

Bash, Dana. Aide: Congressman learned of Foley e-mail in 2000. CNN. Oct 9, 2006

2006-10-09T22:34:00.000-04:00

CNN.com - Aide: Congressman learned of Foley e-mail in 2000 - Oct 9, 2006 E-mail in the headlines again ...

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

2006-10-04T00:48:00.000-04:00

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.

2006-10-04T00:42:00.001-04:00

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.

2006-10-04T00:42:00.000-04:00

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.

2006-10-04T00:41:00.000-04:00

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.

2006-10-03T21:11:00.000-04:00

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

2006-08-22T10:53:00.000-04:00

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.

2006-08-22T10:27:00.000-04:00

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.

http://www.infostor.com/Articles/Article_Display.cfm?Section=ARTCL&SubSection=Display&PUBLICATION_ID=23&ARTICLE_ID=266347

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

2006-08-22T10:19:00.000-04:00

Good article on BI v. Search ...

http://www.intelligententerprise.com/showArticle.jhtml?articleID=189500044

David

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

2006-05-22T12:13:00.000-04:00

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.

2006-05-19T15:07:00.000-04:00

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

2006-05-15T16:36:00.000-04:00

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.

2006-05-02T23:37:00.000-04:00

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.

2006-04-22T16:17:00.000-04:00

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.

2006-04-04T07:43:00.000-04:00

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

2006-03-27T23:05:00.000-05:00

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.

2006-03-20T23:05:00.000-05:00

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.

2006-03-20T23:03:00.000-05:00

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.

2006-03-16T21:41:00.000-05:00

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.

2006-03-13T23:17:00.000-05:00

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

2006-03-13T15:20:00.000-05:00

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.

2006-03-13T15:13:00.000-05:00

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.

2006-03-13T13:00:00.000-05:00

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.

2006-03-06T10:17:00.000-05:00

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.

2006-02-25T16:36:00.000-05:00

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.

2006-02-18T10:33:00.000-05:00

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

2006-02-10T14:43:00.000-05:00

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.

2006-02-08T11:05:00.001-05:00

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.

2006-02-08T11:01:00.000-05:00

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.

2006-02-08T10:55:00.000-05:00

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.

2006-02-08T10:47:00.000-05:00

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.

2006-02-06T01:44:00.000-05:00

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.

2006-02-04T11:24:00.000-05:00

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

2006-02-04T09:58:00.000-05:00

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.

2006-02-04T09:46:00.000-05:00

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.

2006-02-03T13:23:00.000-05:00

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.

2006-02-03T12:14:00.000-05:00

'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.

2006-01-27T15:10:00.000-05:00

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.

2006-01-21T12:08:00.000-05:00

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

Electronic Discovery Reference Model (EDRM). January 2006.

2006-01-21T12:06:00.000-05:00

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.

Morris, Duane LLP. Unpleasant Discovery. Mondaq. Nov. 30, 2005.

2005-12-19T23:38:00.000-05:00

Interesting example of e-discovery case around a discrimination scenario.

Mehta, Nick. E-mail discovery: Steps for getting quick access to data you need. Computerworld. Dec. 13, 2005.

2005-12-19T14:25:00.000-05:00

Symantec (ala Veritas ala KVS) perspective on e-discovery ... some good stats.

Oswald, Ed. Microsoft Simplifies E-mail with 'SNARF'. BetaNews. Dec. 2, 2005.

2005-12-05T12:06:00.000-05:00

Interesting new app from Microsoft (in beta) to facilitate e-mail triage. Will give it a try ...

Microsoft Exchange Server Users Get Continuous Data Protection. Sarbanes-Oxley Compliance Journal. Nov. 3, 2005.

2005-11-17T23:43:00.000-05:00

Sarbanes-Oxley Compliance Journal :: NewsDiscussion of Timespring flavored CDP ... in their TimeData for Microsoft Exchange product.

Marshall, Matt. Could e-mail platform unseat Microsoft? Arbiter Online. Nov. 17, 2005.

2005-11-17T23:41:00.000-05:00

Arbiter Online - Could e-mail platform unseat Microsoft?

[Vendor Press Release: New Survey Shows Almost 70 Per Cent of Email-Using Employees Have Sent or Received Email that May Pose a Threat to Businesses

2005-11-17T23:33:00.000-05:00

Sponsored by Fortiva ... survey conducted by Harris Interactive.

Kennedy, Denise. If Electronic Discovery is the Next Big Thing, Why Are So Few Lawyers Doing Electronic Discovery? Corante. Nov. 1, 2005.

2005-11-05T14:55:00.000-05:00

If Electronic Discovery is the Next Big Thing, Why Are So Few Lawyers Doing Electronic Discovery?. Between Lawyers: technology + culture + law: "If Electronic Discovery is the Next Big Thing, Why Are So Few Lawyers Doing Electronic Discovery?"

CNN. Lawmaker: E-mails show Brown 'out of touch' during Katrina - Nov 3, 2005

2005-11-03T08:16:00.000-05:00

Once again e-mails come back to haunt ... in this case with respect to FEMA director Michael Brown's response to Hurricane Katrina.

Leyden, John. MessageLabs nabs Omnipod for IM security. The Register. Nov. 2, 2005.

2005-11-02T07:48:00.000-05:00

MessageLabs acquisition of IM provider.

Allman, Thomas. US Poised for new Disclosure Laws. Legal Week. Oct. 27, 2005.

2005-10-27T00:16:00.000-04:00

Legal WeekImportant discussion of Rule 26(b)(2)(B) which brings e-discovery legislation ammendments to the US Supreme court ... targeting an end-of-2006 adoption. Read on ...

AP. Prosecutor, Judge in CIA Leak Probe Meet. ABCNews.com. Oct. 26, 2005.

2005-10-27T00:11:00.000-04:00

Interesting coverage of the CIA Leak probe ... last line of the article refers to an e-mail that Rove's attorney 'located' referring to a conversation between Rove & Cooper ... key evidence in the case. E-mail has a way of coming up as evidence ...

Pariseau, Beth. CA folds in e-mail-archiving startup. SearchStorage.com

2005-10-25T12:09:00.000-04:00

CA folds in e-mail-archiving startupImportant acquisition by CA of iLumin recently. Not only does this give them an archival play, but also [more importantly IMO] an e-discovery play. Of course where it goes now that CA has absorbed is left to be seen ...

Howard, Philip. The problem with archiving. IT-Analysis.com.

2005-10-25T12:07:00.000-04:00

IT-Analysis.com - The problem with archiving

Bass, Steve. CYA with Business or Corporate E-mail. PC World. Oct. 24, 2005.

2005-10-25T12:05:00.000-04:00

Quick tips & tweaks on e-mail compliance ...

O'Regan, Rob. The Ultimate Bug Fix. June 1, 2005. CMO Magazine

2005-10-10T23:12:00.000-04:00

Interesting mention buried in here about the "Book of E12" which sounds like a 55-page contract between dev & marketing on the Exchange team at Microsoft.

Celluon Project Keyboard & Fujitsu Electronic Paper at CEATEC Japan. Makuhari Messe, Tokyo. Oct. 4-8, 2005.

2005-10-09T00:14:00.000-04:00

OK I had to blog this ... digressing from my normal theme ... this projection [hologram] keyboard http://www.canesta.com/html/celluon.htm is a really interesting example of thinking outside of the box. Thought I'd blog it. That along with Fujitsu's electronic paper http://www.akibalive.com/archives/000515.html#more are the two most interesting things I noticed in my reading about the Ceatec show in Tokyo this week. Both represent interesting paradyme shifts!

Socha, George. Socha Consulting e-Discovery Decisions Site. 2003-present.

2005-10-06T22:40:00.000-04:00

Socha Consulting LLC > electronic discovery resources > decisionsGreat site. Searchable database of e-discovery decisions.

Redish, Martin. Electronic Discovery and the Litigation Matrix. Duke Law Journal [51 Duke L. J. 561]

2005-10-06T22:33:00.000-04:00

Just stumbled across this gem ... some great content in here.

Nokia introduces corporate e-mail. CNN. Sep 13, 2005

2005-09-15T00:33:00.000-04:00

Interesting. CNN.com - Nokia introduces corporate e-mail - Sep 13, 2005: "Nokia Business Center"

Atkinson, WIlliam Illsey. They're watching you. Globeandmail.com. Sept. 13, 2005.

2005-09-14T00:05:00.000-04:00

A bit off-topic, but a great read.

Cohen, Hal. e-Tampering - Greater Baton Rouge Business Report. Aug. 30, 2005.

2005-09-12T16:54:00.000-04:00

e-Tampering - Greater Baton Rouge Business Report

Ranger, Steve. Email systems expose companies to risk: Senior Execs Still Fail to Realize the Dangers ... Silicon.com. Jun 24, 2005.

2005-09-09T01:06:00.000-04:00

Email systems expose companies to risk - IT Director - Breaking Business and Technology News at silicon.com

Cortazzo, Jamie. Louisiana legal system devastated by Hurricane Katrina. Jurist. Sept. 1, 2005

2005-09-08T10:20:00.000-04:00

This raises an interesting perspective on e-discovery, namely disaster recovery & business continuity for e-discovery processes and data themselves. Scary.

[Vendor PR]. Study Finds Small Securities Firms Falling Short in Compliance With SEC Email Archiving Regulations. PRWeb. Aug. 15, 2005.

2005-08-31T11:33:00.000-04:00

Study Finds Small Securities Firms Falling Short in Compliance With SEC Email Archiving Regulations

[Vendor PR]. FAST and IntelliReach Partner to Bring Enterprise Search to Email. Sys-con India. Aug. 30, 2005.

2005-08-31T11:32:00.000-04:00

FAST and IntelliReach Partner to Bring Enterprise Search to Email @ in.sys-con.com Interesting ... enterprise search for e-mail would be a good thing ... how they plan to achieve this is going to be interesting to watch.

McCue, Andy. CIOs lack confidence in corporate email compliance. silicon.com. Aug. 23, 2005.

2005-08-31T11:28:00.000-04:00

CIOs lack confidence in corporate email compliance - Storage - Breaking Business and Technology News at silicon.com

Yirell, Sara. Companies ignoring compliance. Computing. Aug. 31, 2005.

2005-08-31T11:27:00.000-04:00

Companies ignoring compliance - Computing

Irsfeld, Mitch. Freedom of Information Act Presents Familiar Challenges. Compliance Pipeline. Jan 25, 2005.

2005-08-17T11:37:00.000-04:00

Compliance Pipeline | Freedom of Information Act Presents Familiar Challenges